"The hour of 12:30 a.m. having arrived, the House will come to order. Members should be in their seats. Members are asked to please keep their laptops off until we have our Pledge of Allegiance and our prayer. We'll be led in prayer today by Reverend… Lee Crawford. Lee Crawford with the prayer."
"May we… may we pray. Most gracious and most kind God, author and finisher of our faith, the giver and sustainer of our lives, we pray that You would bestow Your most precious blessings upon this august Body. May You bless its Leader, may You bless all of its Members and may You strengthen them. May You give them wisdom, may You give them grace. This we ask in Your Son's name, amen."
"We'll be led in the Pledge by Representative David Leitch." Leitch – 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. Leader Barbara Flynn Currie."
"Thank you, Speaker. Please let the record show that Representatives Graham and Patterson are excused today."
Speaker Lyons: "Thank you, Representative. Representative… Representative Bost. Representative Brady. All the Republicans are there, Mr. Clerk. Take the record. There's 116 Members present, we have a quorum. We are ready to do the business of the State of Illinois. The Chair recognizes 09500065.doc 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 the Gentleman from Bond, Representative Ron Stephens. For what purpose do you rise?"
"I understand that we can ask, under House Rule 32, the presence of a quorum. I wonder if there's a rule that… could we question the wisdom of a quorum?"
"The statement's not provided for in the Rules."
"There's no wisdom provided for in the Rules? Wisdom? All right."
"Representative Molaro."
"Since it's this late and we caught a second wind, why don't we just do all the business and then we can just go home and not have to come back tomorrow morning. I ri… And a second thing, and I'll be real quick on this, the Gentleman from Madison County said something like he thinks we're not… we're going to be here or something. Unless he knows something I don't know, we just passed a budget, goes over to the Senate and I'm sure President Jones will pass it and the Governor will sign it. So, I don't know why we're going to be here after tomorrow since we already passed our budget, unless there's something we don't know about, after today."
"We'll take all your great considerations under consideration. Thank you, Representative Molaro. Mr. Clerk, on page 1 of the Calendar is Senate Bill 13. Read the Bill, Mr. Clerk."
"Senate Bill 13, a Bill for an Act concerning revenue. Third Reading of this Senate Bill."
Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Barbara Flynn Currie." 09500065.doc 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Thank you, Speaker and Members of the House. Three (3) years ago skyrocketing property values for residential homeowners in Cook County led this Assembly to create a methodology to protect some of the increased value from the ravages of the tax collector. The so-called 7 percent solution did help many homeowners manage to stay in their homes and pay their property tax bills on time. The program ends this year, and here we are three (3) years later, with property values still increasing rapidly in the county of Cook. In response, we are recreating the so-called 7 percent solution a little differently structured, initially more property, more increase in equalized assessed value will be protected, but we hope to ramp down the program so that perhaps by the time we get to the next reassessment we will not need to recreate it particularly as property values seem to be cooling. In addition, our measure would create a long-term homeowner exemption so that people who've lived in their houses for a long time and are of moderate means would be protected against further increases in equalized assessed value. We understand that property taxes are increasing rapidly throughout the State of Illinois; it is not just a Cook County problem. So, in addition to the specific 7 percent solution for Cook, Senate Bill 13 would establish increases in the general Homestead Exemption, the Senior Homestead Exemption, we would create an exemption, a special exemption, for disabled Illinoisans, we would welcome back our returning warriors from Iran and Afghanistan with a onetime property tax exemption and we would provide a new exception for disabled veterans. And we also will increase 09500065.doc 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 the value of the senior freeze, the threshold limit would go from, first of all, between forty-five and fifty thousand dollars ($45,000 and $50,000) of household income. There would not be a ramp up that is to say you'd take that… that proration out and we would increase the total household income that would trigger eligibility from that fifty thousand to fifty-five thousand (50,000 to 55,000). We would improve the Circuit Breaker and make it possible for local governments to provide abatements when a police officer, a firefighter, an emergency rescue worker is killed on the job. That's the Bill. I'd be happy to answer your questions. And I would appreciate your support for the kind of relief that our homeowners need, relief that will be available from one county in this state to the next from the top of the state to the bottom, I think our people back home are asking for this kind of help from us and I hope you will help me in seeing to it that they get it."
"The Chair recognizes the Gentleman from Cook, Representative John Fritchey."
"Thank you, Speaker. Very briefly, to the Bill. You know, over the years all of us have had a lot of debate on this issue, a lot of strong feelings on this issue, some of us feel certain ways, others other ways and I respect all the differences here. All I really want to briefly say is I would… appreciate the time that everybody put in in listening to this Bill in its different forms and its different iterations. We all have issues that are important to our districts. This is one that's extremely important to mine and many of my surrounding colleagues. I want to make 09500065.doc 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 a specific point of thanking the Majority Leader and the Speaker who both put in an extraordinary amount of time and energy and attention into this issue at times when it probably would have been tempting to walk away from this. I don't believe that it is a perfect Bill, few Bills that come out of here are. It is a very good Bill that is going to do some very good things for people that need and deserve it. I'm happy that we have gotten to this point. I trust that the Senate will join us in providing some relief to our taxpayers back home and it'll help to… with some of our constituents stay in their homes. Thank you very much."
"The Chair recognizes the Gentleman from DuPage, Representative Bob Biggins."
"Yeah. Thank… thank you, Mr. Speaker and Ladies and Gentlemen of the House. I also join and rise in support of Senate Bill 13. You know, a good portion of my House District is… includes Cook County residents and this Bill now has been adding the right combination as the Majority Leader so aptly stated of veterans, wounded veterans, homeowners, policemen and firemen injured on the job, the right combination of people statewide are now going to be able to participate in the benefits from Senate Bill 13. I'm glad to be supporting this Bill."
"Representative Roger Eddy."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Indicates she will."
"Representative, first I want to make sure we understand the… the parameters of the legislation. Some of this is 09500065.doc 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 effective throughout the state, some of it is not. Can you kind of go through again the parts of this that automatically are effective everywhere in the state?"
"A slight increase in the general Homestead Exemption, the Senior Homestead Exemption, the creation of a disabled homestead exemption, the returning veterans onetime only exemption, the disabled veterans permanent exception that would operate so that somebody under Veterans Affairs standards is between 50 and 75 percent disabled would be entitled to a twenty-five hundred dollar ($2500) exemption, from 75 to 100 percent disability, that would be worth five thousand (5,000). In addition, we are increasing the senior freeze from fifty to fifty-five thousand dollars ($50,000 to $55,000) and adding… adding some support to the Circuit Breaker and again, allowing municipalities to abate their own taxes for fallen police, help people, firefighters and rescue workers."
"And the assessment cap extension and expansion portion and the homeowner exemption revision is applicable to Cook County with opt-in for other counties?"
"That is available to any county that the so-called 7 percent solution, the three-year program I began by describing, but it is a county opt-in and during the first three (3) years, the only county that took advantage of it was Cook County. Under this…"
"And they opted in or did the legislation put…"
"They had to…"
"Okay." 09500065.doc 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"…they had to opt-in and under this measure any county that chooses to opt-in would also be required to operate the long-time homeowner exemption that I also described."
"Okay. Now, the way that the state aid formula works, are school districts in effect held harmless from the negative effect of the EAD being capped in the local effort portion? Will schools have the loss replaced in general state aid?"
"I don't believe they will, in fact, what will happen is that there will be just a… in capped areas there'll be just a difference in who's actually paying the bill rather than an increase in the state aid formula."
"So, when the levy…"
"The equal… the total assessed value will still be there, the question is, I believe, at least… at least in capped areas it would just be a difference in who's actually paying the bill."
"So… so, they would shift. Whatever the levy is, the rate… the limiting rate would be set by the levy and it could be a shift from residential to other types of assessment in order to make sure that the levy is extended?"
"Right. I believe that's right."
"Okay. And… and in… in the case of a school district then really what they miss is the amount above the 7 percent that isn't accessible for the levy, if they hadn't reached their limitation?"
"Right."
"Okay. So, we're likely talking about limited dollars as far as loss from general state aid but there could be a loss 09500065.doc 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 locally based on that limit but most likely it's going to shift this from residential to commercial?"
"That is most likely."
"Okay. Thank you very much for answering the questions. This is… this is rate relief of some fashion and you know, I think the important thing is that we replace that revenue somehow when we get that rate relief and we need to keep that in mind."
"Representative Tryon."
"Thank you, Mr. Speaker. To the Bill."
"…Bill."
"I have great respect for the Sponsors of this Bill, but I happen to believe that property taxation and taxation in general should be fair and equitable to all. I don't see this Bill as being fair or equitable. What this Bill essentially will do is it will reshift the tax burden to other payers, other payers, who, if we had a fair system of property taxation, wouldn't have to pick up the additional burden. I think we will make people pay taxes who are at least able to pay taxes: those who rent, those who are in poor areas, those who can't afford to pay taxes. We need property tax relief for all Illinoisans not just a certain segment of Illinoisans. Because this isn't a fair and equitable switch in the tax burden, should this Bill receive the required 60 votes I would request for a verification."
"Your request for verification will be honored, Representative. Representative Ed Sullivan."
"Thank you, Mr. Speaker. To the Bill."
"To the Bill." 09500065.doc 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"We've certainly been debating this for many years. I can sympathize with the folks from Cook County that talk about how much they pay in taxes, but I want to point out to the Body that in Cook County their assessed value level or the level of assessment is different than the rest of the state. So, in Cook County when you have a five hundred thousand dollar ($500,000) home, you might be paying about one… one and a half percent of the value in taxes. Up where we live, we're paying more like two… two and three quarters percent of the taxes. That's because of how they assess property in Cook County. So, right off the bat, while your taxes are going up and our taxes are going up, we already and the rest of the state pay more in property taxes than anybody in Cook County, right off the bat. So, I… we all understand how… how the taxes are hurting our respective constituencies, but let me explain a little bit about how this Bill works and this is more geared towards the newer Members that weren't here three (3) years ago. How this works is when you take assessed value off the table it has to be made up somewhere else. It has to be made up in the form of higher tax rates, and so when we talk about a shift, we're talking about tax rates that go up on people that do not benefit from the exemption. Now, let's talk a little bit about who those people are and who is benefiting and who is not benefiting. Well, typically, homes that are appreciating are homes that are valued more. Typically, those areas are in the wealthier areas. Homes that are not appreciating more are typically in the poorer areas. So, here we have a Bill that is going to give a tax break to the 09500065.doc 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 predominantly wealthier areas at the expense of the predominantly poorer areas. Only in Illinois would we think this is fair. Who else does it hurt? Well, if you're a farmer, you're not eligible for this exemption. If you're a businessman, you're not eligible for this exemption. If you're a senior on the senior freeze, who we're trying to help, you're not… you're going to get hurt because you're paying higher tax rates. You're already frozen. If you're a renter, you're hurt by this new tax or the… extending this tax. Ladies and Gentlemen, I'm… I don't know how this is going to take place, but at some point, yes… yes, we have to talk about property tax relief, but this is not the good way to do it. This is hurting the people that should benefit the most and helping the people that can afford to pay the taxes the most. So, I urge a 'no' vote."
"The Gentleman from Vermilion, Representative Bill Black."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"Representative, I'm not sure I understand. On all of the… once you get out of the Cook County 7 percent, other counties can adopt the 7 percent solution if they do so by action of the board, correct?"
"And that's true for Cook County as well."
"Okay. Now…"
"This is not automatic for any county."
"Okay. Thank… and that clears that up. Now, all of the other statewide property tax relief proposals: senior exemption increase, disabled, returning veterans, et cetera, 09500065.doc 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 et cetera, would the county boards have to approve the granting of those additional exemptions or are they automatic?"
"No, they would be automatic as they always have been when we've done these… these items before."
"And there's no sunset clause on them, is there?"
"No, there is not presently. For example, many of these are current exemptions; we are expanding them. There is no sunset for the general homestead exemption, the senior exemption…"
"Yeah."
"…senior freeze."
"Well, it's the… the returning veteran, disabled, disabled veteran, I think these are all new, correct?"
"Those two are new, yes."
"All right. Okay."
"But there is no sunset. Except that… I'm sorry…"
"I…"
"…for the returning veteran it's a one one-year proposition…"
"Right. I…"
"…one (1) year only."
"…I see that. I… It has been mentioned, Representative, and I wish I represented an area where there was substantial valuation increase and property value increase, but that's not the case. Our… our valuation increases are very modest. I represent rural districts that all they have to finance their schools is residential property and farm ground. Now, if you eliminate property value by additional tax 09500065.doc 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 exemptions, I… I'm torn on this. I think there's going to be some rural schools who are at their maximum tax rate are really going to get hurt because you are eroding their tax base. Now, there's no question property taxpayers want relief, but I… I'm afraid… No question. To the Bill, Mr. Speaker. I'm afraid what we're going to do here, if we're not very careful, is create, not create, we're going to absolutely create a need for additional revenue. And as Representative Miller has worked all Session long trying to generate that revenue through an income tax increase was never considered, but if you take this kind of property valuation away from small rural school districts they have but one solution that I can see. They either go out for a referendum, if they're already at their maximum rate and then eventually, the rate eats up the savings. It's a real difficult issue and I think Representative Sullivan put it very simply. It's not… You can't have this kind of relief without generating some other kinds of tax revenue. I'm surprised… well, I'm not surprised… I think this probably was filed in the last 48 hours because I'm amazed that I haven't heard from counties, townships, school districts, all of those services that are provided for by a property tax. I… I've got a hunch that this is going to come back to bite us and bite us very hard or create a demand for tax money that Representative Miller and others have tried to tell us we're going to have to do and we refuse to face that. So, I suppose if you vote for this that's…"
"Representative Black, your time has expired. If you could conclude your remarks in the next minute…" 09500065.doc 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Sure. At some point, I think, you're going to have to be ready to vote for a state tax increase to make up for the loss of local property tax revenue which is what we've been trying to do with House Bill 750 and not had any success."
"The Gentleman from Cook, Representative Kevin Joyce."
"Thank… thank you, Mr. Speaker, Ladies and Gentlemen of the House. To the Bill. With… with great respect for the previous three speakers, I disagree with some of their premises. First of all, it has been a long process that many on this side of the aisle, even from the same county in northern Illinois, have disagreed on the 7 percent solution. Many of us deliver… disagreed on the amount of money that a cap… that the cap should be on the 7 percent solution and we have battled internally, both within the caucus and within the region in which we are from, but the Speaker and the Majority Leader have led a group of people that have interest in this Bill, not only from Cook County, but outside Cook County to create property tax relief for many citizens in the State of Illinois. And they have also worked with our counter pouts… counter parts in the Senate. And this is a Bill that does not create 100 percent relief for everyone or for anyone for that manner. This is a Bill that helps the average person get by with a little less difficulty then they are… would be getting by if the existing tax proposals were to go into effect come the fall. There are some new exemptions. Those exemptions are for very, very needy persons: disabled veterans, widows of police officers and firefighters, and emergency workers, 09500065.doc 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 widows that are raising families yet expected to meet the rising valuation costs of their home when assessments on those homes were done at an all-time high in the real estate market. Now, that real estate market has slipped quite significantly as we all know and now if they were to go and sell that house, there's no way they could even get close to the market rate that the assessor has valued their house at. I do want to thank the Majority Leader for her leadership because it has been a long battle both internally and externally. And I think that and it's not often when we… and probably not often enough… that we thank our staff, but John Lowder and specifically Jessica Basham have done amazing job on getting the real facts out to Members and the real impact to our constituents if this Bill were to go in effect. And I respectfully ask for an 'aye' vote."
"The Gentleman from McHenry, Representative Jack Franks."
"Thank you, Mr. Speaker. And to the Bill."
"To the Bill."
"Our property taxes are too high. They are too high throughout the State of Illinois. Whether you're in the collar counties or in southern Illinois or in Cook County, we all agree that our property taxes are too high. Why are they too high? Because our school funding formula is broken; it's not fixed. We had an opportunity to fix it this year; we should have fixed it this year; we didn't fix it this year for a variety of reasons. We had people working very hard to get the burden off the property tax for our schools and we didn't get it accomplished. Now, having 09500065.doc 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 said that, every person who lives downstate should be voting for this Bill. There were no other counties that chose to opt-in to the 7 percent solution and I don't think any others will. But if you don't vote for this Bill, you are voting against property tax relief through the general homestead exemption, through the senior homestead exemption and you know every time we have our town hall meetings and every time we go door-to-door and talk to folks, you know, that's what they're talking about. Now, you have an opportunity here to help. The disabled homestead exemption, we've been trying to get this for years. We filed this Bill over and over. It's the first time it's come out to the floor. It's very important. The senior freeze will be moved up to fifty-five thousand dollars ($55,000), that is a very significant amount. And the increase in the Circuit Breaker threshold by one thousand dollars ($1,000) is very important as well. I'd encourage everyone to vote 'yes' for those reasons alone. Now, we understand the 7 percent solution isn't going to solve the problem in Cook County, actually, it's going to just shift the burden, but we need to do this now and we ought to pledge to fix the school funding formula so we won't have to do this again three (3) years from now. But tonight I'm asking you to vote for this Bill. It's the right thing to do for your constituents."
"We have two final speakers then Representative Currie will close. Representative Molaro and Representative Boland. Representative Molaro."
"Thank you. The only thing I would ask the Majority Leader is, you know, we have to vote for this 'cause it does 09500065.doc 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 make some sense. When the last two speakers spoke, made a world of sense to me. Representative Joyce made a world of sense and so did Jack Franks. However, we do have to do this, but now, who… God only knows where we're all going to be in three (3) years from now if this thing comes back. But this will be the last time I'm voting on anything like this unless it does have some kind of an income level because when Representative Joyce talked about the average person he couldn't be more right, but it's got to be the average person not people who make five hundred thousand dollars ($500,000) a year and get this property tax break. There has to be a cap on the cap and twenty thousand dollars ($20,000) seems reasonable to me and there's got to be a way that if someone has a house and it's worth three hundred thousand ($300,000) and it goes to a million dollars ($1,000,000) in four-years and we give him a break that they're saving three, four thousand (3,000-4,000) a year on their taxes and when they sell it they make seven hundred thousand dollars ($700,000) in profit over a four (4)-year period, we should be able to give it back. I know we talked about that. We couldn't get them in this Bill and we're going to pass this Bill. But we got to let the people in Cook County know that it's not going to be coming back for three (3) years from now unless it has those changes. So, I'm asking you for an 'aye' vote from everybody in the building, so we can have help up in Cook County, but when it does come back, if it ever comes back in three (3) years, we do need those changes and those assurances. Thank you."
"The final speaker, Representative Boland." 09500065.doc 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Thank… thank you, Mr. Speaker. I stand in strong support of this Bill. I think that it's absolutely crucial that we pass this Bill. Many of us have introduced individual Bills to try to help our disabled citizens, to try to help our disabled veterans, to try to help veterans in general to deal with their property taxes. One of the most disgraceful things that we hear about from time to time is the large number of veterans who are homeless and part of that homeless population are people who actually work for a living, they have a job, but they're not able to maintain their home, not just the mortgage payments but often the property tax. This is a great step forward. If any of you are like me, I have in my office two full-time people who constantly deal with senior citizens and disabled people who come in with the Circuit Breaker, but what's most heartbreaking is when you have these individuals come in who are seniors or who are disabled by Social Security standard and yet they fail to qualify on the income level by five hundred dollars ($500) or three hundred dollars ($300) or maybe even forty dollars ($40). Now, we're able, by this Bill, we'll be able to raise that income threshold by a thousand dollars ($1,000). It's not enough, it's not near enough, and in fact one of the things I think the Governor could do, if he wants to move to universal health care, would be to expand the Circuit Breaker Program as far as the help for disabled and seniors in their pharmaceutical needs. But also, this helps all of us. Whether you're in Cook County, whether you're in the collar counties, whether you're downstate, you all, all of your citizens need that 09500065.doc 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 general tax exemption moved up from five thousand (5,000) to six thousand (6,000). Your seniors need the senior homestead exemption moved up from thirty-five hundred (3500) to four thousand (4,000). We need the new disabled homestead exemption which will give those folks, who often have bills that are out of the ordinary, a two thousand dollar ($2,000) exemption. And of course, our disabled veterans who need a homestead exemption which so many of us have been working so many years introducing Bills for. The returning veterans' one-time five thousand dollar ($5,000) exemption, in my own eyes, that should be a permanent exemption, but this is a first step to doing it. And the senior freeze, we need to extend this in the future to those disabled people, to those veterans who have given so much for our country, but in the meantime this is a good first step raising that income level up to fifty-five thousand (55,000). And lastly, I think the good thing of this Bill is that the local governments, your counties and cities, can give the surviving spouses, of fallen police, firefighters and emergency workers, a… a ta… property tax abatement. Ladies and Gentlemen, this is a win-win for everybody. We need this legislation. Please vote 'aye'."
"Representative Currie… Currie to close."
"Thank you, Speaker. Vote for a new improved 7 percent solution that will protect moderate income families. Vote to make sure seniors, families, veterans, the disabled have an opportunity to pay a reasonable property tax bill not tax bills that are going to send them from their homes. Please vote 'aye' on Senate Bill 13." 09500065.doc 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Ladies and Gentlemen, there's been a request by Representative Tryon for a verification on the vote. So, staff please retire to the back of the chamber, Members please vote your own switch. The voting is open. All those in favor of this… the passage of Senate Bill 13 vote 'yes'; those opposed vote 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Representative Schmitz. Take the record. On this Bill, there's 101 Members voting 'yes', 9 Members voting 'no', 6 Members voting 'present'. This Bill, having received the Constitutional Ma… Representative Tryon, I… I think you'll…"
"Withdraw the… we'll withdraw the verification."
"…let the Roll Call stand."
"Withdraw the verification."
"Thank you, Representative. Mr. Clerk, take the record. 101 voting 'yes', 0… 9 voting 'no', 6 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Ladies and Gentlemen, the last Bill of the morning so far will be Senate Bill 194. Read the Bill, Mr. Clerk."
"Senate Bill 194, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"The Chair recognizes the Representative from Montgomery, Representative Gary Hannig."
"Yes. Thank you, Mr. Speaker, Members of the House. The Amendment is the budget implementation language that we need for the education part of the budget. I… So, what it does is four (4) things: first of all, it provides for the 09500065.doc 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 transitional assistance for schools which means that no public school will receive less money than in '07, it changes the pupil foundation level from fifty-three thirty- four (5334) to fifty-seven twenty-one (5721) a three hundred and eighty-seven dollar ($387) increase. It has the hold harmless for poverty grants and it incorporates the provision of the original underlying Bill which dealt with the transitional assistance, I think, in Representative Jerry Mitchell's district. So, those are the four (4) items that it does. I'd be happy to answer any questions and ask for your 'yes' vote."
Speaker Lyons: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."
"Thank you very much. Will the Sponsor yield?"
"Indicates he will."
"Representative, would you just very quickly, I know that the hour is growing late. You mentioned that there was in here some transitional assistance for, I believe, it's Ashton-Franklin District. Is that correct?"
"That's correct, Representative."
"And this takes care of a problem that occurred there when a reorganization took place and they were not eligible for some incentive money?"
"That's correct, yes."
"And this kind of corrects that and makes that incentive money possible for them?"
"Yes."
"And again, I just want to make sure true and alternative money is very important in my area, I know it is in yours, 09500065.doc 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 there's nothing in this legislation that changes the current distribution of that money? No language in there. We didn’t get a chance to read it all. I just want to put it on the record that there is no change."
"No change, that's correct."
"Okay. Thank you very much."
"Seeing no other questions, Representative Hannig to close."
"I just ask for a 'yes' vote."
"The question is, 'Should Senate Bill 194 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take your record. On this Bill, there are 69 Members voting 'yes', 48 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Franks, for what purpose do you rise?"
"For an announcement. State Government, tomorrow, will meet at 10… 10:30 instead of 10:00. We've only got one Bill and I've spoken to the Sponsor."
"Ladies and Gentlemen, a Calendar was… a schedule for committee meetings has been handed out. The Clerk, if you would read through that."
"Committee announcements. Today, later today, this morning, 8:30 a.m. Telecom Rewrite is in Room 114. At 8:30 a.m. Mass Transit is in Room 118. At 9 a.m. Adoption Reform is in Room C-1. At 9 a.m. Elections & Campaign is in Room 122B, Insurance is in Room D-1, Revenue is in Room 115. At 9:30 JudII is in Room 122B. At 10 a.m. Local Government 09500065.doc 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 is in C-1, Transportation in 114, Environmental Health in Room 122B, State Government in Room 115, Human Services in Room D-1 and Executive in Room 118."
"Representative Tryon, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. On Senate Bill 1201, which was the CMAP Bill, inadvertently was recorded the wrong way. I wish to switch my vote from a 'no' to a 'yes'."
Speaker Lyons: "The Journal will so reflect. Ladies and Gentlemen, seeing no further business to come to the House this morning, we will adjourn until the hour… no, we will recess… we will recess, excuse me. We will recess to the hour of 11:00 later this morning. So, sleep fast, see you later this morning. Representative Mathias."
"Could the record reflect that on Senate Bill 194 I inadvertently pressed the 'yes' button when I wanted to press the 'no' button."
"The Journal will so reflect, Representative."
"Thank you."
Speaker Lyons: "…10 a.m. tomorrow morning. Thank you, everybody."
"House Perfunctory Session will come to order. Referred to the House Committee on Rules is Senate Joint Resolution 53, offered by Representative John Bradley."
"The House will reconvene. We have a… we have a gentleman here who's going… who was scheduled to do the prayer and so we're going to proceed along those lines. And so, Members and guests are asked to refrain from starting their laptops, turn off all cell phones and pagers, and rise 09500065.doc 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 for the invocation. We shall be led in prayer today by Reverend Mark Johnson who is the pastor of Calvary Temple Church in Springfield. Reverend Johnson is the guest of Representative Brauer."
"Let's pray. Father in heaven, we thank You for Your goodness to us. We thank You for the great freedoms that we enjoy in this country that we live in. I thank You, Lord, again for every Leader that stands in this place today. We pray, Lord, that You would lead them and direct them not to what is good but to what is best for the people of this state, for the people who have needs in our communities. But we're so grateful that for this opportunity to be used, to be servants to people and let that stay at the center of our heart and the center of our minds in all that we do and let Your spirit… We ask for Your spirit to bring our differences together in the unity that only Your spirit can bring. In thinking and desires and vision, we pray. We ask for all those things, Lord, in Jesus' name. Amen."
"Okay. So, we've already done the Pledge. Want to do it again? Representative Stephens, why don't 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: "And we've already taken a Roll Call for Attendance earlier in the day, so. Mr. Clerk, read the Committee Reports." 09500065.doc 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
Clerk Mahoney: "Committee Reports. Representative May, Chairperson from the Committee on Environmental Health, to which the following measure/s was/were referred, action taken on May 31, 2007, reported the same back with the following recommendation/s: 'recommends be adopted' is Floor Amendment #2 to Senate Bill 184. Representative Chapa LaVia, Chairperson from the Committee on Local Government, to which the following measure/s was/were referred, action taken on May 31, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' is Senate Bill 834; 'do pass as amended Short Debate' is Senate Bill 833; 'recommends be adopted' is a Motion to Concur with Floor Amendment #1 to House Bill 405. Representative Jakobsson, Chairperson from the Committee on Human Services, to which the following measure/s was/were referred, action taken on May 31, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' Senate Bill 829; 'recommends be adopted' a Motion to Concur on Senate Amendment #2 to House Bill 1775. Representative Burke, Chairperson from the Committee on Executive, to which the following measure/s was/were referred, action taken on May 31, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' is Senate Bill 1011; 'recommends be adopted' is Floor Amendment #1 to Senate Bill 1481. Representative Hamos, Chairperson from the Committee on Mass Transit, to which the following measure/s was/were referred, action taken on May 31, 2007, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendments 1 and 2 to Senate 09500065.doc 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 Bill 572. Representative Feigenholtz, Chairperson from the Committee on Adoption Reform, to which the following measure/s was/were referred, action taken on May 31, 2007, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' is Senate Bill 68. Representative Molaro, Chairperson from the Committee on Judiciary II-Criminal Law, to which the following measure/s was/were referred, action taken on May 31, 2007, reported the same back with the following recommendation/s: 'recommends be adopted' is a Motion to Concur on Senate Amendment #1 to House Bill 977. Representative Nekritz, Chairperson from the Committee on Elections & Campaign Reform, to which the following measure/s was/were referred, action taken on May 31, 2007, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' is Senate Bill 996. Representative Yarbrough, Chairperson from the Committee on Insurance, to which the following measure/s was/were referred, action taken on May 31, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' is Senate Bill 484, and Senate Bill 873. Representative John Bradley, Chairperson from the Committee on Revenue, to which the following measure/s was/were referred, action taken on May 31, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' Senate Bill 17 and Senate Bill 796. Representative Brosnahan, Chairperson from the Committee on Telecommunications, to which the following measure/s was/were referred, action taken on May 31, 2007, reported the same back with the following recommendation/s: 09500065.doc 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 'recommends be adopted' is Floor Amendment #3 to Senate Bill 678. Representative Hoffman, Chairperson from the Committee on Transportation & Motor Vehicles, to which the following measure/s was/were referred, action taken on May 31, 2007, reported the same back with the following recommendation/s: 'recommends be adopted' Senate Joint Resolution 47. Representative Franks, Chairperson from the Committee on State Government Administration, to which the following measure/s was/were referred, action taken on May 31, 2007, reported the same back with the following recommendation/s: 'recommends be adopted' House Joint Resolution 70, Floor Amendment #1 to Senate Bill 1568. Representative Beiser, Chairperson from the Committee on DCFS Oversight, to which the following measure/s was/were referred, action taken on May 31, 2007, reported the same back with the following recommendation/s: 'recommends be adopted' is a Motion to Concur in Senate Amendment #1 to House Bill 616. Referred to the House Committee on Rules is House Resolution 495, offered by Representative Mitchell, House Resolution 503, offered by Representative Schmitz and House Joint Resolution 71, offered by Representative Golar. Introduction and reading of House Bills-First Reading. House Bill 4110, offered by Representative Cross, a Bill for an Act concerning appropriations."
"Representative Currie… Representative Currie. Representative Currie on page 11 of the Calendar is Senate Bill 1453. Would you like us to read that Bill? Mr. Clerk, read the Bill." 09500065.doc 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Senate Bill 1453, a Bill for an Act concerning local government. Third Reading of this Senate Bill."
"The Lady from Cook, Representative Currie."
"Thank you, Speaker and Members of the House. This is a measure that would reform and update the powers of Public Building Commissions throughout the State of Illinois. It's been quite a long time since there were changes to that general Act and one of the important things is that this Bill would increase the amounts that people can be paid if they are displaced by buildings organized through the PBCs. For example, under… under current law those limits are quite low, but where… whereas under this Bill, we would provide dollar amounts that are closer to what the Federal Government pays and reflect today's costs not those of twenty-five (25) or thirty (30) years ago. It also changes the… the level for competitive bids, it would retain the requirement that proposals for bids be published in newspapers once a week for three (3) weeks and it would also, in emergency situations, gives the Public Building Commission the opportunity to contract on short demand and as long as those bids would be open for public inspection not just 48 hours, but going forward as long as anyone would be interested into… in seeing it. We also make some technical changes; for example, today there have to be two (2) duplicate original contracts. In an age of electronics and computers and the Internet that requirement does not seem to be useful. So, I'd be happy to take your questions and I'd appreciate your support for this reform and updating of the Public Building Commission Act." 09500065.doc 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"This is on the Order of Short Debate. Does anyone stand in response? 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 Soto and Acevedo, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 82 voting 'yes' and 32 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 15 in the Calendar, under the Order of Senate Bills-Second Reading, is Senate Bill 336. Mr. Clerk, read the Bill."
"Senate Bill 336, a Bill for an Act concerning finance has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendments 2 and 3, offered by Representative Turner, have both been approved for consideration."
"So, Representative Turner on Amendment #2."
"I think we want to withdraw Amendment #2."
Speaker Hannig: "Okay. So, #2 is withdrawn. And now, Representative Turner on Amendment #3."
"Thank you, Mr. Speaker. Ladies and Gentlemen, Amendment #3 simply takes out the cost of… the Consumer Price Index which was in Amendment #2 dealing with the Minority in Business Enterprise Act. This is a piece of legislation that is designed to help the Illinois Housing Development Authority in regards to them being able to do business. It cuts down the period of time that's needed ordinarily for procurement that, in terms of them doing 09500065.doc 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 their work, it needs to go from ten (10) years to twenty (20) years. And I move for the adoption of Amendment #3."
"Is there any discussion? All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. And the Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Mr. Clerk, read the Bill."
"Senate Bill 336, a Bill for an Act concerning finance. Third Reading of this Senate Bill."
"Representative Turner."
"Thank you, Ladies and Gentlemen. I think I just described the Bill when I talked about Amendment #3. Primarily, it's a Bill to help the Illinois Housing Development Authority in regards to their ability to refinance and do the insurance for their deals. And it also deals with the Procurement Code in terms of redefining the definition as to who qualifies expanding the ability for minorities to participate in the procurement. And I move for the adoption of Senate Bill 336."
"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 Mitchell and Lyons, 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 Turner, for what reason do you rise? Are you 09500065.doc 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 seeking recognition, Representative Turner? No. Okay. On page 8 of the Calendar, under the Order of Senate Bills- Third Reading, is Senate Bill 543. Now, Representative Smith, could you handle that for Representative Graham, who's excused? Could you handle that Bill, Mr. Smith? So, Mr. Clerk, read the Bill."
"Senate Bill 543, a Bill for an Act regarding schools. Third Reading of this Senate Bill."
Speaker Hannig: "So, Representative Graham is excused, so Representative Smith, could you handle the Bill?"
"Yes."
"Proceed."
"Thank you, Mr. Speaker, Ladies and Gentlemen. I'm pleased to do this on behalf of Representative Graham. This is an issue that would… is important to her and in her district. It would amend the School Code to require parents or custodians of children under the age of seven (7) or seventeen (17) to be enrolled in grades kindergarten through 12 in a public school. This is not mandatory attendance. Currently, the district requirement only applies to first grade through twelfth. The compulsory school age is from at age seven (7) and that doesn't change, but this simply would apply to those who enroll their children in kin… in public kindergarten. Be happy to answer any questions."
"This is on the Order of Short Debate. And in response, the Gentleman from Crawford, Representative Eddy."
"Thank you very much, Mr. Speaker. Would the Sponsor yield?"
"…cates he'll yield." 09500065.doc 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Representative, I want to make sure that we understand the intent here. And I'm going to read existing law regarding the age… compulsory age of attendance. Currently, the law says ‘any person having custody or control of a child who's below the age of seven (7) years or is seventeen (17) years of age or above and who is enrolled in any grade, first through twelfth in the public schools, shall cause him to attend the public school’. All this does is change the grade level from first grade to kindergarten."
"That's right."
"It does not change the compulsory age of attendance in any way, shape or manner."
"That is correct, right."
"So, if you enroll your child in kindergarten… if you enrolled him, you don't have to, then that child is supposed to attend."
"That's right, that's right."
"Okay. Mr. Speaker, to the Bill. I… I understand there's some concern about the potential of this type of an approach imposing on the compulsory age of a student entering school. This Bill does not do that. This Bill simply says if you choose to enroll your child in kindergarten, the child needs to attend. It really could help average daily attendance by strongly supporting attendance with enrollment. And I believe that it could be used as a tool to help encourage parents to require their child to be there and not simply take up a space that sometimes isn't used consistently because there isn't some time of com… compulsory attendance. So, I understand the concerns about this, on the one hand; 09500065.doc 31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 however, on the other hand this is not compulsory, this is simply a tool that can be used by school districts to encourage attendance and I would urge everyone to support this legislation and support attendance in school districts and ADA. Thank you."
"Any further discussion? Then the question is, 'Shall this Bill pass?' Excuse me. Representative Black, just made the… made the…"
"I'm sorry."
"…target."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Indicates he'll yield."
"Let me follow-up on some points. I was listening to Representative Eddy and I… I think I'm in 99 percent agreement with him, but what if you enroll your child in kindergarten and find out that he or she, after four (4), five (5), six (6) weeks, you begin to discover that he or she is not emotionally prepared and you have ex… and you have a conference with school officials and they recommend that perhaps your child is not ready for kindergarten. I assume you would be given the option then without penalty of any kind to say, well, you know, I think you better take your child out of kindergarten and try again later or whatever."
"Yes. Thank you, Representative Black, that's a good question. And I don't necessarily know the answer, but superintendent, Representative Eddy was nodding his head, so I… I think maybe that's the case." 09500065.doc 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Fine."
"You're not compelled to enroll your child in kindergarten. If for some reason they're not adjusting well, I think you certainly have that option and wouldn't be penalized under this."
"Well, I know you're not compelled to enroll, but if you do enroll and it just doesn't work out for any number of reasons, educational readiness, emotional readiness, there's nothing in this law that says the school is going to tell the parent, hey, wait a minute, you… you can't take the child out. You enrolled him and we'll work through this."
"No, there's nothing in this legislation that says that."
"All right. Thank you very much."
"Thank you."
"We're going to put this on Standard Debate for further debate. And Representative Dugan, you're recognized for 5 minutes."
"Thank you, Speaker. Will the Sponsor yield?"
"Indicates he'll yield."
"No."
"Thank you, Representative. I… I believe in certainly the last question that was brought up. I believe in committee we discussed the fact because there was some concern to make sure that a parent could go in and it certainly… the legislation allows any parent to withdraw. There's just that they have to fill out the paperwork at the school. So, the school cannot say they can't, but there is actual paperwork and everyone agrees they'll just fill it 09500065.doc 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 out and then they'll be able to withdraw. So, I just wanted to clarify that 'cause I…"
"Right."
"…know what was discussed in committee. So, it is certainly Representative Graham and in what she's trying to do. And this is something that I think is very important because a lot of times children are ready to go into kindergarten and parents make that decision and this is a decision of the parents and… and then they should be able to understand it. If they do register their child, then their child should be attending and I think it's a very good Bill. So, I certainly would also ask for a 'yes' vote."
"Representative McCarthy."
"Thank you, Mr. Speaker. And Representative… Will the Gentleman yield?"
"Spons… Sponsor will yield."
"Representative, our analysis and I'm just trying to read the real text here, but it states that the person in kindergarten… right now it's grade one through grade twelve… must attend a public school in their district. And now, it's adding kindergarten into that and I just put up the full text and it says, unless you're excused under certain Sections. So, I would assume that if you go to a private kindergarten somewhere outside the geographic area of your district, I mean, this isn't trying to say that you have no choice you have to attend the public school kindergarten?"
"No. You're absolutely right."
"I mean, such is that it…"
"That's… that's not part of this, no." 09500065.doc 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Okay. So, the Sections that are listed there that I, you know, unfortunately, you just read very quickly, they do make exemptions for those who want to go to a private kindergarten either in their district or outside their district then they don't have to attend the public school in that district."
"That's right."
"Okay."
"That's right."
"Thank you very much."
"Representative Smith to close."
"Thank you, Mr. Speaker. I would refer to Representative Eddy's comments. I think he did a much better job explaining the Bill actually than I did. This is… is not compulsory attendance in kindergarten. This is simply saying if you choose to send your children to kindergarten, then they must actually attend and for our public schools, I think this would be a tremendous benefit as Representative Eddy said in terms of their average daily attendance which as we all know affects ultimately the amount of state assistance they receive. So, I would ask for your favorable vote for this legislation and for Representative Graham."
"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 and Patterson and McAuliffe, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 84 voting 'yes' and 31 voting 'no'. And this Bill, 09500065.doc 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 having received a Constitutional Majority, is hereby declared passed. On page 28 of the Calendar, under the Order of Resolutions, is Resolution 471. Representative Pihos."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Today I ask you to listen to a story of a very special young man, Reid Colliander, who is here today with his family and friends to be honored. I know that Reid feels privileged to have all these people by his side and I would like Reid and his friends and family, who are in the balcony to my right, to stand. I have offered House Resolution 471 in honor of Reid, because it is far too long to read because I've included his entire special story, but I'm going to take a few minutes to summarize what I know of this wonderful young man. When Reid, now 11 and a fifth grader at Churchill Elementary School in Glen Ellyn, Illinois, started first grade his very astute teachers, which should prove to all of us just how important teachers are. Denise Cassidy suspected that her student had a neurological problem and urged his family to pursue a diagnosis. It turned out to be a tumor in the back of Reid's brain that was as big as a golf ball. He underwent a 7 hour surgery at the Falk Brain Tumor Clinic at Children's Memorial Hospital and then underwent three and a half years of physical, vision and occupational therapy. He had to relearn everything he ever knew with the help of his special education teacher, Mrs. Linkman and the special education team, again, proving special education is very important and his classroom teacher Mrs. Cassidy, he made great progress. 09500065.doc 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 The good news is that Reid will be entering sixth grade at Hadley Middle School in September doing grade level work because of his hard work and determination. Though he still faces obstacles, his courage will always see him through. Through all their years of challenges amazing people from Glen Ellyn, the community where the Collianders live and often refer to it as Mayberry, provided endless and unrelenting to support in every imaginable way, day after day. But Reid learned a great lesson about life that very few people practice. When life gives you a lemon, take it and make lemonade. Reid's parents explained to him that now that he was better it was time for him to serve rather than be served. That's when Reid, in 2005, decided to set up a lemonade stand and ask for donations to benefit brain tumor research at Children's Memorial Hospital. Reid's Lemon-Aid, spelled aid, is a no-frills charity. The table comes from Cosco, an artistic friend drew the banner and the lemonade is made from the cheapest powder on sale. The stand does not charge for the lemonade, passersby just make a donation and with the help of many baseball teammates and classmates and after five events, they started by raising nine thousand dollars ($9,000), then Reid decided that wasn't enough and he was going to reach for the stars. He set his goal for fundraising at one million dollars ($1,000,000). The next step toward this goal was organizing Reid's Ride, a family- friendly 5K bike ride through the streets of Glen Ellyn. Because of his physical difficulties, riding a bicycle is challenging for Reid, but he didn't let that stop him. Many people joined him and they have now put Reid closer to his 09500065.doc 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 one million dollar ($1,000,000) goal. And though the bikes may be put away, the money continues to roll in. Even more amazing than the monetary target is the dedication of Reid's friends who joined him in every possible way to staff the fundraising events, seeking donations and carrying the message forward. The children have learned a great civic lesson in life by standing and speaking for a cause they passionately believe in because of their friend Reid. They all should be so proud of what they have accomplished and they have truly learned what the spirit of generosity means. So, today, they're all here. Let me start out by having Reid, once again, wave to the audience and I would like to do… introduce the people that have joined them: Tommy, Andrea and Christine Burlen, Faith Vishaw, Andy and Molly Conroy, Lou Stilmass, Eric and Rachel Farley, Brad, Megan and Beth Fawcett, Leo Gastel, Max Montgomery, Blake, Ryan and Beth Maroney, Nolan and Brad Stockman, Drew, Allison and Katie Voge, Ella Zurosky, Reid's brothers, Rant and Dane Colliander and of course, Reid's devoted parents, Kathy and Ken Colliander. And thank you for giving them a warm Springfield welcome."
"All in favor of the Lady's Resolution say 'aye'; opposed 'nay'. The 'ayes' have it. And the Resolution is adopted. We're going to go to page 10 of the Calendar, under Senate Bills-Third Reading, and Representative Sacia, you have Senate Bill 1260. We're going to start there and move on… on the list. So, Rep… Mr. Clerk, read the Bill." 09500065.doc 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Senate Bill 1260, a Bill for an Act concerning courts. Third Reading of this Senate Bill."
"Representative Sacia."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, many of you supported a Bill getting out of here last year which was signed into law by the Governor which created new funding for squad cars. There was a drafting error and we left out, basically, six (6) words or a similar provision of a local ordinance. In other words, if a police officer writes the violation on a city ordinance, the way the Bill currently is or the law currently is, it will not include the local ordinance. This is simply a Bill to include the local ordinance. I ask for your support and I'd be happy to answer any questions."
"This Bill's 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… Mr. Clerk, take the record. On this question, there are 112 voting 'yes' and 4 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read Senate Bill 1261."
"Senate Bill 1261, a Bill for an Act concerning revenue. Third Reading of this Senate Bill."
"…pres …Representative Mautino."
"Thank you, Speaker. Senate Bill 1261 is an initiative of the Illinois County Treasurer's Association, has been amended by Amendment 2 and I wanted to thank Representative 09500065.doc 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 Fortner for his work on that. And it… it removes the authority that county boards declare the office of county tax collector vacant. It leaves that within the court. It doesn't… it leaves it at that venue and it sets them equal with the rest of the county officers, that's as far as removal of office… removal from office. It takes politics out of the process and ensures that there is a valid way to replace a… an assessor… a treasurer who does not get the billings out on time. And with that, I'd be happy to answer any questions and ask for an 'aye' vote."
"This is on Short Debate. And in response, the Gentleman from DuPage, Representative Meyer."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"Indicates he'll yield."
"Representative, are there any opponents on this?"
"The… In committee, the Metro counties came up and they had said that they were opposed, very minimal opposition, to it out of their list of fifty (50) Bills they were tracking. This fell in as forty-nine (49) or fifty (50). They were worked with on the Amendments that Representative Fortner had for Amendment #2."
"Okay. I believe that their comment was that they oppose this Bill because it reduces existing authority of a county board. Do you know… does that concern still continue to be one of theirs?"
"I talked to… to, I believe, it was Mr. Kolkmeier after it. He said they… it was not one of their big issues. They put it out there and I don't know that that's changed."
"Floor Amendment #1, that was adopted?" 09500065.doc 40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"No. We withdrew that Amendment and that was drafted originally by Representative Fortner. When the tre… he met with the Treasurers Association, they agreed that that wasn't the proper route for it, so they came back with Amendment #2 which provides that the preliminary evidence presented in each case must show that the temporary collector should be appointed before the board shall be allowed to do so and then the board goes ahead and makes that appointment."
"The reason why I asked the question is that my notes indicate that if Floor Amendment #1 was adopted then the Metro colony… counties would be neutral and that was not the case evidently, so Floor Amendment #2… How does that differ from Floor Amendment #1… what was proposed in Floor Amendment 1?"
"The… Amendment #1 provided that when the courts presented with a suit to remove the county collector, the county board may appoint a temporary collector as long as the court consents. So, it achieves the same goal, but it's language that was then agreed… They agreed that the language was better. Welcome back, Milt."
"Representative, I don't want to belabor the point if, in fact, Amendment #2 satisfies the same concern that was satisfied by Amendment #1. Well, then, I just wanted to make sure that was pointed out…"
"With the lang…"
"…for our Members." 09500065.doc 41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Well, thank you very much. I appreciate that and this also sets the treasurers now on the exact same footing as every other countywide elected official."
"Thank you. Then I don't stand in opposition."
"Thank you very much, Jim."
"Representative Fortner."
"Thank you, Mr. Speaker. And to the Bill. I want to address the concern that was raised. I did speak with Metro counties after doing both the first and the second Amendment as the Sponsor indicated. And their concern was in the principal of making sure that the county board had the appropriate appointing authority when there needed appointments to be made. That's addressed in Amendment 2 as well. The first Amendment had some problems, didn't quite solve the treasurer's problem that's why Floor Amendment 2 was brought in. And I think with Floor Amendment 2 we've solved both problems of making sure that there's not an abuse against the collector's position, but at the same time recognizing if there really is a problem there's a mechanism both through the courts and with the role for the county board to address that problem. And I would urge an 'aye' vote."
"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 Meyer, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 115 voting 'yes' and 1 voting 'no'. And this Bill, having 09500065.doc 42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 received a Constitutional Majority, is hereby declared passed. Representative Hoffman on Senate Bill 1265. Out of the record. Representative Hamos on Senate Bill 1296. Representative Hamos, do you wish us to read this Bill? Out of the record. On page 11 of the Calendar, Representative Holbrook, you have Senate Bill 1299. Mr. Clerk, read the Bill."
"Senate Bill 1299, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
"Representative Holbrook."
"Can I ask the Chair, isn't there a Floor Amendment that's been put out to the floor, #3 or 4 on this one?"
"Okay. Let's… let's ask the Clerk. Mr. Clerk, what is the status of the Amendments?"
"Committee Amendment #1 was adopted and Floor Amendment #2 has been adopted to the Bill. No Amendments have been filed."
"Why don't we just hold on to this a minute 'til we talk to staff."
"Okay. So, we'll take it out of the record. Representative Fritchey on Senate Bill 1306. Mr. Clerk, read the Bill."
"Senate Bill 1306, a Bill for an Act concerning government. Third Reading of this Senate Bill."
Speaker Hannig: "The Gentleman from Cook, Representative Fritchey."
"Thank you, Speaker, Members of the Body. What this simply does is take care of an oversight that did not have a definition of the term 'judge' in the Oath and Affirmations 09500065.doc 43 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 Act. It is an initiative of the Illinois Judges Association, the Chicago Bar Association. There is no opposition to the Bill."
"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? Representative Davis, do you wish to be recorded? Will Davis. Mr. Clerk, take the record. On this question, there are 116 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Holbrook, you have Senate Bill 1317. Mr. Clerk, read the Bill."
"Senate Bill 1317, a Bill for an Act concerning State Government. Third Reading of this Senate Bill."
"Representative Holbrook."
"Thank you, Speaker. Senate Bill 1317 allows the Illinois Finance Authority to process applications for financing and refinancing for out-of-state projects that have direct connections to Illinois that would enhance the business in Illinois. I know of no opposition to the Bill. And it passed out of the Senate unanimously and passed out of our committee unanimously. Be glad to take any questions."
"This is on Short Debate. Does anyone stand in response? The Gentleman from Vermilion, Representative Black." 09500065.doc 44 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Indicates he'll yield."
"Representative, my committee sheet indicates that this did not get out of committee unanimously."
"Let me update on that."
"All right."
"You're absolutely right, Mr. Black. It came out of the Senate unanimously, but not out of our committee."
"All right."
"It came out 8-5."
"Yeah, they… And I think the committee vote was split for a… a number of reasons."
"Yes."
"Not among the least of which, I… I fail to understand why we would want the Illinois Finance Authority to finance a project that is located outside of… of Illinois. You know, I… I'm familiar with the IFA; they do good work, but I don't know that I would want the Illinois Finance Authority to finance a hospital construction project in the City of Covington, Indiana, which is only about nine (9), ten (10), eleven (11) miles from… from our current hospital in Danville. I mean, this just doesn't appear to make good fiscal sense to me. Why… why would we want the Illinois Finance Authority to be able to finance projects that… that are not located in the State of Illinois?"
"Well, Representative Black, it's my understanding these would have to have a direct relationship where they were going to increase economic growth, trade, employment, 09500065.doc 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 access to health care and housing to our Illinois residents."
"Well, how… how would… how would financing something in the State of Indiana be of any financial benefit to people who live in my district in Illinois?"
"Well, they may have a business here and they need to do something there as part of their bonding of their overall logistics program for distribution."
"I… I would think that we would want our economic development officials to try and convince that business to locate their distribution facility in… in Illinois not help them build something in Indiana or Wisconsin or Missouri or… or Kentucky. It just doesn't make sense to me why we'd want to use the Illinois Finance Authority to finance a project in another state."
"Well, if it would benefit a business that… a part of their business here in Illinois or to directly be an aid to us here in Illinois. That was the purpose of it especially in some of the agribusiness or manufacturing. I… I… You know, the Illinois Finance Authority is a self-funded entity that’s day-to-day operations operate without any appropriations whatsoever from the Illinois General Assembly. We just give them the authority, so if they see a project that's something may be aided by doing some ancillary function in another state we're the central bonding for it then at that point. That is they won't have to go to some other bonding source maybe to put in that facility that's taking care of the refrigerated portion of their product…" 09500065.doc 46 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Yeah."
"…or maybe the storage of something, but…"
"All right. I understand and I've seen the Illinois Finance Authority do some… some very good work. But at some point even their ability to bond and finance and loan money is not inexhaustible and I know we don't appropriate the money. Mr. Speaker, to the Bill."
"To the Bill."
"I… I believe there's only one (1) or two (2) states that allow this. Colorado being one and I don't know… I guess I'm more sensitive to it because I live in a border. I think the Illinois Finance Authority should use its financing ability to construct or help construct projects: factories, hospitals, whatever in the State of Illinois, not the State of Indiana or Ohio or Wisconsin. And I come from a district where economic development and the retention of jobs or the attraction of jobs is on everybody's mind regardless of political affiliation. I… I don't want to answers questions that I know I would get if the local press reported that the Illinois Finance Authority was helping a distribution center quadruple their space…"
"Representative, could you bring your remarks to a close, please?"
"All right. Thank you, Mr. Speaker. I… I don't want to answer my constituents' questions about a newspaper story that would say, the Illinois Finance Authority is helping Sigma Corporation double their distribution space and frozen food storage at a facility in Indianapolis, Indiana, when we have a distribution facility of Sigma in Danville, Illinois. 09500065.doc 47 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 I… I would think the people would want that money spent in Danville and Sigma would have the ability to have Indiana help them or get private financing, but I think if this Bill would become law, some of you are going to have to answer why, even there's no direct tax money involved, why would an Illinois Finance Authority be building or financing projects in other states when there seems to be more than enough need in the State of Illinois. I rise in opposition of the Bill."
"We're going to put this on Standard Debate and Representative Mulligan, you're recognized for 5 minutes."
"Thank you, Mr. Speaker. I heartedly agree with the previous speaker on this. Quite frankly, we pass Bills here in Illinois that say that state agencies must buy in Illinois even though it costs more money. It seems ludicrous to them that don't… say we're going to abuse the small amount of money we have to build facilities to encourage Illinois institutions to stay here in Illinois and you use it to go out of the state. I certainly can understand the Sponsor's desire, depending on where his district is, to fund something that may be not necessarily all in Illinois but it may help their citizens. On the other hand, this is a limited amount of money that's out there to finance projects and we should keep it within Illinois. Certainly, if we're going to buy Illinois, try to promote Illinois business, which sometimes I wonder if we've been doing that for the last few years, we shouldn't pass something like this. It's a nice try and it's a good thing to try and help his district, but I don't find it to be a 09500065.doc 48 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 sound policy. We should keep our money here in Illinois to finance our projects."
"Representative Sullivan."
"Thank you, Mr. Speaker. To the Bill. Ladies and Gentlemen, the Illinois Finance Authority, the mission of it is to foster economic development to the public and private institutions that create and retain jobs. So, the whole idea behind this authority is to create and retain jobs. The two previous speakers were right on when they say, why would we want to create and retain jobs in a different state that potentially can compete against our jobs. This is just not a good idea and I hope everyone's paying attention and look at this because this could come back and bite us. Well, I don't think anyone's paying attention. Okay. Please vote 'no'."
"Representative Holbrook to close."
"Yeah. There are other states that are doing this. In fact, most of our bordering states are. The State of Indiana, Missouri, Wisconsin, Arizona, Arkansas, Colorado, Florida, Kansas, and South Dakota have the forrad to do this now and are doing it when these financing comes even from outside their geographic area, that is, their projects are including located here in Illinois because it's part of a bigger program that they're putting together. The Illinois Finance Authority has stated that granting the Illinois Finance Authority this right for this financing ultimately benefits Illinois citizens by reducing the overall capital costs of these multistate organizations and thereby, the cost of service provided to those here in our state. I 09500065.doc 49 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 think they're a good organization. There's no public money in it and they're telling us they're missing many opportunities of development in Illinois because they can't finance some ancillary portion of a project that may actually be outside the state. Be glad to ask for an 'aye' vote."
"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Dugan, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 60 voting 'yes' and 54 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Holbrook, you have Senate Bill 1354, 1354. You wish us to read that Bill? Mr. Clerk, read the Bill."
"Senate Bill 1354, a Bill for an Act concerning revenue. Third Reading of this Senate Bill."
"Representative Holbrook."
"Thank you, Speaker. Senate Bill 1354 is exactly the same as the Bill that we've already passed out of here. It sets up a registration fee for property tax participants that's fully refundable if they show up for the program or if they come back. The purpose of the program is to allow automation to prevent collusion and problems at the tax auctions themselves. This is an ongoing problem dealing with tax agent sales for people at an auction on deciding who was identified first or last on a bid. It is refundable. The only way you would forfeit that at all is 09500065.doc 50 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 if you said you were going to be there and then weren't there or didn't substitute someone, so it's a fee. We've already passed this companion Bill over, House Bill 664, over to the Senate. And I'd be glad to take any questions."
"This is on the Order of Short Debate. Does anyone stand in response? The Lady from Cook, Representative Mulligan."
"Me? After the previous vote, I just wanted to make sure that somebody asked a question on a Bill for the simple reason that some of the people must be brain dead this morning. I'm not quite sure if one… I would yield to one of my colleagues who probably sat in that committee that would understand this Bill better, but I don't think his explanation was enough so would he please explain it one more time."
"We could go to Representative McCarthy who's asking for recognition. Representative McCarthy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he'll yield."
"Representative, is our analysis correct as far as the fee for these counties that if you're under fifty thousand (50,000), it's two hundred and fifty dollars ($250), but if you're over fifty thousand (50,000), it's five hundred dollars ($500)?"
"Correct."
"And that… that doesn't sound very drastic to you?"
"This was an initiative of the Treasurers' Association and that's the agreement they came up with. They feel that they can live within those means even though they have 09500065.doc 51 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 additional costs they're going to incur for these computers that they're buying. This is all technology they're buying and they thought in the smaller counties they would agree to that amount. So, I mean, it's an initiative of theirs and they thought that their counties could live with that."
"Okay. And the… Cook County has its own fee schedule. Is that true?"
"Cook County could have…"
"Well, this is one of the things that doesn't affect Cook County, correct?"
"Representative McCarthy, I believe it applied to all counties and… of less than three hund… less than three million (3,000,000), so you're right, it wouldn't affect them."
"Yeah. It says there's no fee right now in counties under three million (3,000,000)…"
"Correct."
"…which makes me assume there is a fee in Cook County."
"Correct."
"And so, in Cook County, whatever the fee is today, this legislation won't change that in any way?"
"Correct."
"Okay. And the Tax Purchasers Association, I see that they're neutral according to our analysis."
"Correct."
"Aren't they the people that worked out the Bill and came up with these numbers?" 09500065.doc 52 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Correct. They were… I know of no organized opposition to the Bill."
"And you know the hundred and one (101) counties, outside Cook, how many are above fifty thousand (50,000) and how many are below?"
"No, I don't, Representative McCarthy."
"Okay."
"I could find out for you."
"If you would, I'd appreciate it 'cause I would assume yours are like St. Clair and Madison and you know, Will County up by me is certainly above fifty thousand (50,000), but I just wonder how many it affects and it does seem a pretty steep increase to me that…"
"Yeah."
"…you know, that it goes from two fifty (250) to five hundred (500) and of course, we always draw a number but there is some, you know, the fact that the people that are most involved in this have no position…"
"I… I…"
"…I guess it's not that drastic. Thank you for your answers though."
"Okay."
"Representative Biggins."
"Yeah. Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he'll yield."
"Representative, the companion Bill is House Bill 664?"
"Correct."
"Can you… can you tell me what happened to that Bill?" 09500065.doc 53 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"It got over to the Senate too late to be sent to committee."
"We sent the Bill too late over there, we did?"
"I… I couldn't hear."
"They received it… they received it too late or we sent it too late? Well…"
"I guess it's all in the eye of the beholder. We probably sent it too late if… from their eyes. We think we… they didn't… they said they didn't have time to handle it, tried to get it to committee."
"And the Tax Purchasers Association, do they have a position on this Bill?"
"They're neutral on this. There's no organized opposition to it. They're… they want the… they want the ability to have fair auctions."
"And that's why I voted for it in committee too. Well, thank you very much for your answers. Thanks."
"Thank you, Bob."
"Representative Sullivan."
"Thank you, Mr… thank you, Mr. Speaker. To the Bill. I rise in support of this Bill. What this is going to do is allow counties to collect some fees for people that buy these tax warrants, if you will. Cook County does this and now we're giving authority to the rest of the counties. If you want to help counties and lower their property tax burden, vote for this Bill. All the treasurers are in support of this Bill and the tax purchasers understand that by having these automated fees it'll make the process much 09500065.doc 54 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 smoother and that's why they're not opposed. I rise in support of this piece of legislation."
"Representative Holbrook to close."
"Yes. I think this is a good government Bill. It prevents collusion at the time of the auction. This is something that's been a complaint throughout the state on how people… who was the last bidder, who's the favorite of the auctioneer, that sort of thing. And I think it really… It's refundable to these people. All they have to do is show up. They can even substitute someone. It's all for them… I think for better government and more open and fair process for people to buy these tax properties. I'd ask for an 'aye' vote."
"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Stephens, Sommers, Patterson, Meyer, Arroyo, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 62 voting 'yes' and 52 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Reboletti, you have Senate Bill 1375. No. Yes. Okay. Mr. Clerk, read the Bill."
"Senate Bill 1375, a Bill for an Act concerning civil law. Third Reading of this Senate Bill."
Speaker Hannig: "The Gentleman from DuPage, Representative Reboletti."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. What this Bill seeks to do is that it would provide 09500065.doc 55 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 that if a property is a nuisance, it's owned by a corporation and either the Illinois State Police or the state's attorney sends notice describing that property as a nuisance with the registered address for the Secretary of State's Office, there'll be a rebuttable presumption that the parties have acted with due diligence and the court may grant injunctive relief. I'd entertain any questions."
"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative… Mr. Clerk, take the record. On this question, there are 116 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Mautino, you have Senate Bill 1385. Mr. Clerk, read the Bill."
"Senate Bill 1385, a Bill for an Act concerning finance. Third Reading of this Senate Bill."
"Representative Mautino."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. 1385 is the Bill which is the Auditor General's annual Audit Expense Fund. Yesterday I took the Bill out of the record to answer a question from Mr. Black, the Gentleman from Vermilion. The question was, why the General Revenue Fund portion had increased? The answer, in fact, is as we talked about afterward is that the amount of General Revenue Funds has decreased from last year and there was just a missed note on the other side. We've gone ahead and 09500065.doc 56 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 cleared up that question. I thank the Gentleman for his patience in working with us and ask for an 'aye' vote."
"The Gentleman from Vermilion, Representative Black."
"Thank you, Mr. Speaker. Let me just return the compliment to Representative Mautino. We thank him for taking the Bill out of the record. We talked to the Auditor General. Our notes were a little bit confused and to make a long story short, the Auditor General, in fact, said that he would be the first to let us know if he had to start taking large sums of money out of the General Revenue Fund because of fund sweeps or any other item. He pointed out that this has not been the case and that he favors the Bill and we will thank Representative Mautino for letting us get that clarified and I stand in strong support of the Bill."
"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 Turner, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 116 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Mautino, you have Senate Bill 1400. Out of the record. Okay. Representative Franks, you have Senate Bill 1434. Mr. Clerk, read the Bill."
"Senate Bill 1434, a Bill for an Act concerning citizen participation. Third Reading of this Senate Bill."
"Representative Franks." 09500065.doc 57 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Thank you, Mr. Speaker. This Bill has been around for awhile. Now, Representative Feigenholtz worked on it awhile ago, Senator Obama had it as well had Senator Dillard. This year we were fortunate in that we got the parties together and there's no longer any opposition. The ACLU, the Illinois Municipal League and ITLA have… are all proponents. And what this Bill does is it codifies the standard in a 1991 U.S. Supreme Court case, the City of Columbia v. Omni Outdoor Advertising when dealing with citizens participation lawsuits. And the reason why we're putting this Bill forward is that oftentimes folks who speak out whether they're running for office or are in office are sued by people to try to get them to shut up, to try to chill their ability to speak and it's wrong and it's not what we're about. And this Bill would take away many of those abuses that we'd see. I can tell you in my county, it’d be in the Village of Richmond, there was two (2) gentlemen running for trustees who were… who won but they were sued by a developer, threatened with bankruptcy, not being able to pay their legal fees, even though the… the developer's lawsuit was thrown out on three (3) separate occasions and that would stop the type of abuse. I'd be glad to answer any questions."
"This is on Short Debate. And in response, the Gentleman from Vermilion, Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"He indicates he'll yield." 09500065.doc 58 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Representative, Representative Sacia brought a Bill up a few days ago where a constituent of his had to pay seven thousand dollars ($7,000) to get out of being named a defendant in a lawsuit because he went to a hearing and signed in…"
"Right."
"…in as an opponent and I don't recall what the project or the issue was in Representative Sacia's district. But anyway, I mentioned at the time these slap lawsuits are often used to inhibit our participation. So, the bottom line is this Bill would then make it easier for someone who is hit with one of those suits to seek immediate relief and there'd be… not name the defendant and so not to chill public participation and expression when you want to speak out against something that's going on in your district, correct?"
"Absolutely."
"All right. Great."
"It's an expedited hearing they have to do within ninety (90) days and it also shifts the burden on the plaintiff and should the plaintiff lose, they'd have to pay the defendant's attorneys fees."
"Outstanding idea. Thank you very much, Representative."
"Representative Feigenholtz."
"Thank you, Mr. Speaker. I, too, rise in support of this legislation. It is a remedy to an issue that also occurred in my legislative district a few years ago. The previous speaker, speaking on behalf of another Representative in a situation he went through, has 09500065.doc 59 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 experienced it and I believe that we really need to begin to put in these safeguards for people who speak out in pub… in public forums and are endangered by people who don't appreciate the First Amendment very much. I'd appreciate an 'aye' vote."
"Representative Mathias."
"Will the… will the Sponsor yield?"
"…cates he'll yield."
"So, Representative Franks, I just want to make sure I got this right. You're trying to make sure that people are not shut up at…"
"Right."
"…at board meetings and places like that. Is that correct?"
"Or whether they're running for office, as well."
"Right."
"Because what happened like in our area, in Richmond, these folks who were running for office were not included in the insurance that the village had and the mayor wouldn't include them."
"And so, you're doing it by shutting up the people who are trying to shut them up. Is that correct?"
"I'm not… I'm not sure I understand the question. No, I'm not saying…"
"And you're trying to shut up the people who are doing the lawsuits, right?"
"What I'm trying… I'm trying to bring some sanity to it…"
"Okay." 09500065.doc 60 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"…and if they want to fi… Anybody can file a lawsuit."
"Yes."
"Anybody with a pen can file a lawsuit."
"Representative, I'm supporting your legislation."
"Good, good."
"Any further discussion? Representative Franks to close."
"I appreciate the folks who spoke on this. And let's join the twenty-two (22) other states that have this type of legislation, so we can keep the process going and not stifle public discussion and not put a chilling effect on people who want to speak their minds. I'd certainly appreciate 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 Schmitz, Patterson, Fritchey, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 116 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read Senate Bill 1435."
"Senate Bill 1435, a Bill for an Act concerning business. Third Reading of this Senate Bill."
"Representative Mathias."
"Thank you, Mr. Speaker. This is Senate Bill 1435. Basically, what this does is it makes sure that the Secretary of State does not allow a corporation's name to be used by someone else if the corporation fails to, for 09500065.doc 61 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 example, not pay their franchise tax and they're administratively dissolved. There would be a three-year period before they could use that name again and the reason for that and actually this is Senator Hunter's Bill. I believe there was some churches in her district that… where people fraudulently took over the name finding out that the… that there was a dissolved entity, took over that name and fraudulently got… received moneys by using that name in order to obviously commit fraud because it's a different organization. This would at least give any corporation an opportunity, if they happened to be dissolved, an opportunity to reinstate their… their business without worrying that another entity takes it over, uses it for fraudulent purposes. And I ask for your 'aye' vote."
"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 and Mautino, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 116 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Reis, do you wish us to read Senate Bill 1438? Read the Bill, Mr. Clerk."
"Senate Bill 1438, a Bill for an Act concerning transportation. Third Reading of this Senate Bill."
Speaker Hannig: "The Gentleman from Jasper, Representative Reis." 09500065.doc 62 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. Senate Bill 1438 increases the time period from forty-five (45) days to ninety (90) days that the Secretary of State may defer the expiration of a driver's license of a member of the Armed Forces while they're on active duty outside the State of Illinois. The Secretary of State and the veteran groups support this legislation. I ask for your 'aye' vote."
"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 Hoffman, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 116 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Will Davis on Senate Bill 1463. Representative Davis, do you wish us to read this Bill? Shall we read this Bill, Representative? Mr… Mr. Clerk, read the Bill."
"Senate Bill 1463, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"Representative Davis." Davis, W.: "Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1462 amends the silent reflection… 1463, excuse me, amends the Silent Reflection and Student Prayer Act to require teachers to observe a period of silence with the participation of… period of silence with the participation of all students at the beginning of every school day. For 09500065.doc 63 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 the record, I'd like to say that this period is not, is not a religious exercise but simply a time for reflection as students begin their day. I'd be more than happy to answer any questions."
"This is on the Order of Short Debate. And in response, Representative Bassi."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he'll yield."
"Representative, with great respect and affection I need to ask you, is this a mandate?" Davis, W.: "Is this a mandate?"
"Yes, Sir." Davis, W.: "It does require teachers… it does require teachers to have this moment of silence at the beginning of the day but there is no…"
"So, it's ‘shall’ not ‘may’." Davis, W.: "But there is no cost. Unlike other mandates that you speak against that cost money, this does not cost money."
"In that case, even though it's a mandate and it costs… well, it does cost three (3) hours out of the school year. But it saves you from hearing the mandate list, but not from a 'no' vote. Thank you very much."
"Thank you."
"Majority Leader, Representative Currie."
"Thank you, Speaker. I rise in reluctant opposition to the Bill. The only reason I can see for requiring this silent moment is to encourage prayer in the public schools. And while in Senate debate there was no mention of that as 09500065.doc 64 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 the purpose behind this mandate, the Senate Sponsor was widely quoted in the press as saying, 'We have to pray before we begin our legislative day, so should the school children of the State of Illinois.' For as all of us know, it's been held unconstitutional to require school children to pray at the beginning at the middle or the end of any school day and for that reason I would certainly advise a 'no' or a 'present' vote."
"Representative Bost."
"Originally, I was going to ask you a few questions and ask, you know, and… and… and then say I think that time is money and money is time and therefore it is a mandate, but after the previous speaker I would support an 'aye' vote on this. And I want to support you in this as well."
"Representative Miller."
"Will the Sponsor yield?"
"He indicates he'll yield."
"Representative, what is a brief period of silence?" Davis, W.: "I don't believe the legislation speaks to a set amount of time. That would certainly be at the discretion of the teacher, but in the same manner that she is working to try to get everyone together when they come in in the morning, she's simply saying take a moment… he or she simply saying take a moment and relax, think about your school day before we begin our lesson for the day."
"Thank you. Is there any penalty if a teacher does not allow silent reflection and student prayer?" Davis, W.: "There is nothing in the Bill that speaks of a penalty against a teacher." 09500065.doc 65 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Is it possible that the teacher may yell at that child for not having a silent moment?" Davis, W.: "Well, I would think that yelling at children would be contrary to encouraging them to settle down."
"Would they have to go to the principal's office if they do not observe the silent… moment of silence?" Davis, W.: "Well, it certainly would be up to the teacher, but I don't think that she would require or make any student… any student go to the principal's office if they do not adhere to this."
"So then, would the teacher be subject to discipline if the period of silence was not given?" Davis, W: "There is nothing in the Bill that says the teacher will be punished."
"Representative, thank you for your response." Davis, W.: "Thank you."
"Representative Fritchey."
"Thank you, Speaker. Will the Sponsor yield?"
"He indicates he'll yield."
"Representative, you sound kind of sexy when you talk like that. At the risk of waking everybody up after a long night, why would we want to make this… take this from permissive to mandatory?" Davis, W.: "Well I… I really can't speak on the… the intent of the… of the Senate Sponsor of the Bill. But certainly, when I thought about this Bill I reflected on my own experiences as a young school child and how at the beginning of every day we'd come in and we're running around, we're all over the place, adrenaline’s flowing and how difficult it was 09500065.doc 66 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 sometimes for our teachers to try to get us settled down. And… and she worked very hard to do this. Now, I understand that this is asking or requiring a teacher to do that but it's nothing more than what she would already… he or she would already do in the morning to try to get the young people settled down so that they can begin their school day."
"To the Bill, folks. You know… you know… this time it's… it's easy for us to kind of… and may be necessary for us to have a little lightheartedness and frivolity. You know, the… the law, the way it's already on the books, was permissive and you know, maybe because it was permissive really didn't have much of an impact on anybody. I'm not inherently against school mandates, sometimes we need to mandate some things and that's simply it. Mandating a period of silence, though… I… I don't know what that accomplishes. It really doesn’t… and I… I don't know that it is simply not going to be… really and… and I mean this with no disrespect to teachers to schools to silence to the Sponsor, but mandating a period of silence is simply going to create a meaningless Act that folks are going to have to be in compliance with in order not to run afoul of the law. We all have Bills that we want to get done, some are more important than others and I'm not saying that there's any bad intention here, but to say that a teacher is going to have to observe a brief period of silence… you know, if we're making them do it for 2 seconds we haven't done a damn thing. If we make them do it for 5 minutes we're taking away class time. If it's somewhere in the middle, I don't 09500065.doc 67 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 know what we're doing either. You know, there's not a whole lot of substance here to argue for or against, but if we're going to start to tell folks to do something like this I think we're really overstepping our bounds. Thank you all very much."
"We've had three (3) speak in favor and three (3) speak in response. Now, there's a number who wish to speak and I could extend the debate for a couple more. So why don't we put this on Extended Debate and have two (2) more speak on each side. And Representative… Representative Lyons you're recognized."
"Sings new lyrics to the Sound of Silence".
"Representative Reis."
"I call for the previous question."
"Thank you. The question is, 'Shall the main question be put?' All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. And the main question is put. And Representative Davis to close." Davis, W.: "Thank you, Mr. Speaker. I appreciate the comments of everyone that spoke. Again, I… I still liken this to nothing that… nothing different than what a teacher essentially already does in the morning when young people come in. Yes, we're asking them to do it, but the Bill doesn't provide any penalty against a teacher that… that doesn't do it and… and I'm sure a teacher won't penalize a student if it takes that child a little longer to settle down than anyone else. So it's… to me it's nothing different than when we come into this chamber every day and we're observed… and we're asked to observe silence while we… 09500065.doc 68 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 as we look to begin our day. Nothing different than that and we have to do it, so says the Speaker. So we're asking children to do the same thing. So I ask for an 'aye' vote."
"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Eddy, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 86 voting 'yes' and 26 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Osmond, you have Senate Bill 1464. Mr. Clerk, read the Bill."
"Senate Bill 1464, a Bill for an Act concerning business. Third Reading of this Senate Bill."
"Representative Osmond."
"Thank you, Mr. Speaker. Senate Bill 1464 amends the Consumer Fraud and Deceptive Business Practice Act. Provides that no person may send marketing materials to a consumer indicating that the person is connected to the consumer's mortgage company indicating that there is a problem with the consumer's mortgage or stating that the marketing materials contained information concerning the consumer's mortgage unless the person that's sending the material is an employee or affiliated with the consumer's mortgage company. I'll be happy to answer any questions."
"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The 09500065.doc 69 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Reis, Patterson and May, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 116 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Fritchey, you have Senate Bill 1467. Okay. Mr. Clerk, read the Bill."
"Senate Bill 1467, a Bill for an Act concerning civil law. Third Reading of this Senate Bill."
Speaker Hannig: "The Gentleman from Cook, Representative Fritchey."
"Thank you, Speaker. About five (5) years ago we passed, actually legislation that I was proud to sponsor at the time, which was the Illinois Civil Rights Act of 2002. We are simply here looking to add gender as a characteristic for which a person shall not be discriminated against by any unit of state, county or local government. Presently, those limitations extend to race, color and national origin. Gender is something that should have been in this Bill beforehand, very understandably. There is no opposition to this Bill. There's a host of support for the Bill. And I think that the list of proponents should also include common sense. And I will ask for an 'aye' vote. Thank you."
"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 09500065.doc 70 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 question, there are 116 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 12 of the Calendar, under the Order of Senate Bills-Third Reading, is Senate Bill 1472. Mr. Clerk, read the Bill."
"Senate Bill 1472, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"Representative Miller."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the… of the House. Senate Bill 1472 creates the Internet Safety Education Act. I ask for a favorable vote."
"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 Soto and McGuire, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 116 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read Senate Bill 1474."
"Senate Bill 1474, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"The Majority Leader from Cook, Representative Currie."
"Thank you, Speaker and Members of the House. This is a joint initiative of the Chicago Teachers Union and the Chicago Board of Education. There are a number of schools, I believe ten (10) in number, Fresh Start schools where the idea is to kind of reorder the way we ordinarily do teacher- 09500065.doc 71 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 management-principal-student relationships. So, the point of this Bill is to say that the board and the union may agree to different kinds of evaluation of teacher success using peer evaluation, for example, and as I say, it's a joint project of both organizations and it is hoped that this will find new ways to encourage good, strong teaching in our public schools and good evaluations of the teachers who are in those classrooms with our children. I know of no opposition and I'd appreciate your support."
"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 116 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read Senate Bill 1479."
"Senate Bill 1479, a Bill for an Act concerning safety. Third Reading of this Senate Bill."
"Representative Dugan."
"Thank you, Speaker, Members of the House. Senate Bill 1479 is an initiative of IEMA and it amends the Radiation Protection Act of 1990 to deal with regulations that are identical in substance to the federal regulations. This particular piece of legislation, it did come up in committee, where some were concerned that they still didn't have to follow a procedure to make sure public notice is given before a regulation is adopted or changed. And that 09500065.doc 72 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 was confirmed by IEMA that public notice and those procedures that are in place will still stay in place. It just helps the process move quicker for regulations that need to be adopted in the state. I'll answer any questions."
"This is on Short Debate. And in response, the Gentleman from Champaign, Representative Rose."
"Thank you, Mr. Speaker. Will the Lady yield?"
"Indicates she'll yield."
"Representative, I'm just trying to figure out what ionizing radiation is and as you know, we have a particle physicist in the Body now. Perhaps we could ask Representative Neutron to illuminate all of us on what ionizing radiation is?"
"And… and that would be fine because Representative Fortner did say that he would certainly explain anything that someone would like to know about the… the radiation and I certainly would…"
"Outstanding. I… I would love to hear an explanation."
"And that would be fine."
"Representative Fortner."
"Thank you, Mr. Speaker. In response to the Member's question, ionizing radiation is that type of radiation, typically from charged particles that have electric charge, that as they pass through matter can disrupt other molecules, other atoms, and if they break up molecules that are vital to a cell, they can cause damage. That's why they are something that we regulate and we watch out for as they might be emitted 'cause of the possible health risk." 09500065.doc 73 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
Speaker Hannig: "Representative Rose, did you have further comments?"
"I just wanted to say thank you. I'm glad there will be no exam at the end of this Bill."
"Representative Will Davis." Davis, W.: "Yes, Mr. Speaker. The… two (2) speakers ago, is it safe to say that that speaker is a rocket scientist? Okay."
"Representative Fritchey."
"Thank you, Speaker. Will the Sponsor yield?"
"She indicates she'll yield."
"Representative, as you're aware, we have a Joint Committee on Administrative Rules to address rulemaking issues. Why, in theory, is it that we would exempt IEMA from having to go through the same rulemaking processes that every other state department has to?"
"Oh… Because Representative, if the regulations are identical in substance, JCAR can't change… can't change those. I mean, that's something that's already… it's a federal rule."
"That's… that's… We cannot change it. We could… we could ask for rules to be made more stringent on certain cases; we could ask for explanations or justifications for certain rules. I mean, I realize that this not only sounds like it is, you know, it's a technical Bill, but it sets a precedent of giving agencies and departments exemption from a rulemaking process that has been kind of a bedrock of this legislative and governmental process down here. And I just don't know why here, if IEMA is going to promulgate rules that are identical in substance to federal rules, they 09500065.doc 74 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 should have no concerns or reservations about bringing those rules before JCAR."
"Well… and I'm being told, Representative, that when they're identical in substance, JCAR cannot change that anyway. And so, what this particular thing does is, it's regulations that, again, are identical in substance and that they're necessary to implement, secure and maintain federal authorization for a program. It's no different than EPA. When regulations are identical in substance, EPA already… and this is the same thing that's done through the EPA in some if they’re identical in substance… so we're not saying in any way… I want to assure you, we're not saying in any way that the rulemaking process, the published notice of the rulemaking in accordance with the Illinois Administrative Procedure Act still needs to take place, they have to specifically refer to the appropriate Federal Laws. They're still… it's not that we're trying to say if they're identical in substance the public doesn't know or the people don't need to know, it just moves the process quicker so that we can get them adopted to implement them."
"I… I understand where you're trying to go. Okay. Let… let me ask you this. To the best of your knowledge, was the staff of JCAR consulted about this? And I don't mean the Legislators that sit on there, but the people that actually help administer and operate JCAR. You know, I sit on JCAR now and I guess I'm the baby of the bunch, but Representative Miller, next to me, has been there for some time now and he's not aware of this having been done before. That doesn't mean that it hasn't been, but I'm just curious, 09500065.doc 75 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 to the best of your knowledge, was this run by JCAR, because I think it sets a very troubling precedent?"
"I appreciate that, Representative, and all I can tell you was, is there… there are no… there were no opponents. IEMA, when this initiative was brought, I understand and when it went through the Senate unanimously, this is something, again, that's identical in substance and it's to just make sure that when it comes to the Radiation Protection Act that we're able to move and adopt as long as they're identical in substance. And I do believe, because it did come up in committee, that this is done and has taken place in EPA when it comes to certain regulations that need to proceed through the process and get adopted by the state."
"All right. Well, I… I won't belabor…"
"Bring your remarks to a close."
"As I was about to say, Speaker, you know, I won't belabor this anymore. People, I will just ask that you pay attention here somewhat to what we're doing. Oftentimes benign initiatives can wind up setting dangerous precedents. Thank you."
"The Lady from Cook, Representative Mulligan, for what reason do you rise?"
"I rise in support of what the Gentleman was saying. All they have to do in JCAR is promote an emergency rule. If it has to be done immediately, you can do an emergency rule and get it on the books. You don't have to bypass them completely, and who checks to see whether the rules they're passing are federal rules that they have to do right away or 09500065.doc 76 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 other rules they're getting around. The reason that process was created and should not be set aside is so that when the General Assembly is not meeting, it gives you time… or Legislators time to look at things and make sure that what's happening is proper. Nobody's not saying what they want to do is not necessary, but it's not hard to do an emergency rule that lets them do something right away and then still is given some scrutiny for the long haul. I don't think this is an appropriate thing to do and I don't know why they're asking for this authority, but I really don't think it's a good idea to do it. Now, I don't know if anybody, when the committee sat there and listened to this and couldn't get up and say a better reason or why we should do it, but being a JCAR Member I don't see a problem with them doing the emergency rule, particularly since we have a Governor that does them all the time. A lot of people do it, agencies do it. We adopted rules for All Kids by emergency rule. There's lots of ways you can do it and it can happen almost immediately. So, JCAR meets year-round, they meet once a month. I don't see why, if you know the federal rules are coming, you can't do it that way and I don't think we should pass this."
Speaker Turner: "The Gentleman from Peoria, Representative Leitch."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I, too, would add my voice to those who say that we should not approve this Bill. With all respect to the well intended Sponsor, JCAR has had a great deal of difficulty getting compliance from this 09500065.doc 77 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 administration as it relates to timely and even performing rulemaking. So, this would be a very wrong step to take and I think it's important that we defeat this Bill. Thank you."
"The Gentleman from Cook, Representative Miller, for what reason do you rise?"
"To the Bill. I would rise in opposition to the Bill based on the two previous speakers. This is, not that there's anything dubious of what they're trying to do by nature, but it does provide a slippery slope of them circumventing our agency, circumventing the JCAR process. As a Member of JCAR, in addition, I would ask Members to vote 'no'."
"The Lady from Kankakee, Representative Dugan to close."
"Thank you, Speaker. Again, I want to just make sure that it's understood as far as to what this legislation is trying to do. JCAR cannot change regulations implemented by the Federal Government that are identical in substance. So, when it goes through JCAR, it will move on because, from what I have been told and what was talked about in committee, JCAR cannot change the federally implemented regulation that's given to IEMA. I also want to make sure that it's… it's understood that for exempt, identical and substance rulemaking, IEMA still has to follow procedures as far as the public notice with the Illinois Administrative Procedure Act, they have to specifically refer to the appropriate Federal Laws, regulations or orders and they follow the format prescribed by the Secretary of State by 09500065.doc 78 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 rule. This is not something… and I certainly respect the responses of those speakers that had concerns, but this does not change what is done through identical and substance legislation. And I would ask for an 'aye' vote so we can continue to make sure regulations are adopted quickly to protect the human health, welfare and safety when it comes to the Radiation Protection Act in the State of Illinois. Thank you very much."
"And the question is, 'Shall the House pass Senate Bill 1479?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Patterson. Patterson. The Clerk shall take the record. On this question, there's 60 voting 'aye', 56 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 9 of the Calendar we have Senate Bill 767. Repre… Read the Bill, Mr. Clerk. Representative Hannig."
"Senate Bill 767, a Bill for an Act concerning State Government. Third Reading of this Senate Bill."
"The Gentleman from Montgomery, Representative Hannig."
"Yes. Thank you, Mr. Speaker and Members of the House. This Bill requires the Procurement Policy Board to maintain on its Web site a searchable database containing all information required to be included in the Illinois Procurement Bulletin. So, the posting of the procurement information on the Web site and on the online electronic bulletin must be prior to the execution of a contract or for 09500065.doc 79 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 emergency purchases within three (3) business days. So, this… this provides some sunshine on what's going on on these contracts. It passed the Senate overwhelmingly and I'd ask for your 'yes' vote."
"Seeing no questions, the question is, 'Shall the House pass Senate Bill 767?' All those in favor vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Lyons. Howard. The Clerk shall take the record. On this question, there's 116 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutionality Majority, is hereby declared passed. On page 16 of the Calendar we have Senate Bill 979. Read the Bill, Mr. Clerk. Representative, 797, 797. Read the Bill, Mr. Clerk."
"Senate Bill 797 has been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed."
"Is it… Third Reading. Read the Bill, Mr. Clerk."
"Senate Bill 797, a Bill for an Act concerning revenue. Third Reading of this Senate Bill."
"The Gentleman from Montgomery, Representative Hannig."
"Yes. Thank you, Mr. Speaker and Members of the House. This Bill is identical to House Bill 1263 which passed this House overwhelmingly, I think unanimously, and was never called… or never released from the Senate Rules Committee. It does three things: it allows for the Autoimmune Disease Research Fund to have a checkoff on the State Income Tax; it 09500065.doc 80 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 provides that all the checkoffs on the Income Tax Form must reach one hundred thousand dollars ($100,000) a year in collections or they're dropped off; and thirdly, it provides for a mechanism should we receive more than fifteen (15) checkups on… checkoffs on a fund at any given year for a way that we would regulate which ones would appear. So, that's all the Bill did… does and as I said, it passed this House in identical form earlier. I'd be happy to answer any questions."
Speaker Turner: "The Gentleman from Lake, Representative Sullivan, for what reason do you rise?"
"Thank you. Will the Speaker (sic-Sponsor) yield?"
"…cates he will."
"Representative, I… I must have missed this when it went over to the House. What funds are going to fall off or how many do we presently have and what funds are going to fall off?"
"Well, Representative, I don't think any will fall off, but what this would do is it would create a mechanism. Should we get more than fifteen (15) of these checkoffs on to a form, it would… it would have to… it would rate them based on how much money they received. And it also would provide that any fund that doesn't receive a hundred thousand dollars ($100,000) in any given year would automatically go off. That's typically the language we include. Now, in the Revenue Committee but once in a while one of these Bills floats off to another committee and it's… and it's not included. So, this would just put it in the statute and make it apply to everyone." 09500065.doc 81 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"How many checkoffs are there presently?"
"On this year's return, there were thirteen (13)."
"Okay. And can you explain how you're going to regulate it if we have any beyond fifteen (15)?"
"Yes, Representative, what we'd simply do is tell the Department of Revenue to put them in order from the highest in receipts to the lowest in receipts and then to the degree that we need to take… to the degree that we need to remove a form or someone from the form, we would take the one that received the lowest amount of money. So, if…"
"So, if everybody maintains about… let's say we get fifteen (15) and everybody maintains the hundred thousand dollar ($100,000) threshold, none would fall off so none can go back on?"
"None would come off… let's say we'd get to fifteen (15) and they all receive a hundred thousand dollars ($100,000). Okay. So far so good. As long as we don't authorize any additional ones, it continues the way it is, but if we…"
"So, if we have… if we have, say, twenty (20) authorized and all fifteen (15) continued to reach the threshold, the reality is we could never have any more go on."
"The… the reality is that as we continue to authorize these faster than they come off the form, there's a limitation on how many can go on. Now, we haven't had this problem yet, but we're simply suggesting that as time goes forward that maybe we should think ahead a little bit in this Body instead of always having to deal with this after the fact and say, okay, we're going to limit this to fifteen 09500065.doc 82 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 (15) and set up a mechanism. We'll know about how many spots are available in any given year."
"Is it… is there any mechanism to remove checkoffs by expanding the threshold maybe if, let's say, all fifteen (15) make it one year, move it up to a hundred and fifty thousand dollars ($50,000) or anything like that so we can, in essence, force some off to bring new ones in?"
"Well, Representative, I mean, if that's your idea, I would suggest that you introduce a Bill and we could… we could debate it. I'm not saying that this procedure that I've come up with… with working with the Department of Revenue is like, you know, it isn't like I was standing on a mountain and the Lord gave it to me. It's just something we worked out and there could be other solutions that could work as well, but I think that we have to understand that we can only have so many on that checkoff or on that… on that Income Tax return or otherwise…"
"Representative Sullivan, bring your remarks to a close."
"Thank you."
"Continue, Representative Hannig."
"Yeah, Representative Hannig, I bring this up because I did bring… introduce legislation last year to do this exact thing. I'm going to support your legislation 'cause I think we do have to control the amount of checkoffs, but under your legislation, when you get to fifteen (15), let's say that the wisdom of the Body creates five (5) more, now we have twenty (20). Well, those five (5) really have no chance of being on a checkoff until some of them fall off." 09500065.doc 83 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"No. It's… it's…"
"And so, what I'd like to do is someday…"
"…it's the opp… it's the opposite. The five (5) that we authorize are automatically on and then the five (5) lowest would go off."
"Well… Okay. I… I…"
"So… so, when we… so…"
"…I missed that. So, in essence, you're going to… you're going to penalize some groups that meet the mandated requirement by forcing them off when we introduce five (5) more? I…"
"We're going to… yes. So, if you and I introduce a Bill, it will have… it potentially could take someone else off, but we're…"
"Yeah."
"…but we’re going to know that up front instead of trying to deal with this on the backend."
"Okay. Well, to the Bill. I… I certainly will support this. I think there's a better way of doing it and maybe Representative Hannig and I could work on that later. Thank you."
"Well, seeing no further questions, the question is, 'Shall the House pass Senate Bill 797?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, 115 voting 'aye', 0 'noes', 1 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. 09500065.doc 84 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 Clerk, on page 11 we have Senate Bill 1327. Read the Bill, Mr. Clerk."
"Senate Bill 1327, a Bill for an Act concerning finance. Third Reading of this Senate Bill."
"The Gentleman from Montgomery, Representative Hannig."
"Yes. Thank you, Mr. Speaker and Members of the House. This deals with the Illinois Finance Authority. It does three things: it would increase their bonded authority, that is, their… their authority to issue bonds to twenty-six billion six hundred and fifty million dollars ($26,650,000,000); it would clarify that certain livestock operations that generate electricity to qualify for state guarantees and loans, and at the request, I think, of someone on the Republican side of aisle, I think Representative Krause, it defines conservation projects as something that the IFA can provide low interest loans for. So, that's what the Bill does. And I'd be happy to answer any questions. I'd ask for your 'yes' vote."
Speaker Turner: "Seeing no questions, the question is… Representative Durkin, the Gentleman from Cook, for what reason do you rise?"
"Will the Sponsor yield?"
"…cates he will."
"Representative Hannig, can you just tell me exactly what… to what level are we increasing their bond authorization?"
"Their current limit is twenty-five billion two hundred million (25,200,000,000); they have sent this Bill from the 09500065.doc 85 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 Senate at, which was the request of the agency, at twenty- eight billion seventeen million seven hundred and eleven thousand (28,017,711,000). We reduced that amount to twenty-six billion six hundred and fifty million (26,650,000,000)."
"All right. Let me just get this straight. We are increasing their bond authorization power, aren’t we? Is that what…"
"Yeah. So, they… when they issue bonds, even when the bonds are refunded, that… their… that still counts against their… their limit, so they have to come in almost every year and ask for increases and so… and we like that idea that they come back to us. And so, this would give them the bonding authority, they would say, probably not for more than six (6) or eight (8) months, but again, like I said, I think that's a good thing that they come back to us at least once a year so we can review what they're doing."
"I'm just looking at some notes. One of the things it states is that it allows the authority to provide loans for projects using anaerobic digesters to generate electricity. Now, I just ate a big plate of chicken with mashed… with the things in the back, is that something which we use to help fight digestion today or… and all kidding aside, what exactly is… are they asking for?"
"I think that they're… they're talking about agricultural operations, a chicken farm, that would somehow use the manure and convert it into electricity."
"All right. All right. Thank you very much." 09500065.doc 86 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"The Gentleman from Winnebago, Representative Winters, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield? It… Gary, it looks like we already have some unused bonding authority, it's about five billion dollars ($5,000,000,000) according to our notes. The purpose of expanding it an additional billion and a quarter (1,250,000,000) when we already have some bonding authority."
"So, it's our understanding, Representative, that even though they have some authority in the books, they have… they have a pipeline where they can show us that they would exhaust most of that authority if we don't give them some additional bonding authority in a relatively short time. And if we were a, you know, year-round Legislature, I guess we could come back at that time, but we would run the risk if we don't do this that maybe they run out of authority, you know, when we're not in Session. So, this'll get them going. They would say it's not enough, but we would say it gets them at least to the Veto Session so they can come back then."
"Is the additional authority specifically for the anaerobic digester program?"
"No, it's… that's not specifically, Representative. That was just a change that they requested so that… that… that could potentially happen then."
"Exactly, how much do you know about anaerobic digesters?"
"It's all new to me, Representative." 09500065.doc 87 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Well, let me explain that. Anaerobic means that there's no oxygen with it, so it's done in a low oxygen atmosphere. It would be a liquid manure and what you're doing is breaking down the carbon chains in the methane, a CH4, that methane then could be scrubbed to get rid of the sulphur dioxide and run through, typically, a diesel generator… a diesel engine running a generator, it's on demand so the anaerobic digester itself is a storage device. You can use the bag that stores the gas as your storage device, generate the electricity when the livestock farm would actually need it and the excess would go into the utility grid, but unfortunately they don't get paid very much. They get the avoided cost of the utility rather than the fair cost, the retail cost of the electricity. There are a number of dairy farms not just poultry farms that dairy farms that have been using this technology and it is a fairly… fairly expensive add-on to a livestock farm. So, with that lecture I'll let it go. Thank you."
"The Gentleman from Winnebago, Representative Sacia."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I… I missed the initial part of the conversation on this; however, I'm very fortunate in that in my district there are two anaerobic digesters. And if I may just briefly comment, they are both on seven hundred-cow dairy farms. Each one is producing enough electricity to fully… to create all the necessary electrical needs for a hundred and twenty-five (125) homes each. This technology is advancing almost daily. I couldn't begin to do as good a 09500065.doc 88 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 job as Representative Winters just did on the specifics and the technical nature, but any time we're doing anything for alternative energy and when we're changing plain old chicken manure to electricity, we're doin' some good stuff and we need to get behind this type of thing, get out from underneath the energy sources that we currently have, continue to study technology, continue to do good things with these anaerobic digesters and move forward. This is good… good legislation and I know Representative Hannig indicated that this money isn't necessarily going to that purpose, but there's a strong possibility that a significant part of it will. It's good legislation. I'm going to support it, Sir."
Speaker Turner: "Representative Black, the Gentleman from Vermilion, for what reason do you rise?"
"Thank you very much, Mr. Speaker. It sounds to me like all we're talkin' about is bunch of chicken salad. It proves my point. The Sponsor yield?"
"Indicates he will."
"Representative, could we amend this Bill on its face and change the name of the Illinois Finance Authority. It's no longer the Illinois Finance Authority. It can finance projects anywhere. We just passed that Bill with 60 votes. They can go over and finance a project in Indianapolis, Minneapolis, St. Paul, Paducuh, Kookamonga. It's no longer the Illinois Finance Authority. I think we need to change its name, maybe we could amend it on its face."
"Representative, this… that's not part of this Bill, so…" 09500065.doc 89 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Oh."
"…and in fact, I'm not sure what the final outcome of that other Bill will be…"
"Okay."
"…maybe the Governor will not sign it, who knows. But… but all we're asking today is for these three provisions."
"I've never seen the Governor not sign any kind of bond increase authority. The man absolutely is in love with bonds. Our bonded indebtedness has gone up from seven billion dollars ($7,000,000,000) to twenty-two billion dollars ($22,000,000,000) in four (4) years which brings me to the question, how are these bonds retired? Are they… are they… are some of them the full faith and credit of the State of Illinois?"
"No, Representative, they're not. So, basically, they make a loan to a agricultural operation just as we've… we've heard described and they pay it back and then that's how the bonds are retired."
"Well, Representative, staff indicates that some of these bonds, in case of default, may in fact be an obligation of the State of Illinois. I… And I would read that as the taxpayers of the State of Illinois. Staff tells us about a hundred and thirteen million dollars ($113,000,000) worth of those bonds are currently an obligation of the taxpayers of the State of Illinois."
"Well, it is possible, Representative, that… that some entity might default, but on the other hand, it's also an operation that grates economic development 09500065.doc 90 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 throughout the state, and I think it also generates some income from the operations…"
"Yeah."
"…of selling these bonds."
"Can the Governor unilaterally decide to use bonds from the Illinois Finance Authority for various projects that he might have an interest in?"
"Well, the Bond Authority is… is one of the stand alone kind of agencies that we have and certainly it's part of State Government and he makes appointments to the boards, but they have the criteria that they work with and so, for example, that one of the Amendments it has to do with this chicken operation is being recommended to us today because apparently the Finance Authority feels they cannot do that. So…"
"Okay."
"…so, they can only do what's authorized by law."
"Do you know whether the Illinois Finance Authority has any of the bonds that built a minor league ballpark in Marion, Illinois?"
"I don't know the answer, Representative."
"Would it be possible that the Governor could use these bonds to help construct a minor league ballpark in Marion, Illinois? He… he isn't prohibited from doing so, is he?"
"It's… if it meets the economic development criteria that's spelled out in the statute…"
"Oh, I… I…"
"…and if the Authority determines…"
"Yeah." 09500065.doc 91 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"…that it's a project that is of a high enough priority then he could, Representative and that's all I guess I could tell you."
"All right. Well, I've seen the economic development results up in my district from that ballpark in Marion. I think opening night all of the motels and we're… we're about a hundred and fifty (150) miles… all of the motels in our area were booked, I don't know, a sellout crowd, and our restaurants were full and… How about the Sparta World Shooting Complex? Didn't the Illinois Finance Authority have about seven million dollars ($7,000,000) of that construction?"
"I'm… I'm not certain, Representative, but again…"
"Yeah, it did, about six point nine million dollars ($6,900,000) in the Sparta World Shooting Complex. My… my concern is and… and I don't… I don't want to kill this, but our… our… our appetite for bonds seems to grow exponentially and while I've seen the IFA do good things, it seems that we don't have quite the…"
"Bring you remarks to a close, Representative."
"If I sell bonds, can I have longer time? No. I… It would seem that… and I know what you're doing and I know how it works and I've seen it work… but I think, Gary, perhaps we could talk at a later point or later date, there seems to be a little more oversight authority necessary to me, and I'm not picking on the Governor, any Governor I think has a little too much, power, if that's the right word or authority to direct or steer IFA bonds. And I think… I think we should have more legislative authority over some of 09500065.doc 92 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 the projects and I noticed earlier, you said that's why you make them come back rather than give them a blank check. I do appreciate that. I do have some concerns about the Bill. Thank you very much."
"Seeing no further questions, the question is, 'Shall the House pass Senate Bill 1327?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Coulson. The Rep… The Clerk shall take the record. On this question, there are 80 voting 'aye', 36 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Cook, Representative Colvin, for what reason do you rise?"
"A point of personal privilege, Mr. Speaker."
"State your point."
"Thank you, Mr. Speaker. Visiting the State's Capitol this… today is a group from both Representative Howard's district and my district on the south side of Chicago came down here courtesy of the great folks from AARP. They have a group visiting. Please give them a warm Springfield welcome."
"Welcome to Springfield. On page 8 of the Calendar we have Representative Hernandez on Senate Bill 544. Read the Bill, Mr. Clerk."
"Senate Bill 544, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
"…from Cook, Representative Hernandez." 09500065.doc 93 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Thank you, Speaker and Members of the House. Senate Bill 544 amends the Language Assistance Services Act by making the following mandatory for all health facilities, that's hospitals and nursing facilities. A health facility must adopt and review annually a policy for providing language assistance services to patients with language or communication barriers. Facilities must have a policy that provides interpreters whenever a language or communication barrier exists except where a patient chooses to use a family member or friend. It also will develop and post conspicuous locations notices that advise patients and their families of the availability of interpreters, the procedures for obtaining an interpreter and the telephone numbers to call for filing complaints concerning interpreter services problems. It will also notify the facility's employees of the language assistance services available at the facility and train them on how to make these language assistance services available to patients. I ask for your 'aye' vote."
"Representative Joe Lyons in the Chair. And… are you seeking recognition on the Bill? The Chair recognizes the Lady from Will, Representative Renee Kosel."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"Thank you. I commend you on the effort to make a hearing impaired able to communicate in medical situations; however, I received a whole bunch of phone calls and letters and there was a lot of concern and I don't know whether this was the Bill or not so maybe you can clarify it for me about having certified… certified signers at all medical 09500065.doc 94 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 consultations and so forth. So, does this Bill have anything to do with certified signers?"
"No, Representative, this is not the Bill."
"Thank you."
"The Gentleman from Cook, Representative John Fritchey."
"Thank you, Spon… Speaker. Will the Sponsor yield?"
"Indicates she will."
"Representative, a question in all seriousness. You say that a notice will be required to be posted conspicuously notifying them of the availability of translation services, correct?"
"Yes, that's correct."
"What language would that notice be posted in?"
"In their language."
"But what… And I mean this in all seriousness. I mean, their language meaning Spanish, Polish, Vietnamese."
"Well, the hospital would determine based on the population or who they've been servicing to put the lan… you know, whatever language that may be."
"And the reason I ask this is, you know, especially those of us in city districts, you know, we have some very culturally diverse areas. you know, pockets of my district, you know, may be predominantly Hispanic. I have a large Cambodian population to the north. Representative Osterman has a district that's far more diverse than mine even. So, for them to post a notice in English and Spanish when the majority of the clients coming in may, in fact, be Korean doesn't do a whole lot of good. Here, let me… I'm going to 09500065.doc 95 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 support this 'cause it's going in the right direction, but I'm just curious if any thought had been given, if there was any discussion at any time, as to this issue. This is not simply an English-Spanish issue."
"The Bill would just request that notices must include a list of the languages most commonly encountered at the facility for which the interpreter services are available."
"Well, that's… that's as… it's as good an answer as I can get on this. I appreciate that. You know, I hope that when they implement this that they actually keep that in mind. You know, it's… You know, it's… it's a… You know, this is… it's the right thing to do and it's going the right direction, we just have to make sure that we don't have people that wind up intimidated by their ignorance because the language that they speak may not be one of the ones posted on the notice and they don't know that they can get help. Thank you for hearing me out."
Speaker Lyons: "…recognizes the Gentleman from Cook, Representative Ed Acevedo."
"Will the Sponsor yield?"
"She indicates she will."
"Representative, just a follow-up on the previous speaker's question. You're not basically just saying the Spanish language so if the Polish language is the most commonly known, they would do it in Polish whether it be Chinese, Japanese, Polish, Bohemian, German?"
"That's correct, Representative."
"Okay. I just wanted to clarify that." 09500065.doc 96 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Representative Hernandez to close."
"I ask for a favorable vote."
"The question is, 'Should Senate Bill 544 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Wait, Mulligan. Rosemary Mulligan. Mr. Clerk, take the record. On this Bill, there's 116 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 19 of the Calendar, Representative Washington has Senate Bill 684. Read the Bill, Mr. Clerk."
"Senate Bill 684, the Bill has been read a third time, previously and is on the Order of Consideration Postpone."
"Representative Washington."
"Thank you, Mr. Speaker. Mr. Speaker, Senate Bill 684, let me give a little history on it. The North Shore Sanitary District is the second largest sanitary district in Illinois. It serve presently over three hundred thousand (300,000) people in Lake County and it also serve the Great Lakes Naval Training Center. The North Shore Sanitary District borders Lake Michigan which, of course, is one of our precious natural resources. We’ve had some problems, unplanned events, such as sewer ruptures and equipment failures that could probably release a lot of sewage in Lake Michigan. We definitely want to be environmentally sensitive to that area. And this Bill would grant the authority to the district a chance to kind of catch up with 09500065.doc 97 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 modern time and we want to change the name to the North Shore Water Reclamation District and also increasing the trustees pay by three thousand dollars ($3,000). This is their first pay raise in fourteen (14) years. I started off there. And establishing appropriate bonding level for trustee. I might add, if the North Shore Sanitation District hopefully become the North Shore Water Reclamation District does vote to authorize a pay increase, it should not apply to any member doing his or her current term of office and should be paid for entirely with district funds as the district receive no contributions from the state. In fact, the Illinois Environmental Protection Agency has submitted a fiscal note that this Bill would not have any fiscal impact on the Illinois EPA. And there are no opponents to this Bill. And I ask for favorable support in passage of Senate Bill 684."
"Is there any discussion? Seeing none, the question is, 'Should House… Senate Bill 684 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 67 Members voting 'yes', 49 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 8 of the Calendar, Representative Hernandez has Senate Bill 545. Read the Bill, Mr. Clerk."
"Senate Bill 545, a Bill for an Act concerning State Government. Third Reading of this Senate Bill." 09500065.doc 98 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"The Lady from Cook, Representative Hernandez."
"Thank you, Speaker. Senate Bill 545 amends the Department of Public Health powers and duties law. Requires the agency to establish a culturally competent health care demonstration program. This was discussed at a previous floor debate. And I have made changes that were requested. So, I ask for a favorable vote."
Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Rosemary Mulligan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"Representative, did you ever figure out what this is going to cost yet; what happened to the two million dollars ($2,000,000)? Is this the one that was a two million dollar ($2,000,000) tab?"
"Representative, we still have not received a… we have not gotten notice of a two million (2,000,000) cost."
"So, you think this costs nothing?"
"Representative, it's subject to appropriation."
"Do you know what that term means? It doesn't take the cost out if it's subject to appropriation. There's still a cost. This is the same argument I had with you the other day. Now, just because we are in the back having to eat off the floor and the Speaker's people notice which Bills to call because people got up and questioned them and they wait 'til people aren't on the floor because we're not here eating does not make it anymore politically correct to do what they're doing. I have nothing against your Bill, what I have against the fact is you do not recognize what it 09500065.doc 99 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 cost. We have asked you that repeatedly. We have asked you if it could be done in facilities where they're already… they already could do the study without adding extra money. You don't seem to understand that and you don't seem to want to discuss it. Now, I don't want to personally say we shouldn't do something like this. We have put money in health clinics around the Chicagoland area, outside the Chicagoland area. I have been a personal proponent of starting three separate Hispanic clinics when we needed the money that were outside Chicago. What I don't understand is how you can continually say it's either the department's problem, it's subject to appropriation, I don't know what it's going to cost, but the correlation is it cost something. I'll try and figure out how to defer the cost. It's not the Department of Public Health's problem to figure it out out of their budget. It's our problem to figure out what happens in a budget, how we spend the money, who does the contract, it's not a plumb that you take home and figure out how you're going to do it. You figure out how we're going to pay for it and this is probably the fifth time considering committee and twice on the floor that we have asked and you've come back with the same questions. And what I really resent has nothing to do with you. What I resent is that the Chair with Mr. Mapes watches who's out of the room and when they're going to call the Bill and that we can't eat inside the Body anymore so you can sit and call all your Bills at certain times when we're off the floor, and I think that's a problem. So, all I've asked for you to 09500065.doc 100 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 do is say, I will work on how the funding is, not that subject to appropriation means, it means zero."
Speaker Lyons: "The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"Thank you. Representative, you amended this Bill, correct? Floor Amendment #1 is on the Bill, correct?"
"That's correct."
"All right. Now, in that Amendment you deleted reference to sexual minorities and you replaced it with the word 'other' minorities, but I don't find 'other' minorities defined in the Amendment or the underlying Bill. Can you give me an example of what an 'other' minority would be?"
"It… that could mean including the gay and lesbian community for one."
"All right. That's just one. It's not all that you're after, but just… that would be an example…"
"Exactly."
"…of an 'other' minority?"
"Yes."
"Okay. I'm just… I'm just curious. I… I live in a smaller town. Is… is… are those two categories officially recognized somewhere as a minority? Now, I… I… honestly I don't know."
"I understand that and that yes in federal… federal level that it is recognized." 09500065.doc 101 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Okay. All right. If… I guess what I'm after is some kind of a comfort zone factor so that the health care clinic or facility will not be subject to action because they won't know how to define 'other' minorities. And so, let's say, they didn't… they didn't do something, they perhaps were less than helpful or whatever and the person who then says I am an 'other' minority; I don't like the way I was treated; I don't like the treatment modality and therefore, I'm going to sue you. And… and what I'm concerned about is that the clinic may have acted in good faith but had no idea that this was an 'other' minority. I mean, does the clinic have any kind of affirmative defense? If they're open and blatant and discriminatory, I don't have any problem with that. Obviously, they have to answer to that, but if they didn't do anything knowingly and then somebody sues them later because of a perceived or real, you know, ignoring their problem or not treating them with respect or dignity, but the clinic could say, well, we didn't… we didn't know that this person qualified as an 'other' minority. I mean, we had no idea. So, do they have any immunity in a case like that?"
"Rep… Representative, the program… it’s a demonstration program."
"Oh…"
"Basically, a training program. It's not…"
"Okay."
"…requiring them."
"All right. All right."
"Yeah." 09500065.doc 102 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Is it primarily Chicago then where you're aiming at?"
"It… it could be anywhere."
"Okay. The reason I asked… and you'll think this is silly and I'm not trying to diminish or demean what you're doing… but I've kept for a couple of years back in my office and I still have it, to show you how we can get so carried away with the word 'minority'. There was a restaurant in Chicago two (2) years ago, the owner overheard two (2) patrons talking and found out that they were Republicans and he didn't like the President so he threw them out. Honest to God, I've got the newspaper article. And when they questioned why they were being thrown out, the owner said, 'I don't like Republicans; I don't want you in my restaurant, get out.’ I know we are an endangered species, but I didn't think we were that bad. And I just want you to know, when he threw me out, I've never been so embarrassed in my life."
"Ladies and Gentlemen, this was on Short Debate and we'll extend it to Standard Debate. We've had two (2) people speak in response and one (1) person speak in favor of the Sponsor. We've got four (4) other people waiting to speak. So, will Representative… Representative Julie Hamos. In response or in support?"
"In support."
"Thank you."
"Thank you. Ladies and Gentlemen, I rise in support of this and I'm not even going to speak to the underlying Bill. What I want to speak to in response to one of the previous speakers is the process because I think we have a freshman 09500065.doc 103 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 Legislator here who obviously has become interested in an agenda which is a very useful role of State Government. She has come before us to try a demonstration project subject to appropriations. Now, this is not any different than what any of us have done in our careers when we become interested in an issue, a legitimate state policy issue, we try it out first, we make it subject to appropriation, we… we advocate to get it done, we advocate with the State Government agency, we work on it, we develop a long-term approach to it and pretty soon good things happen. There is not a single person in this room who hasn't tried a Bill exactly like this especially earlier in our careers and we don't have to know all the answers. When she was grilled earlier, to name all the facts and figures with this, she doesn't have to do that. She is an advocate for an issue and she's going to continue working on it and that's what we all do. I rise in support. Please vote 'yes'."
"Two speakers in response, two speakers in favor. Representative Lang, you're next. In response or in support?"
"Thank you. In support, Mr. Speaker. Thank you. I rise for basically the same reasons as Representative Hamos rised. But will the Sponsor yield, Mr. Speaker?"
"Indicates she will."
"Let's just make this clear so everyone understands. This is a demonstration project. Is that correct?"
"Yes. Yes, it is."
"And this is subject to appropriation. Is that correct?"
"Yes, it is." 09500065.doc 104 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"All right. And the department is going to make the rules regarding this and if they decide to do these projects, they'll find the way to pay for them. Is that correct?"
"That's correct."
"So, what do you think the problem here is, Representative? Why are these people bothering you? I don't know either."
"May 31."
"Mr. Speaker, Ladies and Gentlemen. Representative Hamos is correct. This is a good idea. The Representative hasn't come to us with some huge plan that's going to cost millions of dollars. She's comes to us with a little plan to test something out. The department will find the money, if they wish; they're not even required to do it. The department will make the rules if they wish to do the program, who does that hurt? It's a good program; it's a good idea. The Lady's trying to… something new that would benefit all of our communities, if it works out. I think it's something we oughta try. We oughta let her do what she's doing; it's painless. I recommend an 'aye' vote."
"The Chair recognizes the Gentleman from DuPage, Representative Meyer. In support of the Bill. We have room for one in response, Representative."
"Well, I don't know what I am. I had some questions, basically. I may end up voting for it, I'm not sure. Representative, what… what type of programs would this entail that we're going to… what are you doing with this? I'm… I'm still having a hard time understanding it." 09500065.doc 105 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Okay. It will put together… it will conduct small senimars… seminars, training, literature."
"Well, my… my analysis indicates it's going to be talking about culturally competent health care. What is that?"
"It's recognizing customs that the medical… medical people would not know."
"Well, I… I guess we're all products of our previous experiences and during the time that I was in my youth, that's before my white hair, I was stationed in Thailand for a year and I can remember going down through the marketplaces and along the sides of the market would be a healer, doctor, I don't know what their… the correct title was, but the point is that they would have a stand there that would have all sorts of, I'm sure in their country, would be considered good treatments for illnesses, a lot of it was all natural including snakes in a jar and just a whole lot of things I wasn't accustomed to seeing in a doctor's office. Yet, people went there to seek a treatment for their illnesses, whatever they might be, and evidently they found some relief because they kept coming back so it must have been successful. But are you talking about looking at those types of programs for people that happen to be recently immigrated to our country here? How far are we going with this?"
"That's correct. These will be folks… they're… are probably not accustomed to our medical ways, so…"
"Well, I'm not going to belabor the point, others have spoken to it. I… I guess just think as we go through this, the demonstration project, that we keep in mind the cost of 09500065.doc 106 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 it and what… where it fits within our system of medical delivery and just react to that also. Thank you for your comments."
"We've had three (3) people speak in response, three (3) people in support. Representative Hernandez to close."
"If I brought this Bill here with a dollar amount, I'd be criticized for placing further budget constraints on our state. I bring this here, subject to appropriation, so we're not forcing this on any state agency. The Department of Public Health is a proponent of this legislation though, so I'm hopeful that it will be funded. I'd also like to state that I did not bring this measure before this Body because I thought it will look good in my mail piece and that accusation is troubling to me. While I am new, I do care about the people of the state and I am trying to effect positive change. I ask for your 'aye' vote."
"The question is, 'Should Senate Bill 545 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Joe Dunn. Mr. Clerk, take the record. On this Bill, there's 106 Members voting 'yes', 9 Members voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 4 of the Calendar, Leader… page 6 of the Calendar, Leader Cross has Senate Bill 4. Read the Bill, Mr. Clerk." 09500065.doc 107 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Senate Bill 4, a Bill for an Act concerning health. Third Reading of this Senate Bill."
"Leader Tom Cross."
"Thank you, Mr. Speaker. This is Senate Bill 4. It's an identical Bill that this chamber voted on several weeks ago, House Bill 138, identical language. Unfortunately, House Bill 138 is not moving over in the Senate, but Senate Bill 4 is here on Third Reading. It is a Bill that deals with the issue of stem cell research. This Bill would permit all forms of stem cell research. It also prohibits and penalizes the cloning of human beings and in essence prohibits reproductive cloning yet it formalizes and establishes a fairly rigid structure with respect to the awarding of grants in the event, and there's no money in this Bill, in the event there is money through the Department of Public Health. We would create the Illinois Institute of Regenerative Medicine. Through that process we would have an oversight committee coupled with a peer review made up of scientists and leading researchers literally from around the country that would analyze each per… each respective grant application and… if we get to that point. So, it is a… a Bill I know that has some opposition. I respect that opposition, but it is a Bill that if passed and signed into law would allow for stem cell research in the State of Illinois. We're seeing this happen around the country in other states, in fact, it's happening around the world. We have some of the best and the brightest researchers here in Illinois, Chicago hospitals, Chicago universities and even outside the City of Chicago. This 09500065.doc 108 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 would allow them and permit them the security of knowing that we embrace stem cell research here in the State of Illinois. I would like to, while I know there's some people… Jeff Schoenberg over in the Senate and Dan Hynes is our Comptroller… have been very helpful, recognize Sara Feigenholtz who has been from day one (1) an advocate on this issue before others were. She has been very strong; she stayed with it. I appreciate that and I would be glad to answer any questions on this Bill. I think it's… it may not be something that people agree with, everybody, but it's really straightforward in what it does. And with that, Mr. Speaker, I'd be glad to open up to questions."
Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Feigenholtz."
"Thank you, Mr. Speaker and of course, thank you, Representative Cross. I think that we have heard debate on this Bill for years, especially this year, and I just want to say that I think what's most important about this legislation are people like Tom Cross and Gretchen Livingston who come down to Springfield and explain what their children go through and put a face on this issue. And they fight because they believe that children who will be born to other parents may have an opportunity to avert some illnesses in their life and not go through what some… what Gretchen and Tom's children have to go through. I encourage everyone to think very hard about this vote. There is great hope for this research. This Bill is impeccable. There is not one loophole in it; it has been vetted many times and amended so… to address some of the concerns that some people 09500065.doc 109 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 had and I'm hoping that after we vote on this it goes straight to the Governor's desk for his signature. Thank you."
"The Chair recognizes the Gentleman from Cook, Representative Fritchey."
"Thank you, Speaker. Very briefly, to the Bill. Tom, I want to say thank you not only for the substance of this but for the process of this as well. This state has previously put money in for stem cell research and I support every last penny that had been put in for that. I was troubled though as I think people were both for and against the issue on how that money was done and how it was placed in the budget and it really subverted the process, ultimately to a good end, but we have to mindful of the means as well. This is straightforward; it is brave; it is honest; it is telling the people of Illinois that we have a commitment to the future health of Illinoisans and ‘cause it’s actually for the future of other people around the world. Tom, you've done a tremendous job on this, the passion shows. Ladies and Gentlemen, you may have differing issues on this and you can express that through your votes, but this is the right way to conduct this issue; it's the right way to handle the process and it's the right cause to do it for. Thank you."
"The Chair recognizes the Gentleman from Cook, Representative David Miller."
"Thank you, Mr. Speaker. To the Bill. I want to commend Leader Cross on bringing this issue to the forefront of our General Assembly time and time again. For children 09500065.doc 110 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 and adults who live with various diseases, this is a better… of the possibility of a better quality of life. Stem cell research has the potential to cure diabetes, has the potential to cure Lou Gehrig's disease, has the potential to heal a broken spinal cord in… people who suffer from spinal cord injuries. Taking these undifferentiated cells and being able to initiate them into either heart tissue, or pancreatic tissue, or muscle tissue or a whole host of other tissues that can help the quality of life of children. I just want to make sure that… that we offer those here in the State of Illinois the possibility of a brighter future. Our children deserve it and we deserve to give it to them. I ask for favorable votes."
"The Chair recognizes Leader Tom Cross to close."
"Thank you, Mr. Speaker. I think David Miller and Sara and John and others perhaps said it better than I could. And I do think it provides a great deal of promise for all of the diseases mentioned. One thing I didn't mention and I neglected to and we've talked about people like our daughter, Reynolds. They're a whole other group of people affected by diseases and I cannot for 1 minute explain or have an appreciation for the other diseases that David talked about. But I know what our own daughter, who has Type 1, if it wasn't for an incredibly strong mother who takes care of her on a daily basis, I don't think it could happen. And so, I think, to the mothers and the parents that provide so much help and relief to these people, we owe them a great deal of gratitude. So, I'd appreciate an 'aye' vote." 09500065.doc 111 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"The question is, 'Should Senate Bill 4 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Moffitt. Mr. Clerk, take the record. On this Bill, there are 70 Members voting 'yes', 44 voting 'no', 2 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Ladies and Gentlemen, we'll continue on page 12 of the Calendar and we'll start with Senate Bill 1479. Representative Dugan. Is Representative Dugan in the chamber? 14… Mr. Clerk… Out of the record. Senate Bill… Senate Bill 1481, Representative Kevin Joyce. Read the Bill, Mr. Clerk."
"Senate Bill 1481 is on the Order of Senate Bills- Third Reading. An Amendment has been approved for consideration."
"Move that Bill back to Second Reading, Mr. Clerk."
"Senate Bill 1481, a Bill for an Act concerning public employee benefits. The Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Dugan, has been approved for consideration."
"Representative Joyce on the Amendment."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Floor Amendment #1 I think was presented in committee by Representative Dugan and on behalf of her, it affects one employee that was difference of being a member… an official in the union and an actual employee of the 09500065.doc 112 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 union. It affects one employee and allows them to buy into the system. Guaran… the language guarantees that. I move its adoption."
Speaker Lyons: "Is there any questions? Seeing none, the question is, 'Should Floor Amendment #1 be adopted?' All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions filed."
"Third Reading. Read the Bill, Mr. Clerk."
"Senate Bill 1481, a Bill for an Act concerning public employee benefits. Third Reading of this Senate Bill."
"The Gentleman from Cook, Representative Kevin Joyce."
"Thank… thank you, Mr. Speaker. Senate Bill 1481 deals with putting twenty-two (22) nurses in the state… into the state human services pension system. They've all been employed with the state for… since 1993 and the state Department of Human Services is onboard, the Governor's Office is onboard. There is no cost. Any cost that's put into this program is beared by the employee. I know of no opposition."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 1481 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 114 Members voting 'yes', 2 09500065.doc 113 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Ruth Munson has Senate Bill 1487. Read the Bill, Mr. Clerk."
"Senate…"
"Mr. Clerk."
"Senate Bill 1487, a Bill for an Act concerning insurance. Third Reading of this Senate Bill."
"We'll take that Bill out of the record on request of the Sponsor. Mr. Clerk, Representative Fortner has Senate Bill 1508. Read the Bill, Mr. Clerk."
"Senate Bill 1508, a Bill for an Act concerning local government. Third Reading of this Senate Bill."
"The Chair recognizes the Gentleman from DuPage, Representative Fortner."
"Thank you, Mr. Speaker, Members of the House. Senate Bill 1508 resolves a problem that unfortunately does occur at times when a building permit is issued and then the standards, the building codes under which that permit was issued, were subsequently changed. What Senate Bill 1508 would do would make it so that during the course of that permit the code that existed would be the code that would be enforced consistently through that permit. I know of no opposition and would be happy to answer any questions."
"Is there anyone seeking discussion on the Bill? Seeing none, the question is, 'Should Senate Bill 1508 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 116 09500065.doc 114 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Representative McAuliffe has Senate Bill 1545. Read the Bill, Mr. Clerk."
"Senate Bill 1545, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
Speaker Lyons: "Chair recognizes the Gentleman from Cook, Representative Michael McAuliffe."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1545 amends the unifode… Unified Code of Corrections and would provide that orders of restitution and of forfeiture are added to what can be collected by any and all means necessary by the court. Currently, it only includes fines in installments. Be happy to answer any questions and ask for an 'aye' vote."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 1545 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 115 Members voting 'yes', 1 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Is Representative Flider on the floor? Mr. Clerk, read Senate Bill 1553."
"Senate Bill 1553, a Bill for an Act concerning public employee benefits. Third Reading of this Senate Bill."
"The Chair recognizes the Gentleman from Macomb… Macon, Representative Flider." 09500065.doc 115 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 1553 amends the downstate firefighters article of the Pension Code to stipulate that a duty disability cannot constitute cause for a discharge of a firefighter. The Bill also specifies that the three (3) examining physicians need not agree as to the existence of any disability or the nature and extent of a disability for the disability to be awarded. The Bill also prohibits a municipality from using a physical or a mental disability as a means of discharging a firefighter. And also 1553 stipulates that a… if a firefighter must file a civil action against the municipality to enforce his or her mandated return to payroll, the firefighter shall then be entitled to recover reasonable costs and attorney’s fees. I ask for an 'aye' vote."
"The Chair recognizes the Gentleman from Jasper, Representative David Reis."
"Thank you, Mr. Spon… Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, this is an issue of the Associated Firefighters. Is that correct?"
"Yes, it is."
"I notice on our analysis that, and I see you haven't amended the Bill, but there are some opponents. Why were they in opposition to this? Could you clear that up for us?"
"Well, we had some discussion in committee about some of the concerns that the Illinois Municipal League had and I 09500065.doc 116 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 think we had a very good dialogue, and what we suggested, what we offered to do, is on the House of the… floor here perhaps answer some questions and ensure what the intent of the legislation is or what it's not intended to do."
"And we're…"
"So, having said that, I don't know that the Municipal League has removed its opposition, but we certainly feel that their objections can be responded to."
"And really this is just codifying the court case between the Village of Oak Park and the Village of Oak Park firefighters. And this really said… what this… the result of this law case… lawsuit?"
"That's… that's exactly correct."
"Okay. Thank you."
"The Chair recognizes the Gentleman from Cook, Representative Rich Bradley." Bradley, R.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"…cates he will." Bradley, R.: "In committee, a few issues came up and to clarify those regarding legislative intent, I've just got several questions. Number 1) what happens under current law when the board terminates the pension of a firefighter on duty disability?"
"Current law states that the firefighter shall report to the Marshal or chief of the fire department who shall there upon order reinstatement into active service in the same rank or grade held at that date… held at the date he or she was placed on disability pension." 09500065.doc 117 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 Bradley, R.: "Thank you. Second question, how does Senate Bill 1553 change the return to work provision of the Downstate Firefighters Pension Code?"
"The Bill requires the municipality to begin to compensate the firefighter immediately following the termination of a duty disability pension. The Bill also allows the firefighter to recover reasonable court costs and attorney’s fees if the firefighter must file a civil action against the municipality to enforce his or her mandated return to payroll. So, you know, that would be only in the case where it's been determined that the firefighter shall be returned to duty but for some reason the city would not follow through on that order." Bradley, R.: "Thank you, Representative, for those clarifications. Again, those came up in committee and the Representative was kind enough to make some statements regarding the legislative intent. Thank you."
"The Gentleman from Lake, Representative Sid Mathias."
"Will the Sponsor yield?"
"Indicates he will."
"And Representative, you had just talked to us on an issue about attorney's fees. Now, my analysis shows that if it was necessary for a firefighter to file a lawsuit for reinstatement, he would be entitled to attorney's fees even if he loses the case. Could that be correct?"
"We believe that that is not the correct analysis of the legislation. In fact, what the language states and what we've just been discussing is that that would only be the 09500065.doc 118 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 case if a firefighter was ordered to report back to duty or because they are no longer on disability, for example, and the city does not follow through on that order. So, then in order to, you know, sometimes… we hope this never happens, hope this never happens, but if it did happen that a city or a fire chief or somebody did not want to accept that order then an order to comply with the law, if the firefighter had to go out and hire an attorney to, you know, be rehired as they should be, then those costs would be able to be refunded."
"Well, and I understand that and if… if he has to file a lawsuit and he prevails, under your scenario, we certainly would not object to court costs and attorney's fees, but if he loses the case, I don't understand why he would be entitled to attorney's fees because obviously then he shouldn't have brought… filed the lawsuit in the first place."
"Well, in fact, be pretty im… it would be impossible really to lose a case when the pension board has determined that a firefighter should be… be working. So, if that order's been made but the city refuses to comply with that order, you know, what recourse does an employee have? This is something that may never happen, I hope it never happens, but it was put in as a safeguard."
"Has it happened in the past?"
"Well, it has happened in the ca… in the court case that, you know, where an employee was determined to be ineligible to work and you know, in the case of certain instances, my understanding is it has happened." 09500065.doc 119 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Well, unfortunately, as most attorneys in this room will tell you and it's happened to me before, I've taken a lot of cases that I know in my mind 100 percent I should have won and yet somehow the judge didn't agree with my version and… or the facts and I… and my client lost. I still don't understand it, but it did happen, but I've never been able to get my attorney's fees paid where I lost the case from the other side. But I guess this is new precedent. I just wanted the Body to look at that issue. Thank you."
"Representative Flider to close."
"Yes. Thank you. Ladies and Gentlemen of the House, I'd urge your 'aye' vote, and I would say again with reference to that last issue, that this is a response to lost… the legal cost would be in response to if a firefighter must file a civil action against a municipality to enforce his or her mandated return. So, that would be a return that's already been mandated but an order that would be, you know, where our city might refuse to comply with that order then the firefighter would be entitled to recovery of reasonable court costs. It's… it's like, you know, that you've won the case and so your costs would be refunded to you. So, I'd ask for an 'aye' vote."
"The question is, 'Should Senate Bill 1553 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Coulson. Mr. Clerk, take the record. On this Bill, there are 84 Members voting 'yes', 32 voting 09500065.doc 120 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 12 of the Calendar, Representative Naomi Jakobsson has Senate Bill 1557. Read the Bill, Mr. Clerk."
"Senate Bill 1557, a Bill for an Act concerning education. Third Reading of this Senate Bill."
Speaker Lyons: "The Lady from Champaign, Representative Jakobsson."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1557 amends the Driver Education Act of the School Code. This Bill requires high school driver education courses to include class room instruction on the hazards of distracted driving. Distracted driving occurs when an individual operating an automobile also engages in the use of any number of activities. And these activities can include using cell phone, hand held organizers, MP3 music players, eating, drinking or reading. An estimated forty three hundred (4,300) accidents occur in the United States every day as a result of distracted driving. So, students would be given instruction on the hazards of distracted driving. I urge an 'aye' vote."
"Is there any discussion? The Chair recognizes the Gentleman from Jackson, Representative Mike Bost."
"Will the Sponsor yield?"
"She indicates she will."
"Representative, I… I understand what we're trying to do here, but can… can I ask what Drivers Ed teacher doesn't automatically teach this now? What Drivers Ed teacher worth their salt would not automatically explain to a young driver 09500065.doc 121 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 that… the importance of focusing on the road and not be distracted by, as we had a talk… we did the cell phone thing, cell phones or radios or all of the other things that are out there?"
"Well, apparently the instruction could be strengthened because there are an estimated forty three hundred (4,300) accidents that occur every year."
"I… I understand there's forty three hundred (4,300) accidents, but there's also forty three hundred (4,300) accidents for people running the… these… these accidents could be from people running stop signs. And the class automatically teaches this. That's why I'm asking. Why are… why in the world… and I know it got fifty (56) votes out of the Senate and it should just fly right out of here and no problem. Why in the world should we have to mandate something that is only common sense that an instructor should teach? A good instructor automatically teaches that, you know, you stop at a stop sign. A instructor automatically teaches that the speed limit is the following and you should obey that. A correct turn, you look both ways before you pull out into traffic. Now, all of the sudden we're going to mandate… listen to this. It requires a drivers education course provide by school districts to include instructions on distracted driving. Folks, are we going to legislate every little thing in life? Can't we trust our Drivers Ed teachers to know that this is basic? And that we don't need to have a State Law to tell them that they have to do that. When are we going to quit with the ridiculous stuff and actually focus on what really needs to 09500065.doc 122 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 be done around here? I mean, I… I believe that we should teach our students as they're being trained not to be distracted, but I also believe that I should trust the teachers to automatically know they need to do it. Not have some new State Law. You know, it… folks, have any of you figured out that when the con con was done… when the constitutional rewrite was done the Illinois revised statutes had two (2) volumes and now we're over ten (10)? This is why. We're putting into law something that is just common sense. When do we stop? Jeez."
Speaker Lyons: "Any further discussion? Seeing none, Representative Jakobsson to close."
"Thank you. The parents of a recent University of Illinois graduate that was killed by a distracted driver while he was on his bicycle and the driver was downloading a new ring tone on her cell phone have been the principle advocates of this measure. They feel that, and I do too, increasing education to potential disasters associated with distracted driving is critical to reducing the amount of distracted driving among drivers. And I urge an 'aye' vote."
"The question is, 'Should Senate Bill 1557 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Eddy. Renee Kosel. Mr. Clerk, take the record. On this Bill, there are 102 Members voting 'yes', 14 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. 09500065.doc 123 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 Clerk, on page 12 of the Calendar, Representative Osmond has Senate Bill 1566. Read the Bill, Mr. Clerk."
"Senate Bill 1566, a Bill for an Act concerning public health. Third Reading of this Senate Bill."
Speaker Lyons: "Chair recognizes the Lady from Lake, Representative JoAnn Osmond."
"Thank you, Mr. Speaker. Senate Bill 1566 cre… creates the Genetic and Metabolic Disease Advisory Committee Act, provides that a director of Public Health shall create a Genetic and Metabolic Disease Advisory Committee to advise the Department of Public Health regarding issues relevant to newborn screening of metabolic diseases. Department of Public Health shall provide all newborns with expanded screening tests for the presence of Lysosomal Storage Disorder. All opposition to this Bill has been handled through the Amendments. And I would appreciate an 'aye' vote."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 1566 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, 116 Members are voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. On the bottom of page 12, Mr. Clerk, Representative Raymond Poe has Senate Bill 1568. Out of the record at request of the Sponsor. Representative Reis, on the bottom of page 12, you have Senate Bill 1575. Read the Bill, Mr. Clerk." 09500065.doc 124 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Senate Bill 1575, a Bill for an Act concerning transportation. Third Reading of this Senate Bill."
Speaker Lyons: "Gentleman from Jasper, Representative David Reis."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 1575 amends the Vehicle Code to provide the issuance of Iraqi campaign and Afghanistan campaign license plates, respectively, to persons who have earned the Iraqi Campaign Medal or the Afghanistan Campaign Medal from the U.S. Armed Forces. Be happy to answer any questions."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 1575 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 1 Member voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. On the top of page 13, Mr. Clerk, Representative Gordon has Senate Bill 1576. Read the Bill, Mr. Clerk."
"Senate Bill 1576, a Bill for an Act concerning business. Third Reading of this Senate Bill."
Speaker Lyons: "Chair recognizes the Lady from Grundy, Representative Corrine Wood (sic-Representative Careen Gordon)."
"Thank you, Mr. Speaker. Ladies and Gentlemen, Senate Bill 1576 is an initiative of the Illinois Municipal League. It changes the rules about when a foreign corporation can have their charter revoked in… in the State of Illinois and 09500065.doc 125 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 their ability to transact business in the State of Illinois. The situation arose from the City of Urbana. There was a situation where there were Wendy's franchises located there and in Champaign, Urbana, Springfield and Normal and they refused to pay the food and beverages taxes levied by the local municipalities. Under current law, the municipalities didn't have any recourse available to enforce the collection of the taxes. So, this Senate Bill changes the ability of the Secretary of State’s Office to revoke the authority of these foreign corporations to transact business in Illinois where they… Secretary of State receives a copy of the Memoranda of Judgment entered for the money owed. They can make good on the transaction if… if they pay their… their back obligations. And I would appreciate an 'aye' vote. There's no known opponents to this."
"The Chair recognizes the Gentleman from McHenry, Representative Jack Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates she will."
"I'm reading the analysis, Representative, where Wendy's franchises failed to pay the food and beverage taxes levied by each of the municipalities, was there a judgment rendered against those franchises?"
"Yes. They went after them, but they didn't have any way to enforce them. So, that's why we had to change the statute. There was no remedy for the enforcement, except for collections. There… there was no remedy to keep them from transacting business in the State of Illinois." 09500065.doc 126 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"So, this would certainly change the law very substantially in this state? What you'd be doing, is if you got a judgment against a corporation and they did not pay the judgment timely, then you would be able to revoke their ability to do business in this state?"
"The Secretary of State’s Office can do that. There are several other exemptions or… or ways that we can revoke corporations and foreign entities from doing business in the State of Illinois. If they don't answer interrogatories, if… if they don't provide correct answers to the interrogatories. All these things… the exemptions are listed in Section 5 of the Business Corporation Act, Representative. And this is just one more thing to put in there. So, there’s several ways that we can… the Secretary of State can do these things."
"But would it only be in this Bill you would have to have the Attorney General bring this action?"
"The Attorney General would then do that because… because of their jurisdiction and their representation and their jurisdiction for being the attorney for the Secretary of State’s Office."
"’Cause I'm thinking there might be other ways to collect these. Let's assume for the sake of argument you have the Memorandum of Judgment and you record the Memorandum of Judgment. Right now the plaintiff who has that judgment could levy against the property that's here in Illinois because if you have that Memorandum of Judgment and they failed to pay those taxes, they could seize the property by going through… to share of sale." 09500065.doc 127 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"But why would a municipality want to seize the property when they're just more interested in getting the taxes…"
"Well, I'm saying but if they're not…"
"…that they… that they rightfully levied?"
"…but if they're not getting the taxes that would be one way to collect. But I'm thinking if you strip them of their LLC protection here in the State of Illinois, would it then be that the defendants could then be made personally liable for the debt? Because if they lose their corporate structure protection in this state, would you then be able to try to collect against the individual agents or officer of the so-called corporation that wouldn't have that protection in Illinois?"
"Potentially. But it would also depend on the original contract, Representative."
"No, I'm not talking about the original contract 'cause this is… this a post judgment motion."
"Right."
"This is after you already have the judgment."
"Which…"
"And what you're doing is…"
"Right, but it may be covered in the original contract as well depending on that."
"I'm not talking about the contract. We have a judgment against a defendant corporation."
"Mmm mmm."
"If then the defendant corporation loses its status as a corporation in the State of Illinois, I think this then would allow you to go after the owners of that company on an 09500065.doc 128 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 individual basis. Which I don't have a problem with, but I think that will be a byproduct here and I don't know if you guys have studied that. I see you have staff. But I… under… under contract law, if the corporation has been dissolved then you can go after the defendant individually. And I want to know if you can do that under this? For legislative intent, I hope the answer is yes."
"Well, if… if that's the original… those are the way the corporation laws are written so of course you would be able to, but that we be an assumption of risk of them doing business this way with our businesses in the state."
"But it's… I want you to know there's a lot of folks who don't pay their judgments. There's a lot of corporations in Illinois, for instance, who are stationed here in Illinois who get a judgment against them and they don't pay them either."
"But even with a Memorandum of Judgment against the corporation, Representative, if they're not going to follow through or reach any other type of agreement knowing that they're going to lose their ability to do business here, they can still do post decree and post judgment agreements so that it doesn't go to the Attorney General's Office. That's… I mean, that's standard law as well. It's common law."
"But why… but why are we only… like right now, the way this is written, we're only allowing the Secretary of State to pull the corporate entities of a foreign corporation doing business here in this state. What would happen if a 09500065.doc 129 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 corporation based in Illinois failed to pay the municipality…"
"Representative Franks, your 5 minutes are up."
"Okay."
"I could give you one more minute to conclude your line of questioning. Thank you."
"Thank you. If an Illinois corporation owed a municipality and a judgment entered against that Illinois corporation, does the State of Illinois presently have the ability to petition the Secretary of State to have the corporate entity lose its corporate structure so it can't do business as a corporate entity?"
"Representative, I… I believe so, but I… I don't know that for sure. What I do know…"
"I… I don't think so."
"…is that… that's beyond the scope of… of this legislation, but it's also a matter of protecting our Illinois corporations…"
"I'm not… okay. To the Bill."
"…from the foreign… So, it's just… it's beyond the parameters of what's here."
"I think it's a good Bill. I think, though, we might have a problem if we're only allowing the Secretary of State to pull the corporate franchise of a foreign corporation and not allowing the Secretary of State to also pull the corporate protection from an Illinois company. I'm prepared to vote for this, but I need… we need… and I'd ask everyone to vote for this, but we need to look into that. We'll have staff do that. And we may need to do an Amendment next year 09500065.doc 130 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 or maybe next week if we're still here on this issue and then… including the Illinois corporations."
"Representative Gordon to close."
"Thank you, Mr. Speaker. I'm… I'm always happy to look at other ideas put forth by my colleagues, but I do believe that the questions that were asked were beyond the scope or the intent of this legislation. I would be happy to do the research to get that information for you under the Business Corporation Act. But I would urge an 'aye' vote. It's going to help our municipalities in collecting what they need to collect. And also know that foreign… foreign companies and out-of-state businesses truly need to follow the state… the laws of the State of Illinois if they want to conduct business here. Thank you."
"The question is, 'Should Senate Bill 1576 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Flowers. Mr. Clerk, take the record. On this Bill, there's 116 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, in the middle of page 13, Representative Julie Hamos has Senate Bill 1617. Read the Bill, Mr. Clerk."
"Senate Bill 1617, a Bill for an Act concerning conservation. Third Reading of this Senate Bill."
Speaker Lyons: "Chair recognizes the Lady from Cook, Representative Julie Hamos." 09500065.doc 131 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Thank you. Ladies and Gentlemen, this is an important Bill for my community and many of our communities that are now suffering from an infestation of emerald ash borer, a very serious problem that is infecting our ash trees. And just to give you a sense of this, Illinois… I have learned, Illinois has over a hundred thirty million (130,000,000) ash trees. Since the first emerald ash borer infestation in the Unites States in Michigan in 2002, more than twenty million (20,000,000) ash trees have been lost. So, this is a serious problem. What this Bill tries to do and hopefully with your support will do, is to set up the Emerald Ash Borer Revolving Loan Fund. And this would allow municipalities who are now in the throes of removing infested trees and reforestation to be able to secure low interest or no interest loans from the state. And this would be actually administered by the Illinois Finance Authority. It would be setting up this revolving loan fund, loans would go back… loan payments would go back into the fund. And Amendment 1 is another part of this, which is the fact that the emerald ash borer quarantine zones have now been set up. Most residents place tree limbs and twigs into landscape waste bags, along with grass clippings, but those have to be processed. And there is an agency, the Solid Waste Agency of Northern Cook County, which was approached by the Illinois Department of Agriculture as a last resort to prompt… to process landscape waste from the quarantined zone. Amendment 1 would allow this to happen and would allow SWANCC to actually charge fees to be able to do this. Again, an important local issue, but one that hopefully will 09500065.doc 132 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 not affect all of us, but one that we think that the state could assist with. Thank you."
"Is there anyone seeking recognition? Seeing not, the question is, 'Should Senate Bill 1617 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Fortner. Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 13 of the Calendar, Representative Beth Coulson has Senate Bill 1618. Read the Bill, Mr. Clerk."
"Senate Bill 1618, a Bill for an Act concerning public health. Third Reading of this Senate Bill."
Speaker Lyons: "The Lady from Cook, Representative Beth Coulson."
"Thank you, Mr. Speaker. Senate Bill 1618 is an initiative of the Illinois Coalition Against Sexual Assault. It's agreed language between the Department of Public Health, the Illinois Attorney General, ICASA, the Medical Society and the Hospital Association. And essentially what it does is to update the Sexual Assault Survivors Emergency Treatment Act to streamline language and to make it more current and reduces… seeks to reduce the likelihood that a victim would be billed for sexual assault services, unless there's a reason for that. And I would urge an 'aye' vote."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 1618 pass?' All those in 09500065.doc 133 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill there's 115 Members voting 'yes'; 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Representative Sid Mathias has Senate Bill 1619 on page 13. Read the Bill, Mr. Clerk. 1619, 1-6-1-9."
"Senate Bill 1619, a Bill for an Act concerning finance. Third Reading of this Senate Bill."
"Representative Sid Mathias."
"Thank you, Mr. Speaker. At the present time there is no requirement for any notice to be published in the event that the state purchases real estate. With… Senate Bill 1619 requires that notices of the state purchases of real estate in excess of twenty five thousand dollars ($25,000) must be published in the procurement bulletin within seven (7) days after execution of the purchase contract. It also states what information needs to be in the notice. So, we're doing away with… with the exemption. And I ask for your 'aye' vote."
"Is there any discussion on Senate Bill 1619? Seeing none, the question is, 'Should Senate Bill 1619 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared 09500065.doc 134 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 passed. Representative Molaro, for what reason do you seek recognition?"
"Representative Molaro, Mr. Speaker, cannot get up because he is freezing to death. Look at him back here. He's got his coat huddled around him and he can't stand up because he's too frozen. Could we please turn up the heat in this place?"
"Thank you, Representative Lindner on behalf of Representative Molaro, we'll take that and try to accommodate your request. The Chair recognizes the Gentleman from Vermilion. For what purpose do you seek recognition, Representative Black?"
"Mr. Speaker, a point of personal privilege."
"State your point, Representative."
"Having been raised in the heating and air conditioning business, this is the last day of May; it's the air- conditioning season. You can't just switch over and turn on the heat. I mean, for God's sake, doesn't anybody care about the carbon print? It's air-conditioning season. I think it's very comfortable in here. I would suggest you all get used to it. You have a beautiful chamber, a beautiful facility, air conditioned. I suppose we should shut it off to save the carbon imprint. That last remark, coming from a family who's made a living in the air- conditioning business for many years, I found that last remark offensive and completely out of order."
Speaker Lyons: "Representative Black, maybe you could give Representative Molaro some consultation and help him out on his issue." 09500065.doc 135 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"I know what Mr. Molaro needs, but I can't do that."
"Representative May, for what purpose do you seek recognition?"
"Yes, I would like to add to the discussion here. I am so thrilled that the distinguished Gentleman from Vermilion now agrees with me on mercury. And now that he's talking about carbon neutral buildings, I am just ecstatic over here and it's warming me up. Thank you."
"Order in the chamber. Order in the chamber, please. Back to the Calendar, Ladies and Gentlemen. On page 13 of the Calendar, Representative Lang has Senate Bill 1621. Read the Bill, Mr. Clerk."
"Senate Bill 1621, a Bill for an Act concerning finance. Third Reading of this Senate Bill."
"The Gentleman from Cook, Representative Lou Lang."
"Thank you, Mr. Speaker, Ladies and Gentlemen. The Nation of Iran is one that has threatened its neighbors, it's one that harbors terrorists and it's one that refuses to discuss its nuclear weapons program with the United States and other nations. We should not be involving ourself as a state with this nation. Accordingly, Senate Bill 21 (sic-Senate Bill 1621) would do two (2) things. It would require any company that wants to business with the State of Illinois, through the Procurement Code, to simply sign a notice disclosing whether they do any business in Iran. And second, it would require the state pension systems to review their holdings in companies invested in Iran's energy activities and mandate that direct holdings be divested from our state 09500065.doc 136 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 pension funds. This is a very important measure. We've done this before. We should do it especially for Iran which is very… a dangerous country to freedom, to its neighbors. And I would ask your support."
"Is there any discussion on seeking… on Senate Bill 1621? The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. To the Bill. I'm very sensitive to what the Sponsor is attempting to do, I have very similar concerns that he does. But as a… as a former teacher and a student of history and having taught a civics class or two in my life, in a previous life, matters of foreign policy are specifically left to the United States Government in Washington, D.C., by the United States Constitution. Now, I could see some cases where there may be an egregious failure of due diligence, in this Bill, if the State of Illinois was buying military equipment for the Illinois National Guard from a company who was also furnishing military equipment to the Iranian Army. But let's just take… the State of Illinois credit card and the motor pool and you stop and you fill up with gasoline, the chances are fairly good that that gasoline at one point originated from an oil field in Iran. I… I don't know how you enforce some of these provisions. As onerous as this country may be to what we stand for and what we would like to see, these matters are left generally to the United States Department of State, the United States Federal Trade Commission and the United States Congress. If… if every state decides to adopt its own policy about who 09500065.doc 137 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 we will do business with, what we will buy and who will do, in fact the due diligence to make sure that we aren't buying any product that comes from any company… and we have so many interlocking corporations today, I… I don't know how you could fairly enforce this. When we go out to bid for automobiles, does Daimler Chrysler do business with Iran? Every time I see a news article on Iran it seems like half the people in Iran drive a Mercedes Benz. So, should we, in fact, buy any Chrysler product? I've seen General Motors trucks and cars on every… every television news story about Iran. Should we not buy any General Motors cars because General Motors does business with Iran? I mean, this could go on and on and on. I… I'm in total agreement with… with the moral ground that the Representative is… is trying to stake out. And I'm… I'm emphatic with what he's trying to do, but on a practical nature when you have so many multinational corporations today who do business worldwide… what about Caterpillar? Does Caterpillar sell any bulldozers, earth moving equipment, oil field drilling equipment, diesel generators? Do they… do they do business with Iran? Probably so. So, then we should not do business with one of the major companies that are domiciled in the State of Illinois? We can get ourselves into a situation here that I don't think we really want to get into. I wish I had an answer. I would like to… to work with the Sponsor on… on what he's attempting to do. Because I feel basically I think the same way he does about this country that has said on more than one occasion that the Nation of Israel has no right to exist. And in fact, they're dedicated to… to 09500065.doc 138 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 seeing to it that Israel at some point in the future does not exist. That's a… a particularly obnoxious belief and statement to me, but I'm not sure that there's that we can do about that in the State of Illinois unless we are willing to put our Procurement Code at some kind of distinct disadvantage. And again, there are multinational corporations domiciled in Illinois. Archer-Daniels Midland may very well sell value-added products in Iran. Peyton Lisle, owned by an English company, also out of Decatur, may very well sell something in Illinois… or to Iran, but they also sell a number of items to the State of Illinois. I… I rise in reluctant opposition. I… I simply think that the Bill should have been amended further to try and narrow the scope. And while I'm in complete sympathy with what the Sponsor is trying to do, I'm not sure these items are… this kind of legislation is where we should be going."
Speaker Lyons: "Chair recognizes the Lady from Cook, Representative Toni Berrios."
"Point of personal privilege."
"State your point, Representative."
"I'd like everyone to join me in giving a warm Springfield welcome to Father Wayne Watson's students from St. John Burchmans. Thank you so much for coming out, hope you enjoy your day."
"The Chair recognizes the Gentleman from Cook, Representative Bob Molaro."
"Will the Sponsor yield? And if so, I'd like to tell the…"
"He indicates he will." 09500065.doc 139 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"…I'm in full agreement with Representative Black, but for a different reason. You know, we start affecting these pension plans and we had this problem with the Sudan and we came up… let me explain these pension systems. And I don't know if anybody gets it in this building, apparently they don't. It's called a public pension plan because the employees work for a public entity, okay? But once you take 3, 4, 5 percent out of their check and the employer matches it and it puts it into the trust fund it's no longer public money. It's nobody's money, but the thirty thousand (30,000) people who belong to that plan. It's no longer public money. It's as private as money that's in GM's pension plan. It's their money, it's not our money anymore. It's not government money anymore. Now, we pass all these laws about fiduciaries and what it means is, those thirty thousand (30,000) people in a plan, let's say, in the Park District Pension Plan, Chicago Public Pension Plan, TRS, it's those people that are retired and we tell their fiduciaries go out and do the best they can and make the most money they can and go out there and get all these people and tell them the best way to invest their money. And then the General Assembly comes up and starts saying, well we're going to look at some foreign policy stuff. And obviously, like Representative Black said, I don't know if you can pick a better foreign policy argument than the one you're making and the one on the Sudan, but I guess the question becomes, in that… that's fine, but the only thing that bothered me with all these Bills and the one that Jeff Schoenberg has, is that I look… and it went to State 09500065.doc 140 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 Government. Now, I'm looking at… this was an Amendment that you put on a Senate Bill. Is that correct, Representative?"
"Sponsor yields for questions."
"This is a Senate Bill."
"No, but is the… is an Amendment on the Senate Bill? Or was this original language that was on an Amendment…"
"This is an Amendment on a Senate Bill."
"…on a Bill? Correct. So, the question is when it goes through Government the problem is there is twelve (12) or fourteen (14) pension funds, they're not looking at these things 'cause they're looking at the stuff in… they're not looking at every Amendment that's filed and when it's filed. So, I guess the question I have to ask is, when you mandate that they have to get rid of this, you mandate that they report to Department of Insurance or whoever you mandate, then they're going to have to hire people and hire consultants to find out who exactly does business and when they do business. I guess I have to ask, and I'm not being facetious on this, when were they called by staff, tell them what the Bill does, what they ask, when did the pension funds, you know, come to committee? Did we call them up and say, hey, you have two (2) or three (3) weeks to respond? We want you to look at this legislation. What does it mean; what's the cost? When was all that done?"
"Representative, the five state pension funds have reviewed this legislation, and they're all neutral on it. Not a single one of them is opposed to the legislation."
"Well, how can anybody be opposed? Here, I'm going to wind up voting 'yes' just like I did on Sudan because 09500065.doc 141 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 obviously it's more of a public policy statement or… or a foreign policy statement, if you will, and it would almost seem like if I vote against this thing, it's like I'm… I'm voting for the policies in Iran which, of course, nobody can vote against. So, I… all I'm saying is that sooner or later in this building we have to… we have contracts, we have state money and public money that we should do whatever we want to and make public statements, public policy statements. I don't even care if we make foreign policy statements. I'm fine with that because it's public money. That's what we're supposed to be here for. I just think that we have to stop. When it comes to these pension funds, that's not our money that we start… stop going to public pension funds and telling them, that (a) we want to make public policy statements. I don’t care if it's minority participation, Illinois companies… even something as simple as we want to tell our… our pension funds that they should invest in Illinois companies. Well, their job is not to promote Illinois, their job is to get the best dollar for those thirty thousand (30,000) employees… members of that fund. And I just think that before we go out there and put all of these things on the pension systems they should be fully vented, take three (3), four (4), five (5) months. We should have hearings over that. Now, I guess I would have said it about the Sudan, but that's even a touchier subject. So, I didn't say a word. And I guess, Representative Lang, I jumped on your Bill. But… but I'm just saying that… of course, we're going to have to vote 'yes' on this. But I'm just saying that I hope we slow down in telling pension 09500065.doc 142 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 funds where they can invest, how many times they got to report, more reporting. And get all these consultants to make thousands of dollars 'cause it's the consultants that have to…"
"Representative Molaro, your 5 minutes are up. If you conclude your remarks in the next…"
"…I'm done. No, I'm done. I'm done."
"The Chair recognizes the Gentleman from Cook, Representative Fritchey."
"Thank you, Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, one of the phrases that has entered popular culture over the last several years is 'regime change'. And I ask this question in all sincerity, I haven't gone into how the Bill is drafted, but it is conceivable and maybe even hopeful that there will one day be a new government in Iran, that there would one day be a new government in Sudan, one that is more in line with the policies of the rest of the world. Does this legislation anticipate that type of political shift?"
"That's an excellent question, Representative."
"I'm glad you think so."
"The Bill says that the Act expires upon the occurrence of any of the following: the United States revokes its sanctions against Iran, Congress or the President declares that Iran has ceased to acquire weapons of mass destruction or Congress or the President declares that mandatory divestment by the state interferes with U.S. Foreign policy. So, there's many outs here. One of those would be that 09500065.doc 143 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 there's a regime change and Congress says, okay, you guys are okay now."
"Yeah. Well, it's… you know it's just… as we got caught in the other nuances of the debate, that was a very fundamental issue that I didn't know if anybody had thought out. Obviously you have. I'm… I'm glad that you did. I'm wondering maybe from a fiscal standpoint if you had taken a look… I know you've been working on a gaming Bill. I think they may have a lot of suitable locations there you may be able to base some casinos and be able to solve a couple of situations at once. In all seriousness, though, thank you for answering that question. I hope… and I'm going to look into making sure that similar language was in the Sudan legislation. I'll… I'll trust that it probably was."
"I didn't look at that, but it should be in there if it isn't."
"Thank you."
"Thank you."
Speaker Lyons: "Chair recognizes the Lady from Cook, Representative Rosemary Mulligan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will."
"Representative, I think everyone here, if you had made a Resolution that we condemn Iran to their policies and whatever, would be more than with us. What happens… how… what is the… what is the penalty if they… the funds don't divest themselves? Are you just assuming they're going to because they're directed?" 09500065.doc 144 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"I… I don't… I'll check on the penalty for you, Representative, but I have to tell you that I'm certain if the five state pension funds are told by us to do this, they will do it."
"What if they have mutual funds that are… hold foreign companies? How can they make sure when you go through and look at that that they're not doing something that would be indirectly involved with Iran?"
"The Bill exempts that, Representative. This Bill only deals with direct holdings. Securities of a company that are held directly by a public fund in a company that does business in Iran."
"The problem I have with the way this is happening is that if common sense says this is a tough thing to do to our pension system and you don't vote with you, then it's like we're making a statement we don't want to make for people that we want to support. So, you introduce something as a Legislator that makes it very difficult to… to weigh the benefits or inappropriateness of trying to divest yourself. I mean, where do we stop this? Yesterday or the day before whenever we looked at the Sudan Bill, I mentioned and everybody totally ignored it. In Sudan, the reason we don't have the U.N. Forces in there is China blocks the U.N. Resolution. But many people in this Body have traveled to China. We have a foreign trade office in China. China has all kinds of sanctions, human rights sanctions, violations and not only that, they get all their oil from Sudan. So, we totally overlook the fact that we're dealing with China, who is the one main person… country in the United Nations 09500065.doc 145 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 that blocks us sending people in to Darfur. Now, we're doing this for people that I would like to support… to the Israelis I'm really appalled at what Iran says and I'm appalled at their actions in Iraq and yet, if we keep doing this to make statements, I think it makes it very difficult to conduct business. You don’t really know where things are going or what the third way through is. So, we'll vote and support this, but I… I don't think it is as good a thing for us to do is if you just made a simple Resolution for us to condemn Iran and to take a look at what we're doing because it seems our Federal Government is doing some of these things in a much broader motion. So, in order for you to support people that are important to you, you bring this Resolution, we'll all support it and then we've made a statement that is difficult for the state to actually handle. And so, it's not that I don't want to support you and I probably will, I just think the basis behind this needs another line of thought somewhere."
"Let me… let me just respond, Representative, by saying that a simple Resolution does nothing. This actually does something. And it is a very narrowly defined Bill, the Sudan Bill is much broader. It will be much more difficult for the pension systems to comply with the Sudan Bill that we already passed than this Bill. This is very narrow. It is exactly why the state pension systems have become neutral on the Bill. They don't really want to do this, but they're not opposed to doing it. They understand the public policy issue behind this. And they also believe that it's been written in a way now that… that is not overburdensome on 09500065.doc 146 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 them. We've delayed the effective date so they have as much time as they need to comply. And I think we… it's much better that this Body do something than do nothing."
"I understand the reasoning behind this, I just don't know if we can do this for every different issue that comes up. And I think that Iran is much easier to do because we've identified Iran for a longer time as a problem and it's more of a national security risk. Sudan is more of a personal statement of what you're doing on genocide or something like that. Iran has been more of a national issue for a longer time than Sudan has. And that's why I think it's easier because it's been eliminated from so many categories of things that we've been doing nationally. So, I intend to support you, but as some of the other previous speakers have said, I think this is a very difficult thing to do to our pension systems, particularly when I think the pension… pensions, in general, in Illinois aren't doing as great as they could be."
"Thank you."
"The Chair recognizes the Gentleman from Lake, Representative Ed Washington."
"Thank you, Mr… Will the Sponsor yield?"
"Indicates he will."
"To the… to the Bill. Rep… Representative, I just want to make a few comments based on my understanding and experience. And let me just say, I think the comments we've heard on the other side of the aisle they are very valid and they are very wise comments. I think that if we're going to compare what we talked about in Darfur, Africa, compared to 09500065.doc 147 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 Iran, I think we're mixing apples and oranges. In Darfur we're talking about a genocide that is similar to what took place in Rwanda. And here, we're talking about a potential threat similar to what our leaders at a federal level saw in… in Iraq and we're totally wrong. And now our men and women are finding their bodies left in a foreign land for something that was not the way it was stated to be. And I think it's a serious thing that we do in terms of setting a precedent to, and I think Representative Black said it best, I think that if we travel along this venue to enhance public policy at a federal level, when the Federal Government has shown itself in more than one occasion recently to not really be trusted as far as information. If the Government itself can't bank on its own CIA operative information to the point that it makes a terrible mistake like the one we're in, then I think it is behooved that the states really maintain and stay in the parameters of what is states rights, but be very cautious to give up our right to assimilate with the federal level at a… at a risk that the information is incorrect and we harm a people for one reason when that reason is really not there. When I look at what's stated in this Bill about Iran and its uranium enrichment, I'm minded of what I know of world history that, as stated, China is not a friend of America. Someone dropped communist China from the statement of putting in front of China. And everything we pick up when we flip it over says, 'Made in China'. And when you look at the verbal saber-rattling of North Korea recently about what it would do and the capabilities of its nuclear power and that it snubbed its… 09500065.doc 148 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 its nose at America's comments about, you should stop your nuclear operation and as far as we know, they didn't. And there's some who want to put it to rest that he's just talking, but then, maybe he has the potential to deliver on a threat. So, I think if we rush quickly to usher in support of a federal policy based on whatever our connection is with the subject matter, I think it is unwise to step in front of and assimilate with something that may or may not be as it's stated in the newspaper or even on the TV because I'm sure each one of us experienced something that we thought was one way and the same medium in which we get our information come back to prove that it's not that way at all. So, I would… I would caution and to be reflective in doing this is just the right way we want to go. And is Iran that big of a potential to start off with Iran? I think we need to look in our own backyard before we maybe pick a country and say, who's friend, who's enemy? And I'd like to close with two points. To be reminded that it was Iran and Iraq and it was the United States Government that supported Iraq to fight Iran in a war that lasted for eight years. So, Saddam was once an ally or a friend, but all of the sudden he became an enemy with weapons of mass destruction that proved to be not true. So, when you look at the talking doll situation back during the '60s, during Vietnam, once again a fabrication that American ships were attacked to set a preemptive measurement to go into Vietnam which we got caught up in. Two acts, similar history. And I think we, who are future leader, some will leave this chamber and go to the federal level, we need to use history as a teacher 09500065.doc 149 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 and not just take an opportunity to act out of emotion. Thank you, Mr. Speaker."
"This Bill was on Short Debate. We put it on Standard Debate. We'll have Representative Lang to close."
"Thank you, Mr. Speaker. I appreciate all the comments. The bottom line of all this is, this is not overburdensome to our pension funds, they are neutral. Relative to the Procurement Code, there was one comment made that this would require us not to do business with certain companies, that is absolutely incorrect. This just simply requires disclosure in contracting, just disclosure. We, once in a while around here, Mr. Speaker and Ladies and Gentlemen have to make a public policy statement. Are we going to allow funds that we control through these pension systems to be invested in countries that are terrorist nations, that harbor terrorists, that threaten its neighbors with nuclear weapons… we should not be about allowing that. This is a Bill that very specifically is pointed at making sure we don't allow pension funds that we control or state contracts that we control to have anything to do with a terrorist nation. Accordingly, I think an 'aye' vote in the strongest possible terms is the way we send that message. And I ask you for that vote."
"Question is, 'Should Senate Bill 1621 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Rich Bradley. Jefferies. Jerry Mitchell. Mr. Clerk, take the record. On this Bill, there's 90 Members 09500065.doc 150 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 voting 'yes', 20 Members voting 'no', 4 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Harris, on the bottom of page 13, you have Senate Bill 1625. Read the Bill, Mr. Clerk."
"Senate Bill 1625, a Bill for an Act concerning liquor. Third Reading of this Senate Bill."
"The Chair recognizes the Gentleman from Cook, Representative Greg Harris."
"Thank you, Chairman. Thank you, Ladies and Gentlemen. Senate Bill 1625 is a Bill that prohibits the advertising and marketing of alcopop beverages to children. It was very well received; it passed the Senate unanimously. And for those of you who don't know what alcopops are, they're defined as the malt base and beer beverages with natural flavorings, colors, juices, et cetera. And advertising and promotion includes utilization of cartoon characters or youth in their advertising, sponsorship of athletic events for children, advertisements of alcopops on billboards in proximity to schools, parks or places of worship. And I would ask for your favorable vote."
Speaker Lyons: "Chair recognizes the Lady from Lake, Representative Karen May."
"Yes, Mr. Speaker. I would like to stand in favor of this Bill. I think it's very important that we get the message out. Because as I've looked into the issues of teen drinking because of some deaths in my district, found out that children who drink at a young age are more likely to become alcoholics later in life. And also, the brain 09500065.doc 151 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 doesn't stop developing until they reach adulthood. So, I think that the advertising of these things that seem like labon… lemonade or cranberry juice or something like a pop is something that would lead the children down this path. So, I think it's very important that we send the message, and that we as adults stand up for this, and that we shouldn't be advertising these things to… to youth. Thank you very much."
Speaker Lyons: "Chair recognizes the Gentleman from Cook, Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will." Davis, W.: "Representative, I've… I got a lot of letters about this issue. As… as a matter of fact, a stone's throw… literally a stone's throw from my office is a alcohol and substance abuse treatment facility, that's in my district in East Hazel Crest. And what I was trying to make sure I understood about the issue, when they say advertising to kids, can you explain to me exactly what they mean by advertising to kids?"
"Yes, Representative. Here we're talking about the use… use of cartoons, youth oriented photos in their advertising promotion or packaging, sponsorship of athletic events where the intended audience is primary children, placement of advertisement billboards within five hundred (500) feet of schools, public parks and places of worship. And the displays of alcopop beverages in video games, theater productions or other live performances where the intended audience is primarily children." 09500065.doc 152 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 Davis, W.: "Okay. So, when you talk about advertising, you're not talking about the use of minors or… or youth in… literally in commercials or anything like that are you?"
"This is advertising with the little cartoon characters that probably would not appeal to an adult, but might appeal to a young person, yes." Davis, W.: "That might appeal to a young person. So, is this… so… so… can we liken this to, you know, like for instance when cigarettes… there was a brand of cigarettes named Camel and there was a cartoon character that was a camel that was their main advertisement. And I believe there was a lot of talk about how that particular figure, you know, related to kids or looked like… looked…"
"I think we're talking about the same kind of thing, yeah." Davis, W.: "Come on, Fritchey, I'm trying to be serious, man. So… so, you mean the use of those things that appeal to young people versus that appeal to adults?"
"Clearly." Davis, W.: "Okay."
"That appeal to children as opposed to, yeah, adults of legal drinking age." Davis, W.: "Thank you. To the Bill. First of all I want to thank the Sponsor of the Bill. I've also had conversations with representatives from the bev… the adult beverage industry who understand why this type of Bill is necessary. And if I'm not mistaken, they're not in opposition to it. They… they were neutral, at least in my office in the conversations that I had, they were neutral on the issue 09500065.doc 153 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 because they do understand the need to try to ban this type of advertising. And as we try to present positive images for… for our youth, it's important that we don't give the wrong impression about those things that maybe we as adults like to partake in. So, I do commend the Sponsor on this legislation and certainly ask that all Members of the House support this particular piece of legislation. Thank you."
"Representative Harris to close."
"Thank you very much, Representative Davis. I ask for a favorable vote."
"The question is, 'Should Senate Bill 1625 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on the top of page 13, Leader Barbara Flynn Currie has Senate Bill 1579. Read the Bill, Mr. Clerk."
"Senate Bill 1579, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
"Chair recognizes the Lady from Cook, Leader Barbara Flynn Currie."
"Thank you, Speaker and Members of the House. Senate Bill 1579 would make several changes in the definition of freestanding emergency centers. And it would do so because Lake Forest Hospital, which since 2004 has operated an outpatient and acute care center almost fifteen (15) miles from its home would like to turn that operation, which is 09500065.doc 154 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 now open almost seventeen (17) hours a day, into one that is open twenty-four (24) hours a day, and would be described as a freestanding emergency center. We have several other freestanding emergency centers in the state. And in fact, many other states have that kind of opportunity as well. To convert to a freestanding emergency center would mean that it could be open twenty-four (24) hours a day and would be available for emergency drop off by, for example, police cars and ambulances. In fact, the fire chief of Grayslake would welcome the opportunity to let his ambulances stop more frequently and a little closer to home if this were to happen. The proposal would have to go through the certificate of need process, would not in any way jump start itself over any existing applications that are currently in the health facilities planning proposition. I would be happy to answer your questions. And I'd appreciate your support so that this not-for-profit community hospital can extend its reach and make sure that it's offering quality, acute care to more of its citizens."
"Chair recognizes the Lady from Will, Renee Kosel."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"I have a question about some of the things that are in this particular legislation. It changes the mileage that is in there. Does this mean that there can be no distance smaller than twenty (20) miles?"
"No, it means, what… what's happened is that the existing statute, the distance is described just a little 09500065.doc 155 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 short of where this operation already exists. So, this is… there is now the Lake Forest Outpatient and Acute Care Center and it is just beyond the mileage limit, which was included in the statute for a different freestanding emergency center. But it would mean up to twenty (20) miles."
"Well, wouldn't… wouldn't you think that that would be better left to the certificate of need process? Twenty (20) miles in southern Illinois is a lot different than twenty (20) miles through the City of Chicago. And when you're talking about the need to transfer a patient from this outlying or freestanding emergency room to the regular hospital, those two (2) definitions of twenty (20) miles could make a significant difference. And the certificate of need process, the task force that we established through legislation here to look at these kind of things might be a much better way to address that particular definition rather than put it into law."
"But this will actually sunset in 2009. And we are certainly aware of the work of the task force that we created in Senate Bill 244. And I'm hopeful they will make recommendations on this and on every other front. But those recommendations will not come back to us for another year and a half. We will then have to make a determination what to accept, what to reject from the task force report and then we will revamp the whole certificate of need process. In the meantime, no one anticipated that everything would stand still while we wait for that final determination. This, as I say, would sunset itself in two (2) year's time. 09500065.doc 156 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 And this would still require a… a proposal before the Health Facilities Planning Board. So, this is not saying that anything that is twenty (20) miles away is automatically accepted, there still would have to be a showing before the certificate of need process."
"You mentioned this particular facility, this Bill doesn't mention a particular facility. Is this legislation written for a particular facility?"
"It does not and it is not intended that only this facility would have the opportunity to go forward. But the emergency freestanding centers that we have earlier approved are fairly limited in number, and we're following exactly the same procedure there. The reason for this legislation is precisely because there is a not-for-profit community hospital, Lake Forest Hospital, which already has an acute care center that is open, as I say, almost eighteen (18) hours a day. And they would like to be able to provide a fuller range of services and a longer range of hours so as best to meet the needs of the citizens. So, that's where this proposal came from."
"Thank you."
"Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."
"Thank you very much, Mr. Speaker. Would the Sponsor yield?"
"She indicates she will."
"Representative, I… I need a little education on this. What… what is a freestanding emergency center?" 09500065.doc 157 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"It is a facility that would be able to treat people who have different kinds of injuries than those that would be eligible for service at an acute care center. It is not a Level 1 trauma center, but if for example there was someone who had not a totally traumatic injury the ambulance could drop that somebody at a freestanding emergency center and they could not stop at the acute care center. So, as I say, the chief of police in Grayslake would very much welcome this facility. His ambulances are out on the road bypassing this acute care center, going further afield because this designation… the freestanding emergency center is not available unless we pass this Bill for Lake Forest Hospital."
"And that's because the certificate of need authorization program that would authorize through CON is not yet up and running?"
"No, there is… there is a procedure, but the definitions because of the dis… this is slightly further away from the parent hospital than is true under the current law."
"What… what's the limitation from the parent hospital in this Bill?"
"We've changed it to twenty (20) miles, the actual distance is a little under fifteen (15)."
"Now, let me make sure I understand the… the way this works is, someone makes a determination and I'm sure it's done in a medical reason there's… there's someone in radio communication or they look at and they decide, this person can go to a freestanding emergency center. And if it's in an ambulance that person may be charged six, seven hundred 09500065.doc 158 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 dollars ($600-$700) at that point to go to that freestanding emergency center in an ambulance, as an ambulatory fee."
"Well…"
"Then if…"
"…well, of course, today these people are being transported much further afield. If they're in Grayslake, for example, 'cause they can't stop."
"I understand, but it's probably within that twenty (20) miles, the same charge and it's one (1) charge. My concern is if at the time they… they go to the freestanding emergency center and they've incurred one (1) charge for the fee to transport, and at that point there is a determination made that they need to go on to a trauma center at a hospital either by ambulance again or helicopter there could be a second charge involved for the fee… or is this…"
"That… that would be true no matter where somebody started off. If… if they went to the doctor's office and it turned out they needed to go to the hospital, same problem."
"True."
"But yes, you're right to point out that one of the advantages being in an emerg… a freestanding emergency center is that you have to have a helipad so that in case it turns out that the injury is worse than the… the paramedics thought, there is the option of taking you by helicopter to the Level 1 trauma facility."
"But the… the… I guess my point would be that the chances of that determination costing someone twice rather than just going to the emergency trauma center, there's no… there's no way to eliminate the second charge in those cases where 09500065.doc 159 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 they've gone to the freestanding emergency center and a determination is made that a second trip is necessary. I mean, this… it could happen. I understand it could happen in a hospital, too, but the hospital is set up with a trauma center, and the likelihood of that happening may not be as great as at a freestanding."
"I… I would think that would not be a very serious concern, Representative, since the ambulance charge may be based even on miles and it's a lot farther to the Level 1 trauma center than it would be to this freestanding emergency center."
"Can… can you just very quickly then kind of capsulize the purpose of the freestanding emergency center? Is it because of the distance to the hospitals? Is it to alleviate the… the number of cases at the hospital? Is it… what's the overriding purpose?"
"The overriding purpose here is a facility that right now is an acute care facility open almost eighteen (18) hours a day providing onsite many, many specialties, but because it does not have, for example, cat scans, MRI, nuclear medicine, ultrasound, cardiology stress testing, but without the designation of emergency… a freestanding emergency center or a full fledged hospital with an emergency room they are not the appropriate location… destination for somebody who has been hurt and is being transported by ambulance. Were they a freestanding emergency center, they would have a helipad. They would be required to provide emergency trained physicians onsite 09500065.doc 160 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 twenty-four (24) hours rather than just seventeen (17) hours a day, oxygen, suction and all…"
"Representative, your 5 minutes have expired. You want to finish your response, Representative Currie, and we'll move on."
"So, I'm saying, would… they would have the laboratory services and so forth and in fact, would be taking pressure off area hospitals. This facility open not twenty-four (24) hours a day, nevertheless, treat… treated last year almost twenty-two thousand (22,000) individuals."
"Representative Cole."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"Representative, I very much appreciate all the work and respect all the work that you've done in the last couple of years in the certificate of need process for the State of Illinois. And I know that we've just voted on Senate Bill 244 extending the CON process to allow this 'til August of '08 and we're working together with the task force to accomplish that. That being said, I… I would like the Representatives here on the floor to realize that this facility isn't in Representative Currie's district, it's in mine. And I… and I stand in opposition to this freestanding emergency room, not because I oppose emergency room services to my family, which I have been told in my phone calls lately that apparently I must or to the people in Grayslake, I rise in opposition because it circumvents the CON process that's so needed for the western part of my district. The western part of my district there are two (2) hospitals that 09500065.doc 161 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 are seeking a certificate of need and are currently in the process, a very expensive, costly process and lengthy process, to receive a certificate of need. Lake Forest Hospital attended that certificate of need hearing and spoke adamantly against western Lake County receiving a hospital because they felt customers of theirs would be turned away. You had a comment that Lake Forest Hospital… Representative Currie, your comment that Lake Forest Hospital is a not-for- profit. I realize there's a lot of parameters to, you know, to keep that not-for-profit status, but Vista health care is part of the Waukegan Vista health care services. And they've served… 32 percent of their patients are Medicaid. Are you aware at Lake Forest Hospital only 5 percent of their patients are Medicaid?"
"I will check that, Representative. That was not in… and I would be surprised if in its acute care facility that were accurate."
"Representative, Lake Forest Hospital… that's a number for Lake Forest Hospital, the parent hospital. What we're being asked to do today is to change State Law while two (2) other hospitals in the same area are seeking a certificate of need. The law that’s being changed is to allow this facility to locate a greater number of miles away from the parent facility. We're going to change the State Law so that's twenty (20) miles instead of fifteen (15), now they qualify. Lake Forest Hospital will not have to receive a certificate of need; under this legislation, they only need to receive a permit. My opposition is not based that I don't want emergency services to my residents, it's that 09500065.doc 162 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 this particular hospital has a foot in the door and is standing in the way, speaking very eloquently against, the hospital in Lindenhurst or the hospital in Round Lake to serve the rest of my district. I ask for a 'no' vote on this legislation. Thank you."
"Representative Sullivan."
"Thank you, Mr. Speaker. To the Bill."
"To the Bill."
"The previous speaker just talked in regard to the hospital process and CON process that takes place up in Lake County. And it is true that there are two (2) competing fac… proposals. But what this does is it allows emergency care sooner than the other two (2) proposals and may or may not affect the CON process. That is for the board to decide how they're going to interpret what this emergency center will do. But… and and… I know a little bit about this 'cause this facility is probably about a quarter mile outside of my district, so when we talk about districts I know a little bit about this. I also know about the traffic patterns that we have in Lake County. For emergency response to take a patient and get them to the nearest hospital, it could take them upwards of a half hour to get through the two-lane traffic that we have in Lake County. For that reason, the chief, the fire chief in the town of the previous speaker has endorsed this proposal. He's endorsed this proposal because it'll save lives. So, for that reason I encourage an 'aye' vote. Thank you."
"Representative Phelps." 09500065.doc 163 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. To the Bill. I want to re…"
"To the Bill."
"…I want to reiterate what Representative Sullivan says. I, too, am in support of this Bill. This is not something new, fifteen (15) other states do this with much success. Also, this is going to help areas like mine that are very rural because we do have a problem with health care availability and accessibility. And I'm also hopeful that this Bill is going to help Representative Reis and I in the town of Carmi where our public hospital has just been shut down in recent months. So, this is… like I said, nothing new. I'm in full support. And I urge an 'aye' vote."
"Final speaker will be Representative Mulligan."
"I'd like to give my time to Representative Cole. Thank you."
"Representative Cole."
"Thank you for your indulgence, Mr. Speaker, on just a few more minutes. I'd like to speak to a comment that was made just a moment ago by Representative Sullivan, which I was quite surprised to hear. The comment was made that the traffic is atrocious in our area and I absolutely agree, but I'd like to remind him that this facility is an acute care center, is already open 365 days a year, 6:30 a.m. until 11:00 p.m. And I can speak with a great deal of personal experience that between 11 p.m. at night and 6:00 in the morning the traffic is not ferocious. I… Serving the residents in my area and not being in any way influenced about any of the one particular hospital, I do believe it's 09500065.doc 164 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 very important that western Lake County receive a hospital, full service hospital, emergency services. This facility is too far away from that area to provide that in a timely manner. At the certificate of need hearing in Lindenhurst, there was many, many, many testimonies from physicians talking about losing the lives of little children 'cause it took an hour to get to an emergency room. This facility, if it's approved, will not change the amount of time it takes for emergency vehicles to get from Lindenhurst, Lake Villa or Antioch to a hospital. Thank you."
"Representative Currie to close."
"Thank you, Speaker, Members of the House. This facility would have to go through precisely the same procedure other freestanding emergency centers have undergone. This is about providing services to people in… in their communities. It will enable the ambulances to stop there instead of going miles and miles further down the road. Join the chief of police of Grayslake, Representative Sullivan, Representative Phelps and me and vote 'yes' on Senate Bill 1579."
"The question is, 'Should Senate Bill 1579 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Black. Representative Leitch. Mr. Clerk, take the record. On this Bill, there are 73 Members voting 'yes', 42 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Julie Hamos, on the bottom 09500065.doc 165 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 of page 13, you have Senate Bill 1627. Read the Bill, Mr. Clerk."
"Senate Bill 1627, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
Speaker Lyons: "Chair recognizes the Lady from Cook, Representative Julie Hamos."
"Thank you. Ladies and Gentlemen, this Bill has to do also with prisoner lawsuits. And we had a lengthy discussion about a similar, but a very dissimilar Bill yesterday. So, let me explain please what this Bill tries to do. This legis… the need for this arose from the practice of taking away good time from an inmate for filing a so-called frivolous lawsuit. Now, I say so-called frivolous lawsuit because included in that definition was a post-conviction petition. These are petitions that prisoners have to file themselves and without the help of a lawyer. So, what can happen is the defendant goes to court and the court then has two (2) choices under the Post-Conviction Hearing Act: to dismiss the petition as frivolous and without merit or appoint counsel. So, what's been happening is that some judges and clerks do find frivolous and without merit as one of their only two (2) options. They then notify the Department of Corrections about the filing of that so-called frivolous lawsuit. Again, the prisoner is just exercising that right. And what happens then, of course, is that they take away good time for a hundred eighty (180) days. What this Bill provides that there should be one (1) opportunity, the first time, when the prisoner can file one of these post-conviction lawsuits and 09500065.doc 166 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 not have the good time taken away. And that's what this tries to do. This is an initiative of the office of the State Appellate Defender. Thank you."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 1627 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 107 Members voting 'yes', 8 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on the bottom of page 13, Representative David Miller has Senate Bill 1653. Read the Bill, Mr. Clerk."
"Senate Bill 1653, a Bill for an Act concerning public employee benefits. Third Reading of this Senate Bill."
"The Gentleman from Cook, Representative David Miller."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1653 is an initiative from the Metropolitan Water Reclamation District. It basically adds the Prudent Man Rule to its… in regards to its current pension fund. I ask for a favorable vote."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 1653 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 103 Members voting 'yes'; 12 09500065.doc 167 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Members, we'll be running Senate Bills-Third Reading starting on the top of page 14. Representative Lou Lang has Senate Bill 1663. Read the Bill, Mr. Clerk."
"Senate Bill 1663, a Bill for an Act concerning safety. Third Reading of this Senate Bill."
"The Chair recognizes the Gentleman from Cook, Representative Lou Lang."
"Thank you, Mr. Speaker, Ladies and Gentlemen. This Bill is an initiative of the Illinois EPA. I know of no opponents, nor has it been amended since it left the Senate unanimously. This is a technical cleanup Bill which allows the agency to prorate individual MPDES fees and modifications to permits. That's all the Bill does."
"Any discussion? Seeing none, the question is, 'Should Senate Bill 1663 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative May. Representative Patterson. Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. On the top of page 14, Representative Golar has Senate Bill 1664. Mr. Clerk, read the Bill."
"Senate Bill 1664, a Bill for an Act concerning health. Third Reading of this Senate Bill." 09500065.doc 168 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Golar."
"Thank you, Mr. Speaker, Members of the House. Senate Bill 1664, it addresses the need to improve the quality of life while improving services and support to persons with disabilities, mental illness and substance abuse problems. It also identifies a stream of revenue and will analyze the rate and reimbursement methodologies that must be… must reflect the cost of providing services and support. House Amendment #2 creates a commission made up of three (3)… thirteen (13), thirteen (13) voting members. The Governor shall create this commission by July 1, 2007. And the first meeting shall convene the first month after the creation and the appointment of the commission. The final report of this summarizing the commission's recommendations must be issued within twelve (12) months after the first meeting and no later than September 1, 2008 to the Governor and the General Assembly. I will ask for a favorable vote."
"Is there any discussion? The Chair recognizes the Lady DuPage, Representative Patti Bellock."
"To the Bill, Mr. Speaker."
"To the Bill."
"I just want to thank Representative Golar for working with us on this issue. There were some concerns when we had it in the Disability Committee. And she was very forthright in working with us on naming who was to be on the commission and making sure that other people that we wanted to make sure that they were represented would be able to do so. So, thank you very much and I support the Bill." 09500065.doc 169 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"No one seeking further recognition, the question is, 'Should Senate Bill 1664 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Phelps. Reitz. Mr. Clerk, take the record. On this Bill, 115 Members are voting 'yes'; 0 is voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 14 of the Calendar, Representative Moffitt has Senate Bill 1665. Read the Bill, Mr. Clerk."
"Senate Bill 1665, a Bill for an Act concerning State Government. Third Reading of this Senate Bill."
"The Gentleman from Knox, Representative Don Moffitt."
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. Many of you would know that, especially downstate in rural areas one very serious problem is the manufacture of the illegal methamphetamine. One of the key ingredients to making Meth is anhydrous ammonia, which anhydrous is a… is a fertilizer that farmers use. What Senate Bill 1665 would do… would be allow that under the Technology Challenge Grant Program, which are grants awarded by DCEO, that they could be used for the purpose of researching to try to identify or find a… a material that would make anhydrous ammonia inert in the production of methamphetamine. In other words, it would no longer be… if this additive was there it would no longer be… could be used for that. They would be adding that definition to the 09500065.doc 170 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 purposes of the grant. Be happy to entertain any questions."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 1665 pass?' All those in favor should signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Representative Riley has Senate Bill 1702. Read the Bill, Mr. Clerk."
"Senate Bill 1702, a Bill for an Act concerning education. Third Reading of this Senate Bill."
Speaker Lyons: "Chair recognizes the Gentleman from Cook, Representative Al Riley."
"Thank you, Mr. Speaker, Members of the House. Senate Bill 1702 amends the School Code to require school districts that collect biometric information on its students to adopt policies on its… on that information's use in collection, such as written permission for its collection. This Bill is identical to Representative Pritchard's House Bill 1559, which is over at the other Body. Matter of fact, I think it was passed unanimously by the other Body. I'd entertain any questions and ask an 'aye' vote for its approval."
"Any discussion? Seeing none, the question is, 'Should Senate Bill 1702 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? 09500065.doc 171 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 Have all voted who wish? Representative Reis. Representative Rose. Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 14 of the Calendar, Representative Granberg has Senate Bill 1704. Read the Bill, Mr. Clerk."
"Senate Bill 1704, a Bill for an Act concerning alternative energy. Third Reading of this Senate Bill."
Speaker Lyons: "The Gentleman from Clinton, Representative Granberg."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Unfortunately, I'm going to have to ask this Bill be taken out of the record. This Bill has been sitting in this chamber since the first week of March. The Attorney General's Office had twelve (12) points they wanted addressed, we still have one (1) point to go. We're running out of time and we're… frankly, we're not sure what the problem is. But if we adjourn without having signed this Bill, Illinois is going to lose a tremendous opportunity, not only to seek nationwide recognition but global as well. We are competing with Texas for this project on the cutting edge of the future to bring about a renaissance in Illinois coal. The Texas Legislature has already passed their incentive Bill and have adjourned sine die. So, having said that, Mr. Speaker, would you please take this out of the record?"
"At request of the Sponsor we'll take that Bill out of the record. The Chair recognizes the Gentleman from Vermilion, Representative Bill Black." 09500065.doc 172 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Mr. Speaker, a point of personal privilege."
"Please proceed, Representative."
"I… I won't put the Sponsor of FutureGen on the spot and… and ask him to go ahead and call the Bill, I'm sure he's working in good faith with the Attorney General. But I would just say this is a billion dollar ($1,000,000,000) investment and to hold it up on some technicality or somebody's not happy with the way a 't' is crossed or an 'i' is dotted is… is really counterproductive not only for those of us who live in central Illinois but for everyone in the State of Illinois. This is the future of generating electricity and using Illinois coal to do so in a clean, environmentally sound manner. And also to create a fuel, if you will, out of coal. I'm… I'm flabbergasted that this is being held up. Time is of the essence. When you are competing with other states, any kind of delay like this will be used against you by that state and I say that from personal experience. I saw the State of Illinois piddle and diddle on a Honda plant that was looking to locate in a very small community in my home county of Vermilion. A five hundred and eighty million dollar ($580,000,000) construction project, two thousand (2,000) jobs at eighteen dollars ($18) an hour. And because we piddled for thirty- six (36) hours, that plant ended up about ninety (90) miles from where I live, in Indiana. I hope that that does not happen to FutureGen. And whoever is listening in whatever office, for crying out loud get your concerns addressed and pass FutureGen and if we lose it, then I think that should go on whoever has decided to hold this up for whatever 09500065.doc 173 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 reason. This is being… well, I… I don't want to get myself in any trouble, but this just continually shows why Illinois time and time and time again on major economic development projects are a day late and a dollar short. This is a competitive environment out there and if we lose this, by God, those of us who live in central Illinois are not going to accept the blame and we're not going to accept or wear the collar. I'm amaze… I'm amazed that this Bill can't move forward today."
"Representative Granberg."
"Thank you, Mr. Speaker. Thank the Gentleman from Vermilion. I don't hesitate. Unfortunately, Representative, we can't pass the Bill in its current form because there's a group, a not-for-profit group, that's aligned with FutureGen and the Federal Department of Energy called the Alliance and they're made up of a large, large generators and other countries. That's how important this project is. And they have had requests and they want those requests honored. That's why I'm not calling the Bill at this time."
"Representative Jim Meyer, for what purpose do you seek recognition?"
"Yes, I… I would like to rise in support of what Representative Black has… has asked for. And I'm sure Representative Granberg feels some frustration here. And I just want to support this project going forward. But I'd like to… to tell the Body, from my own personal experience, for ten (10) years I represented a district that had Argonne National Laboratory in it and I've talked to many of you on many issues concerning Argonne. Argonne National Laboratory 09500065.doc 174 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 is a Department of Energy facility. It's funded by the Department of Energy and it flows through the University of Chicago. And with projects such as these where… they're extremely competitive… they… in this case, the State of Texas is trying to attract it there. We all know somebody in Washington, D.C., that lives in Texas. So, we are competing against that type of a…"
"Go ahead, Representative, we'll give you another minute to finish your remarks."
"…that type of a focal point on this issue too. And when you compete on these I can tell you that any type of inclination that there is a problem with the acceptance of the project in a state where they're trying to site it will be drastically affecting that siting process. And it'll be looked at very harshly. And we really, as a state, need to get our act together when we do these things. I'm not putting blame on anybody; I'm not trying to infer that somebody's a problem. All I'm saying is we as a state, we as a Body, ought to really try and influence everything we can do because a billion dollars ($1,000,000,000)… Representative, I'm not going to cutoff. I support you when you talk. A billion dollars ($1,000,000,000)… a billion dollars ($1,000,000,000)… of money coming into this state is extremely important to our economy no matter where it's located. And I strongly urge this Body to do anything they can to speed this process along."
Speaker Lyons: "Mr. Clerk, on page 14 of the Calendar, Representative Chapa LaVia has Senate Bill 1729. Read the Bill, Mr. Clerk." 09500065.doc 175 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Senate Bill 1729, a Bill for an Act concerning finance. Third Reading of this Senate Bill."
"The Lady from Kane, Representative Linda Chapa LaVia."
"Thank you, Speaker and Ladies and Gentlemen. This Bill would extend the amount of time units of govern… local governments can issue bonds for purpose of paying off low interest loans from the Illinois EPA's Wastewater and Drinking Water Revolving Loan Program. Proponents of it, Illinois IEPA, Illinois Municipal League, Illinois Association of Wastewater agencies. It came out of the Senate unanimously. There is no known opposition. And I would request an 'aye' vote. Thank you."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 1729 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Dunn. Representative Meyer. Representative Rita. Mr. Clerk, take the record. On this Bill, there are 88 Members… 89 Members voting 'yes', 26 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. In the middle of page 14, Representative Kathy Ryg has Senate Bill 1739. Mr. Clerk, read the Bill."
"Senate Bill 1739, a Bill for an Act in relation to public aid. Third Reading of this Senate Bill."
Speaker Lyons: "Chair recognizes the Lady from Lake, Representative Kathy Ryg." 09500065.doc 176 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill amends the Illinois Public Aid Code to add services provided by licensed clinical social workers to the list of eligible providers who may be directly reimbursed for Medicaid services. This measure is important in filling a gap in access to mental health services and provides Medicaid recipients with a choice of service providers and settings when seeking behavioral health services. I'm happy to answer any questions."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 1739 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Granberg. Eddie Washington. Mr. Clerk, take the record. On this Bill, there's 114 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, back to page 6 of the Calendar under Senate Bills-Third Readings, Representative Nekritz has Senate Bill 73. Read the Bill, Mr. Clerk."
"Senate Bill 73, a Bill for an Act concerning transportation. Third Reading of this Senate Bill."
"Representative Elaine Nekritz."
"Thank you, Mr. Speaker. Senate Bill 73 sets up a license plate for the Sheet Metal Workers Union and it's very similar to all the other license plate Bills that we do. I know that there was some discussion in committee about… and some concern in committee about the… the use of the funds and I did a little bit more research on that. The 09500065.doc 177 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 language that's used in this legislation for… for determining what… how the funds will be used is similar to language that's already in use in a number of other similar Bill… similar pieces of legislation that are already in law. For example, the… it's identical to the… to the… to the language that's used by the… for the carpenters and also for some fraternities and sororities as well as by the Knights of Columbus. So, again, I think it's very similar leg… very similar to those things that are already in law. I ask for your support."
Speaker Lyons: "Chair recognizes the Gentleman from Cook, Representative John Fritchey."
"Thank you, Sponsor (sic-Speaker). Will the Speaker (sic-Sponsor) yield?"
"Yes, she will, Representative."
"Representative, I… I have… it's actually more of a generic question, but it's something that I haven't really noticed before on these Bills. On the fiscal note it says that the cost of each designated plate is fifty thousand dollars ($50,000) and so accordingly the SOS has a provision that you have to applications for at least eight hundred and fifty plates (850) plates before they're produced. But then it goes on to say that the break-even point is approximately thirty-three hundred (3,300) plates. So, does that put us in a situation… let's say, a thousand (1,000) of these license plates were ordered, so there'd be enough for the Secretary of State to go and produce the plates, but we'd still lose money as a state by issuing them, unless at least thirty-three hundred (3,300) of them were ordered." 09500065.doc 178 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Well, that's a… I don't know the actual answer to that question, Representative, but I know that there are twelve thousand five hundred (12,500) sheet metal workers in the state. So, I think that they're planning on… on having sufficient number of orders to be able to break-even."
"And I… it's truly not my intention to single you out, you and I talked about this… the Bill beforehand, but even giving me the numbers that you just gave me that would assume that a quarter of every union member's going to also have one of these plates other… otherwise we wind up essentially underwriting the cost of these, no?"
"Well, I…"
"Well, I'll tell you what just…"
"I… I was just trying… I was just trying to look through the… through the legislation because I… I had thought that there was some provision for in early years that more money goes to the pay… pay the Secretary of State and then in later years with the renewal that's how the money actually builds up in the fund. But I'm reading it too fast to be able to…"
"Okay. Well, yeah."
"…be able to determine that accurately."
"And you know, I… I… I support you, I support Local 73. The… the… the issue's not yours, the issue's one that we struggle with all the time. Maybe at some point we're all going to wise up and say, let's just go to a universal plate with stickers, who knows? I appreciate the answers. Thank you."
"Sure." 09500065.doc 179 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"The Chair recognizes the Gentleman from Cook, Representative Kevin McCarthy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"Representative, I know you did a lot of research on this, so, could you tell me what number plate this is for the State of Illinois?"
"Oh, Representative, I… I did not do that level of research. I… I did look through the entire list to compare the language that's in our Bill with the language in the existing… with the existing license plates, but I don't know how many there are."
"And did this Bill come up earlier today as an Amendment or something or…"
"No."
"'Cause I was informed that I voted for it when I was out of the chamber. If I did, I want to apologize. But I'm sure that my good friend Representative Pihos and I will be voting 'no'. And I hope that others join us on these and one day we say, no more plates. Thank you."
"Gentleman from Vermilion, Representative Bill Black."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. To the Bill. It certainly has nothing to do with the Sheet Metal Workers International, certainly nothing to do with the Sponsor. And let me make it very clear, I have sponsored license plate Bills and I have voted for more than sixty-five (65) of them. However, I had the opportunity about a week ago to have dinner with a 09500065.doc 180 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 retired state trooper, who retired from… from my district. And it was one of those pleasant evenings where he was able to talk knowing that he had just recently retired, was under no obligation to be careful… he… he wasn't speaking for the State Police, he's retired from the State Police, but he was very persuasive in his conversation with me as a police officer and he just turned to me and said, 'Bill, all of these plates have the best of intentions and all of them honor some individual or group or organization that is deserving and worthy of recognition, but all I'm asking you to think about' and he went on to point this out, and I'll just give you the highlights, 'All I'm asking you to think about is when I was out there on the road patrolling at 3:00 in the morning, it got to the point where I would stop a car for an obvious violation, I didn't know what license plate was on the car, I didn't know if it was Illinois, California, Oregon. I had to get closer to the car than my police training would indicate that I should, to make sure what kind of plate it was. My computer isn't often… or wasn't often updated, if it was a new plate the number may not show up on my in car computer. So, I did not know who the plate was registered to and what car it should be on. So, I am going up to that driver not having critical information that I need for my safety.' And it started me to think and I think the State Trooper is correct. At some point, and there's no doubt, Representative, and I… I have no intentions nor desire to kill your Bill and I'm… I know it will pass. But at some point I think each and every one of us are… will have to examine how many more specialty 09500065.doc 181 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 plates we are willing to sponsor and how many more we are willing to vote for. And I just remember the words of that State Trooper, 'At some point it gets so confusing out there on the road, stopping somebody, put yourself in my shoes when I don't know for sure even what state the plate is in, it costs me time, it diverts my attention and if the system isn't upgraded very quickly then I'm going… I'm making a stop and not even knowing if the plate is on the right car and who I'm dealing with.' I think he made… only had a… he made a strong impression on me. And I just don't see how in light of what he pointed out, I can vote for any more specialty license plates. I think this one will be well into the seventies or maybe even the eighties. And I have great respect for the Sponsor and certainly nothing against the International Sheet Metal Workers, but at some point all I would ask… all of us are going to have to face this equation. How many more… how many more… how many more?"
Speaker Lyons: "Gentleman from Jackson, Representative Mike Bost."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates she will."
"Representative, I… I think we may have a little bit of a conflict here. How many sheet metal workers are going to be working on the sheet metal plates?"
"They did not inform me of that, Sir."
"Well, I thought that would be a kind of a conflict if they're making their own plates. Would you see a problem with that?" 09500065.doc 182 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"No, I think they would appreciate the business. As long as they've gone through the Procurement Code and the…"
"So… so, not only is this about the plates it's also about job security?"
"I'm assuming they will have gone through the procurement procedures in a… in a way that meets the current state of the law."
"Okay. I was just wondering if maybe there was a problem."
"Thank you."
"Representative Flider."
"Yes, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"Yes, Representative, in fact, pursuant to the previous speaker's question, wondered if you were aware where these plates would ultimately be made?"
"No, Sir, I'm not."
"Okay. Well, I'm… I'm proud to tell you that they will be made in Macon County at a location called, 'Macon Resources' where people with disabilities produce all of our license plates in Illinois. And so, I will proudly stand up in support of your Bill. Thank you."
"Thank you."
"Representative Nekritz to close."
"With deference to the Gentleman from Vermilion, everyone in this chamber voted earlier today for another license plate Bill and so I would ask that you support one more and support this one. I ask for your support." 09500065.doc 183 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"The question is, 'Should Senate Bill 73 pass?' Those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Coulson. Representative Jim Meyer. Rich Myers. Representative Coulson. Mr. Clerk, take the record. On this Bill, there's 97 Members voting 'yes', 17 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 7 of the Calendar, Representative Molaro has Senate Bill 83. Read the Bill, Mr. Clerk."
"Senate Bill 83, a Bill for an Act concerning local government. Third Reading of this Senate Bill."
"The Chair recognizes the Gentleman from Cook, Representative Bob Molaro."
"Thank you. Senate Bill 83 will solve all the world's problems, it'll take care of all the ills of the State of Illinois and probably cure cancer. I will answer all questions. And I urge an 'aye' vote."
"Representative, you… your time is on…"
"Oh, I'm sorry…"
"…go ahead."
"…I was reading a different Bill. Eighty three (83), all this does is in the… all the villages have what they would call municipal hearings. Cook County didn't set one up. This allows the county to set it up because right now when you have a garbage ticket or you have a two flat and you have too many people living there they write a ticket and you go to these hearings. Like in Chicago, Mr. Speaker, 09500065.doc 184 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 we have it at 400 West Superior. Now, the county in unincorporated Cook County has to go to regular court, the regular Circuit Court. It's pronging on the court, the judges don't want to hear garbage tickets and those things. So, this allows the Cook County to set up for hearings just like every municipality has."
"Chair recognizes the Gentleman from Vermilion, Representative Bill Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will."
"Representative, what… what would these code hearing officers hear? Zoning violations or…"
"Yes."
"…dilapidated properties?"
"Yes."
"In other words, it… it would be any municipal… no, I'm sorry, this will be county. Any violation of a… any violation of any county ordinance? Or would the… are there specified…"
"No, it's…"
"…violations that the code officer could hear?"
"I am told, and I'm looking at this now, that it would be… the enforcement that's provided in Division 5-41, which is exactly what we have for all municipalities."
"Well, that… of course, I should have known that. What… Okay. What is it."
"Yeah. Well, you can certainly ask, though, 'cause I know at times we don't know everything, but…" 09500065.doc 185 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Well, you know, every day I get up I find out I know less and less about more and more. But basically it… these would be violations relating to Property Code violations, zoning violations, you left a junk car sitting in your driveway. And… Okay. What's the due process right? I mean, 'cause a lot of times the code officer will say, that's it, I'm towing the car or you're paying a fine or whatever. What then is the… the due process rights of the individual?"
"Well, you know, you're… you're… you're going to get me because obviously I didn't like this when we gave it to the cities, I wasn't a big fan of it and now the county's mad 'cause the city has it and county doesn't. You know how that… how they get done up north by me. Basically, what we did years ago, we had what they called Division 5-41 and in that Division 5-41 it sets up what these municipal hearing officers can do. So, this gives the same authority to unincorporated Cook County that we did for the cities. Now, if your point, Reverend Black, if your point is… if your point is sort of a kangaroo court when you go there, you have some hearing officer that they're going to hire, like me or Fritchey or some lawyer that needs the money and you go there and it's almost sort of a kangaroo court in that, you know, they give you nine (9) different defenses. The answer to that is you're probably right. But the good news about this is that it has taken a lot of backlog. Before, everybody had to go to circuit court."
"Okay." 09500065.doc 186 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"If you had overflow garbage, now you… so that's what it does."
"In the Amendment this will even let the code hearing officer hear a traffic violation stemming from an automated…"
"Well, that's one of the reasons I picked up the Bill. When I saw that they were going to do that red light stuff, I hate those red light stuff. So, we took that Amendment and we tabled it because I agree with you, we… we have enough places taking enough pictures."
"All right."
"We have enough of that."
"So, you tabled that Amendment?"
"Absolutely. Absolutely."
"All right. Thank you very much for that. The only other question, I… I suppose an individual fined or adjudicated by a hearing officer can always if they are so inclined and have the money decide they're going to take this to court and defend their… their right, correct?"
"Yes."
"Okay. Now, are you familiar with all of the various codes in Cook County? Can I… can I keep a horse in Cook County?"
"Yes, but you know what you can't do now? The Governor signed that Bill. You keep a horse… I know where you're going. Now, be careful, Sir. You're… go ahead, but be careful."
"But I… it would have to be in an area zoned for horses?"
"That's correct." 09500065.doc 187 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Okay. So, if I kept it in an area that wasn't zoned for horses, then I'd have to… the hearing officer could get me?"
"You'd… you'd get a ticket and…"
"If the hearing officer would be Bo Derek, I will assure you I will comply with whatever she wants me to do. But I do have one last question. Since you're… you're in the city, how is it that all those horses can deposit things on Michigan Avenue? My wife asked me that the last time she stepped in some of that stuff. How do they do that? Is that a city problem?"
"You mean, how does… how does the actual…"
"Well, I mean… surely there's something… I thought Alderman Altruist made them wear a diaper or something? But whatever, it happened; it isn't working."
"That's one of… well, that's one of the reasons the alderman isn't there anymore and he lost. Unfortunately, be… I think that was a major issue in that Ward also, people stepping… and are you asking, how does a horse do that? I really don’t know."
"No, I… I know that, but…"
"I mean, Representative Sacia could probably give us exactly how it works when the minute the horse eats…"
"Well, I… I heard all about that this morning on the chicken… turning chicken poo poo into electricity. I'm just fascinated. All I'm wondering is if when you turn on your lights in the morning you hear a cock a doodle doo? But whatever." 09500065.doc 188 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Mr. Black, we've… we've had enough horsing around on this Bill. If you have one final question, we'll give you another minute."
"I… I request a hearing from a code officer. But… but… you're… you're… you're probably right. All I was really concerned about and I think the Gentleman answered the question, you always have the right to a due process hearing in a court should it be that way. I… I think I share some of his concerns. Some of these code officers get a little bit overanxious and overzealous on occasion, but I… I still think you're protected basically. And I do appreciate the fact you tabled the Amendment on the automated stop light."
"Representative John Fritchey."
"Thank you, Speaker. To the… to the Bill. I actually had the privilege of being the Chief Sponsor of the legislation that created the Administrative Hearing Unit for the City of Chicago. And I… I will tell you that it has been an overwhelming success. It has been efficient for the city, for people that have been cited with code violations it is vastly preferable to them from a convenience standpoint, from an efficiency standpoint, from an expeditiousness standpoint, to be able to go through an administrative hearing with all of your rights still fully protected rather than wind up in… in the court system. These types of cases are best handled through this type of disposition. It has worked very well, the safeguards will be in place as I think he had noted and if the Sponsor hadn't noted it, he should have noted it. There is no 09500065.doc 189 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 opposition to the Bill. And I request an 'aye' vote. Thank you."
"Representative Rosemary Mulligan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will."
"Representative, is there any standards on how the hearing board would be set up?"
"Yes, the… the standards… the standards that we set by statute are contained in Division 5-41 and they're the same standards that we have for every municipality in the State of Illinois when they set up their Administrative Hearing Units."
"So, those would be the standards they would have to follow if you pass this legislation?"
"Well, let… can I just check with my staffer for a minute? He tells me that's correct."
"I didn't know that Mr. Stephens lived in Cook County, that's really interesting."
"Well, I'm hoping he's giving me the right answers and…"
"All right. So, the hearing officer… is there any criteria or type of a background that the hearing officer would have to have or would it be just anybody that they would employ?"
"Well, from what I… from what I remember of existing law, 'cause I'm not changing that, even though this Bill has nothing to do with it, I actually think that I… I know most of them are… happen to be attorneys. Now, if you're asking me, must they be an attorney? I'm just guessing when I say, 09500065.doc 190 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 yes. But whatever they have to be now in existing law, I'm not changing."
"How much do you think this is going to cost and does Cook County pay all of the cost?"
"Well, Cook County… Cook County pays all of the cost, but the reason Cook County wants it is because now that they have it they'll keep the money in-house. So, when they go hire hearing officers and set this up instead of the money going through other places it stays here in Cook County. And that's why they're keeping it (Inaudiable). That's the same reason why all the municipalities… most municipalities have set up hearing officers 'cause it's actually a cost savings for them. This will save the county money."
"How many new jobs does this create for them?"
"My guess it would be somewhere around ten (10) or twenty (20) to start out with, is my guess."
"All right. So, they can't afford to have doctors in Cook County, they fire them and now we're going to give them a code office. And from what you said, I'm not quite sure what the criteria will be for the hearing officers. So, they're going to have the money to set this up and to hire twenty (20) new people who are over… going to oversee violations of the local people in their area. I think that's interesting. I come from that area and we do have some unincorporated areas in my district. So, I presume that would be of some benefit to them. I just don't see Cook County spending its money wisely at this time. And I'm not quite sure where the money's coming from and how many people they're going to hire." 09500065.doc 191 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Representative David Reis."
"Inquiry of the Chair."
"State your inquiry, Representative."
"I seem to have lost my seatmate over here, has anyone seen Representative Stephens anywhere on the floor?"
Speaker Lyons: "He's… he's on a special assignment, Representative."
"Has he… has he switched sides?"
"No, he's just… he's helping out."
"Oh, there he is. Okay. Thank you."
"Representative Molaro to close."
"Thank you. Well, I would ask for a favorable vote. It just gives the county what every other city has. And it actually is a savings for the county, they might hire a few people, but it's more than made up for with the fines and the… and actually getting people to do what the ordinance says. It's also a safety issue. It's a good Bill, no opposition. I'd urge an 'aye' vote. Thank you."
"The question is, 'Should Senate Bill 83 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Ford. Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Kevin McCarthy. For what purpose do you seek recognition, Representative?" 09500065.doc 192 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Thank you, Mr. Speaker. I'd like the Journal to reflect that earlier today there was an electrical malfunction in my switch, I think due to thunderstorms in the area. And I was recorded as a 'yes' on the Iraq and Afghanistan plate Bill. So, I'd like the Journal to reflect that I'd like to be a 'no'. I do want to inform the Chair that the electrical problem seems to be straightened out, my switch is working correctly, so I don't need an electrician. If there's a carpenter available, I would like him to come over and level my desk though. So, thank you, Mr. Speaker."
"Representative, the Journal will so reflect. Mr Clerk, on page… the Chair recognizes the Gentleman from Vermilion, Representative Bill Black."
"Mr. Speaker, inquiry of the Chair."
"State your inquiry."
"What the heck is going on here? The money we spent, the doorknob fell off of the Ladies restroom, now the Gentleman says he has an electrical problem. Obviously, I just had an electrical problem. I would… I would suggest that you talk to your Chief of Staff, it may be that we need a lawsuit against the contractors, too many things are going wrong. An electrical problem, doorknobs falling off, my microphone suddenly being shutoff. This isn't… I don’t think… we expected more out of this fourteen billion dollar ($14,000,000,000) project or whatever it was. So, I… well, the Chief is on it. He's going over to check the electricity himself. All right. Thank you." 09500065.doc 193 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"He's on top of it, Mr. Black. Thank you very much. Mr. Verschoore, for what purpose do you seek recognition?"
"Just to comment on the two previous speakers. It seemed like the electricians and the carpenters aren't doing their jobs. They need to hire more plumbers and pipe fitters. I think everything's working in the bathroom."
"Okay, Representative. Mr. Clerk, on page 8 of the Calendar, Representative Mark Beaubien has Senate Bill 531. Read the Bill, Mr. Clerk."
"Senate Bill 531, a Bill for an Act concerning trusts. Third Reading of this Senate Bill."
Speaker Lyons: "Chair recognizes the Gentleman from Lake, Representative Mark Beaubien."
"Yes. Thank you, Mr. Speaker. This is a Bill that is an initiative of the Illinois Fiduciary Association. And it is a Bill that deals with the financial centers of the State of Illinois in the trust departments, which is an enterprise we need to encourage. As amended, the Bill is also supported by the Illinois State Bar Association and Illinois Bankers Association. In working with the other side of the aisle, in cooperation with Representative Currie and your chief attorney, we came up with some language which we all agreed with. And it allows trust companies, with the consent of the recipient, to dissolve a trust of a hundred thousand dollars ($100,000) or less. And I urge an 'aye' vote."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 531 pass?' All those in 09500065.doc 194 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, what's the status of Senate Bill 215?"
"Senate Bill 215, a Bill for an Act concerning regulation. The Bill has been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Read the Bill, Mr. Clerk."
"Senate Bill 215, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
"The Chair recognizes the Gentleman from Rock Island, Representative Verschoore"
"Thank you, Mr. Chairman, Ladies and Gentlemen. I'm asking for support on Senate Bill 215. This Bill allows Illinois gas and electric customers of MidAmerican Energy Company to participate in the same energy efficiency programs the utility has offered for many years to its Iowa customers just across the Mississippi River from my district. MidAmerican Energy serves almost all of my 72nd District and has not raised the electric rates in Illinois for twelve (12) years and has no plans to raise the electric rates. MidAmerican still owns generation facilities and did not participate in the electric auction last fall. Consequently, MidAmerican electric rates are now lower rates than in forty-one (41) other U.S. states and territories, 09500065.doc 195 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 according to a study done by the U.S. Energy Information Administration. You'd think the constituents in my district would be satisfied, but they're… they're… constantly I hear from them complaining that they don't have the same programs that they do in Iowa. I guess it's not surprising because they advertise them in the paper and on TV and it doesn't stop at the river. Some months ago Mike Jacobs, Senator Jacobs, and I along with a few representatives of MidAmerican Energy meet with Tim Anderson, the executive director of the ICC staff, and talked about our Bill and examined MidAmerican's Iowa program in detail. After the meeting, Tim asked if… to amend Senate Bill 215 to provide for a four-year pilot program. I'll repeat that, it's a four-year pilot program. He also said he would accept the rest of the Bill unchanged because he thought it brings MidAmerican proven Iowa programs into the Illinois. In the same manner, it would provide a living laboratory for the ICC staff to develop an energy efficiency expertise. The ICC staff will report to the General Assembly whether the program should be continued beyond 2012. I would ask that you help me pass this very excellent program and I'd be happy to ask any question."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 215 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's are 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the 09500065.doc 196 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 Constitutional Majority, is hereby declared passed. Mr. Clerk, what's the status of Senate Bill 1391?"
"Senate Bill 1391, a Bill for an Act concerning criminal law. The Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Howard, has been approved for consideration."
"Representative Howard."
"Yes. Thank you very much, Mr. Speaker. I'd like to Motion to Table House Amendment #1. Withdraw, that is, House Amendment #1."
"The Lady wishes to move the… we'll withdraw the Amendment. Amendment is withdrawn. Anything further, Mr. Clerk?"
"No further Amendment. No Motions filed."
"Third Reading. Read the Bill, Mr. Clerk."
"Senate Bill 1391, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
Speaker Lyons: "The Lady from Cook, Representative Connie Howard."
"Thank you. Senate Bill 1391 amends the Code of Corrections to provide that any parolee who passes the high school level GED test while on parole or mandatory supervised release would receive ninety (90) days of early release from parole. This incentive would be restricted to those individuals in compliance with all conditions of their parole or mandatory supervised release who had not previously earned a high school diploma or GED. I ask for support from my colleagues." 09500065.doc 197 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
Speaker Lyons: "Chair recognizes the Lady from Kane, Representative Pat Lindner."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"How many days… you're just extending the days of good time credit, is that correct?"
"That is correct."
"And… who is this an initiative of?"
"I'm sorry, I didn't hear your…"
"Is this is an initiative of some group that…"
"Yes. The Safer Foundation, whose business it is to attempt to help ex-offenders."
"And what do they have to do to prove that they are… are not a high school graduate?"
"Well, we don't speak to that in the Bill, but I'm certain that there is a way that one can tell whether that… there is some record of someone having received a diploma or a GED. But we do not speak to that in the Bill."
"Okay. But… but in the Bill it does say that you cannot… you cannot do this program unless if you are a high school graduate, correct?"
"That is correct."
"Okay. All right. Thank you very much."
"Representative Connie Howard to close."
"This, I believe, is something that would give an incentive to some of those individuals who have decided to turn their lives around. And I would like the support from my colleagues to make this happen. Thank you." 09500065.doc 198 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"The question is, 'Should Senate Bill 1391 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Bost. Mr. Reis. Mr. Clerk, take the record. On this Bill, there's 102 Members voting 'yes', 13 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk."
Clerk Bolin: "Committee Reports. Representative Currie, Chairperson from the Committee on Rules, to which the following legislative measures and/or Joint Action Motion were referred, action taken on May 31, 2007, reported the same back with the following recommendation/s: 'direct floor consideration' for Amendment #5 to House Bill 3170, Amendment #3 to Senate Bill 82, Amendment #4 to Senate Bill 678, Amendment #2 to Senate Bill 697, Amendment #2 to Senate Bill 715, Amendment #1 to Senate Bill 729, Amendment #2 to Senate Bill 1487, Amendment #2 to Senate Bill 1568. Motions referred to the Order of Concurrence are House Amendments 1 and 2… Senate Amendments 1 and 2 to House Bill 734, and Senate Amendments 1 and 3 to House Bill 1647."
Speaker Lyons: "Mr. Clerk, on page 9 of the Calendar, Representative Chapin Rose has Senate Bill 607. Read the Bill, Mr. Clerk."
"Senate Bill 607, a Bill for an Act concerning transportation. Third Reading of this Senate Bill."
"The Gentleman from Champaign, Representative Rose." 09500065.doc 199 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Thank you, Mr. Speaker and Ladies and Gentlemen. Senate Bill 607 is agreed language that corrects a number of drafting errors in the Illinois DUI statutes. This came from the Cook County State's Attorneys Office and has been approved by all the other law enforcement groups. It… it really doesn't change anything substantively; it mainly just restructures where it's at so it's a more user-friendly way, a more user-friendly form. There are a couple of instances where there were internal conflicts within statute, which I'm sure will shock no one, that this Body had previously passed, apparently, X and then at a later date passed a penalty Y for the same offense. We have erred on the side of the higher penalty in… in this draft. So, I would appreciate an 'aye' vote. And it should be agreed Bill."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 607 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 6 of the Calendar, Representative Dan Reitz has Senate Bill… Senate Bill 66. Read the Bill, Mr. Clerk."
"Senate Bill 66, a Bill for an Act concerning finance. Third Reading of this Senate Bill."
Speaker Lyons: "The Chair recognizes the Gentleman from Randolph, Representative Dan Reitz. You're good to go, Representative. " 09500065.doc 200 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"This… did they read the Bill? Thank you very much. Good to be in the game. Senate Bill 66 amends it and clarifies the intent for clean coal energy products… projects for IFA, or the Illinois Finance Authority. Just allows them to invest in additional projects for clean coal and for scrubbers and things of that nature. And I'd be happy to try to answer any questions."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 66 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Representative Leitch has Senate Bill 234. Read the Bill, Mr. Clerk."
"Senate Bill 234, a Bill for an Act concerning health. Third Reading of this Senate Bill."
"Chair recognizes the Gentleman from Peoria, Representative David Leitch."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. As many of you know for at least five (5) years every Monday morning I've meet with members in our community who are working to create a… an integrated community based mental health system in the advent of the closure of Zeller Mental Health Facility. The most important people in my view in those meetings are not just providers, but they're the people from the National Alliance 09500065.doc 201 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 on Mental Illness. The reason they are so important is because they are the families who have the loved ones suffering from serious mental illness. And so it is that our mantra is in those meetings, that if the system isn't working for them, the system is not working. And we work on many details in our local community to try and make this system work for the people who actually need this help. It's in that connection that I bring you Senate Bill 234, which I'm grateful for… to Senator Dale Righter in the Senate for leading the Senate to a unanimous support for this measure. What is does is it enables the families who recognize their loved one's decompensating, to be able to take those loved ones, get them help before they decompensate so totally that they hit bottom and have a far more severe experience that they have to then overcome. I feel that very passionately about this Bill and I know many of you do as well who have joined me in sponsoring this measure. And with that, I would ask for an 'aye' vote."
"The Chair recognizes the Gentleman from Cook, Representative John Fritchey."
"Thank you, Speaker. And to the Bill. I'm… I'm not going to reiterate the comments that I had made when this Bill had come up in committee. But Ladies and Gentlemen, if any of you have had to deal with anyone that's close to you, a friend, a relative, a loved one, and watched them suffer and deteriorate, but not to the point where you could help them under the existing laws, it is a terrible, terrible situation. I… I lived through this with one of my closest friends. I watched an individual crumble before my eyes and 09500065.doc 202 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 the eyes of this parents, despite years of efforts on our part. There was nothing that we could do to get him the help that he needed and had he had the presence of mind to realize it, would have shot out on his own. When you are unable to do that, the system fails. The systems fails those individuals that need the help the most. There are opponents to this legislation. I appreciate the sincerity of their theoretical beliefs. This is not a theoretical issue, Ladies and Gentlemen. It is a travesty what can happen to people when the people closest to them are unable to really just provide them with the assistance that they need. Lives can be lost, lives can be broken, lives can be ruined. This Bill is arguably one of the more important Bills that we are going to deal with all Session. It is going to make the difference in the lives of so, so many people. I want to thank the Sponsor, not just for carrying the Bill, but for his inherent knowledge and sincerity and appreciation of the importance of this. David, you and I spoke about this in committee and I've spoken with some of the affected families and it brought back a lot of memories for me and just things that we had to deal with in the past with somebody very close to me, as I said. Ladies and Gentlemen, I'd encourage you to vote for this Bill, cosponsor this Bill, let people know that you care. Understand what this Bill does, understand the problem that we have been facing for so many years and the fact that we really have the chance to fix that now. Representative Leitch, thank you again for doing this." 09500065.doc 203 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"The Gentleman from Cook, Representative Lou Lang."
"Thank you, Speaker. Ladies and Gentlemen, while I recognize the hard work that Representative Leitch has put in on this and while this is a very close call, I rise in opposition to his Bill. The… the notion… I think you all know I've spent a good deal of time working in the area of mental health. The notion of involuntary commitment is a serious one. There are many, many cases both in Illinois and the United States Supreme Court referring to involuntary civil commitment as a massive curtailment of liberty. In… one of the courts said, involuntary commitment to a mental hospital, like involuntary confinement of an individual for any reason, is a deprivation of liberty which the state cannot accomplish without due process of law. The due process that is presumed in this particular legislation is constitutionally vague. The language used is emotional deterioration. Emotional deterioration is a subjective term with no definition whatsoever in the Bill. I recognize that there are cracks and crevices in our law which allow people to fall through, which allow people who should be committed voluntary or involuntarily and to get the proper treatment they need and I support that treatment, but in the effort of making sure that we have our… the mental health system correct and in the effort to make sure that everyone gets the treatment they need we must not resort to unconstitutionally vague language in a Bill that provides for involuntary commitment of our citizens. There's the notion out there that it's hard to get somebody involuntary 09500065.doc 204 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 committed, it's too difficult. Well, it should be difficult. There should be a high bar for us to deprive an individual of their liberty, especially when it's done by the subjective view of others as to whether this person is ill or dangerous. In fact, under this Bill the very people who would consi… make the determination as to whether the person involved was ill or dangerous is a person who probably isn't mentally ill. A person through whom eye… who's eyed anyone who is different than they are might seem dangerous. And under that standard, this… without any definition at all has language that is far too vague either from a practical point of view to determine who ought to be committed or definitely from a legal and constitutional point of view. I support Representative Leitch's efforts to do something about the people that are falling through the cracks. And I, for one, have worked to do that and we continue to work with Representative Leitch any time, any place to accomplish this. Because in many ways our mental health system does not work. And we have done not enough to make our mental health system work. But Ladies and Gentlemen, we must not and cannot resort to constitutionally vague language; language which will allow us to involuntary… involuntarily incarcerate basically or put away someone on the subject of standard we think they are dangerous. This is… becomes an unconstitutional deprivation of liberty without due process of law. And while that's all a lot of legal jargon, it's a very serious legal principle and we must not ever cross that line. I would like to do more for those people who are falling through the cracks, but I 09500065.doc 205 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 cannot in good conscience support a Bill that allows those who are not experts, to allow those who are not knowledgeable in mental illness with a constitutionally vague standard, to deprive anyone of his or her personal liberty. And for that reason, I must urge 'no' votes."
Speaker Lyons: "The Chair recognizes the Lady from Kane, Representative Pat Lindner."
"Thank you, Mr. Speaker. To the Bill. I rise in strong support of this Bill. This is an initiative, as Representative Leitch says, of the National Alliance for the Mentally Ill and its local chapters. Several years ago in Kane County a young man who his family saw him going downhill because he stopped taking his medication, he ended up killing his… his father and killing a brother, went into a catatonic state and woke up six (6) months later saying, 'what happened' and couldn't believe that he had done these things. His family… the previous speaker's saying, the experts are the one who should tell whether somebody is… is in need… is in crisis and in need of involuntary commitment. Usually that's the family because they are the ones… or a friend like Representative Fritchey said, because they are the ones who are seeing what is happening to the people. Under the prior… the standard in the statute right now, danger to himself or others, this young man could not be involuntary committed. NAMI did not just come out with this, they held a series of forums all around the country. Most of the consumers were involved in this and one of the main issues was this right to treatment versus involuntary commitment. And their main thought was, how to determine 09500065.doc 206 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 the appropriate treatment and how much government… how much power should the government have in a situation like this? And this is the standard that they came up with. And I think it is a clear standard. Certainly one who is reasonably expected to suffer or continues to suffer mental deterioration or emotional deterioration to the point that the person is reasonably expected to engage in dangerous conduct. I think their family and those close to the person can tell when this happening, would tell when a person is in crisis. And if this standard would have been in the statute several years ago when this young man committed these terrible acts, that his father and brother would still be alive today. I urge strong support for this Bill."
Speaker Lyons: "The Lady from Lake, Representative JoAnn Osmond."
"Thank you, Mr. Speaker. To the Bill. Last week I was in Judiciary I and I learned about the Representative carrying this Bill, Representative Leitch and all the work that they had done in this area. And that night I went home and opened my mail and there was a letter from a friend of ours from twenty-some years ago that we kind of lost contact with. And he told the story of his son, Adam. And Adam was 25 years old, he was an Eagle Scout, graduate of Libertyville High School, graduate of Wisconsin Mid-State Technical School, a student at Northern Arizona University in environmental and land planning, a sailor, a skier, a firefighter, outdoorsman and a musician. His roommate noticed that there was something different about him during the summer and watched him deteriorate. On… in the fall of 09500065.doc 207 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 2005 he was diagnosed with paranoia schizophrenic with dissolutions of grandeur. He died in the fall of January… I'm sorry, he died the fall of January… he died in a fall in January 2006. Both parents tried to get him help, he would not take his medication. It was very frustrating and they couldn't get the assistance they need. This Bill would help for a person afflicted with this to get better help. And I stand in strong support of this issue."
"Representative Julie Hamos."
"Ladies and Gentlemen, on… and I'm on the other side and that just shows how complicated this issue is. I'm standing in strong opposition to this Bill and obviously, we all have strong feelings about it. I, too, know many stories of individual family members, and we could probably tear our hearts out thinking about that and worrying about that. The issue here is whether and what kind of legal standard do we want to create in the law. People who have written to me about this Bill do practice in our mental health institutions and they work on these involuntary commitment petitions. My coll… one of my colleagues just came to me and said, this is similar to the Bill you passed last year which has to do, if you remember, about self neglect, putting self neglect into the statutes for older adults. In that case, we were also thinking ahead about seniors who are not able to look out for their own selves, their own bodies, their own safety. But that Bill produced a knock at the door by someone who was going to offer services. This Bill, in contrast with a very similar kind of standard, can lead to an involuntary commitment and hospitalization in a mental 09500065.doc 208 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 health institution. With a… as we have said, in a… with a vague standard, with a very broad standard where any number of physiatrists can make determinations. This results in an involuntary commitment, it in a sense an incarceration of a human being over something… over a standard that we just changed in Illinois a few years ago. This is a Bill that needs a lot more work. Please, let's be cautious; please let's not… let's not let our heartstrings tug at us, but think ahead about the kind of people who will be snagged in a web which results in an involuntary commitment. Please vote 'no' at this time."
"The final speaker will be Kathy Ryg and then Representative David Leitch to close. Representative Ryg."
"Thank you, Mr. Speaker. I'd like to remind people that one of the positions in opposition of this Bill states that the current standard for involuntary commitment does not ensure that people who meet the standard are actually committed, because state and private hospitals beds have been so drastically reduced that it is not really a viable treatment option. Ladies and Gentlemen, this is our challenge to ensure that when we know that a person has a mental illness that can be effectively treated and if that requires an involuntary commitment, because by the nature of their illness they are not able to look out for their best interests, then that becomes our responsibility. We are taking those steps slowly, we need to do a better job. But in the interim, that is not a reason to be against this legislation which would provide access to persons who require treatment who are unable to make that decision for 09500065.doc 209 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 themselves but whose family wants to see them get better by using treatment that works. Getting a person treatment as soon as possible means that their treatment is more likely to be successful and their stay in a hospital is more likely to be reduced. So, I strongly urge that you support this measure."
"Representative Leitch to close."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. And thanks, too, to all who have spoken on this important measure. I could not agree more with those who have said or who have implied that Illinois's mental health system is inadequate. Indeed, the National Alliance gave our system an 'F', one of the worst in the United States, a system that is archaic, expensive and totally ineffective. Yes, that is an important discussion and one that we must have and it's an issue that we must confront. But the issue today relates to what happens in families, because we all know that one of the symptoms of a serious mental illness too often is that that loved one doesn't take their medicine. That that loved one starts to decompensate in front of the people who are taking care of them, in front of the parent, in front of the relative, in front of a friend and what those people need to do is to be empowered to intervene on that person's life. They need to be powered… empowered to intervene and get that person care before that person totally decompensates and does great destruction to himself or to others. This Bill is a Bill that is of enormous importance to the families who are taking care of loved ones who have serious mental illness, 09500065.doc 210 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 who care about loved ones who have serious mental illness, and who are desperate to be able to intervene on their behalf. I would ask all Members to please help those people. And ask for an 'aye' vote."
"Ladies and Gentlemen, the question is, 'Should Senate Bill 234 pass?' All those in favor signify by voting 'yes,; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 108 Members voting 'yes', 6 Members voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, what's the status of Senate Bill 1397?"
"Senate Bill 1397 has been read a second time, previously. No Committee Amendments. No Floor Amendments have been approved for consideration. No Motions filed."
"Mr. Clerk, take that Bill out of the record. Mr. Clerk, on page 15 of the Calendar is Senate Bill 262. What's the status of the Bill, Mr. Clerk?"
"Senate Bill 262 has been read a second time, previously. No Committee Amendments. No Floor Amendments. All notes have been filed."
"Third Reading. Read the Bill, Mr. Clerk."
"Senate Bill 262, a Bill for an Act concerning gaming. Third Reading of this Senate Bill."
"Chair recognizes the Gentleman from Rock Island, recom… Representative Pat Verschoore."
"Thank you very much, Mr. Chairman. Senate Bill 262 amends the Riverboat Gaming Act and provides for an 09500065.doc 211 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 exception to the requirement that the admission tax be paid for each admission, that a person who exit a riverboat gaming facility and reenters that riverboat gaming facility within the same gaming day shall be subject to only the initial admission. What we have in our area is… they have some places for food on there, but there's a lot of little establishments around it and they will… people will gamble awhile and go off and come back on and they're charged an extra tax. What this would do, with… with the help and the guidance of the Gaming Board, would set up some type of a situa… or program where they would be able to have either a mark on their hand or some type of identification where they paid their tax one time and they would not have to pay it twice. I would answer any questions and ask for an 'aye' vote."
"The Chair recognizes Representative Lou Lang."
"Thank you, Mr. Speaker. I rise in support of the Gentleman's Bill. Before anyone thinks this is a gaming issue or a gambling issue, this has nothing to do with any of that, this has to do with common sense. You go on a riverboat to gamble, you pay… when you go on, the boat pays a fee when you… a head tax for your admission. You leave your coat on the boat and you go back off the boat and you go, oops, I left my coat on the boat. And you go back on the boat and the boat has to pay a second tax. So, if you had to pay a second admission charge to go into the movies, you wouldn't like it too much. So, the boat shouldn't have to pay a second head tax for you to go in and get your coat. 09500065.doc 212 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 That's all this Bill does. It's a good Bill, it's fair, it's reasonable, deserves an 'aye' vote."
Speaker Lyons: "The Chair recognizes the Gentleman from Vermilion, Represen… Representative Bill Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, the only question I have is, how do they keep track?"
"That… that's something that'll have to be worked out with the Gaming Board, we talked about that."
"Okay."
"There'll… there'll either be some type of a indelible stamp that they'd be put on or some type of a bracelet of some sort."
"Okay. I… the obvious… because I've had people ask me. If… if they don’t keep track, then they're afraid that the admission tax may suddenly go down a little bit, because they'll tell them they came on this morning, when in the fact maybe they didn't. But if you say it'll be worked out, I have no reason to doubt your word. Thank you."
"Thank you."
"Representative Kevin McCarthy."
"Thank you, Mr. Sponsor… or Mr. Speaker. Will the Sponsor yield?"
"He will yield."
"Representative, I believe I got some calls on this to my district office. Is this the Bill that concerns people who don't know if they're coming or going?" 09500065.doc 213 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Well, it could be I guess, but I don't think so."
"Thank you for your honesty."
"Representative May."
"Will the Sponsor yield?"
"Indicates he will."
"Yes, Representative, so you're saying that on the riverboats they don't have coming and going privileges?"
"No."
"Oh, okay."
"They have a turnstile that they go through and if they exit then come back in."
"I understand. And quite frankly, I would say most amusement parks and concerts and festivals and stuff give everyone a stamp where they can come and go. And I think it makes common sense. Thank you."
"Thank you."
"Representative Verschoore to close."
"I would just ask for an 'aye' vote."
"The question is, 'Should Senate Bill 262 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Jim Durkin. Representative Durkin. Mr. Clerk, take the Bill (sic-record). On this… on this issue there's 94 Members voting 'yes', 21 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Black, for what purpose do you rise?"
"Mr. Speaker, I rise for a point of personal privilege."
"Please proceed." 09500065.doc 214 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Ladies and Gentlemen, you all know Ann Williams who works for the Illinois Attorney General and does an outstanding job, this is her last day on the job. And I want to… I know all of you will join me in wishing her the very best. Tomorrow she starts… what are you going to be, a drug pusher? Oh, I'm sorry. The correct word is she's going to work for a pharmaceutical company. Their gain, our loss. Best wishes, Ann."
"Congratulations, Ann. All the best to you. Mr. Clerk, on page 17 of the Calendar, Senate Bill 1314. What's the status of the Bill?"
"Senate Bill 1314 has been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Read the Bill, Mr. Clerk."
"Senate Bill 1314, a Bill for an Act concerning employment. Third Reading of this Senate Bill."
Speaker Lyons: "The Gentleman from Clinton, Representative Granberg."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1314 is an agreed Bill. It addresses the situation, in fact, what is contained in the Bill now, is when a temporary labor service has an employee go to that third-party location, if that laborer works more than one (1) day for the same company at the same location then the temporary labor service will no longer be required to report the hours by the day, but they in fact, can give that laborer the total amount of hours worked in that week. So, it simplifies the process. It's agreed to by the Department 09500065.doc 215 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 of Labor, the AFL-CIO who represents some of these employees. There is no known opposition."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 1314 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Clerk, on page 17 of the Calendar is Senate Bill 940. What's the status of the Bill, Mr. Clerk?"
"Senate Bill 940 has been read a second time, previously. Amendment #1 was adopted in committee. No Floor Amendments. All notes have been filed."
"Third Reading. Read the Bill, Mr. Clerk."
"Senate Bill 940, a Bill for an Act concerning health. Third Reading of this Senate Bill."
"Recognize the Gentleman from Chicago… from Cook, Representative Harry Osterman."
"Thank you, Mr. Speaker, from Cook. Ladies and Gentlemen of the House, Senate Bill 940 is an initiative of Attorney General Lisa Madigan and I want to start by saying what the Bill does not do. The Bill does not deal with semiautomatic weapons or large capacity magazines, Winchester rifles or firearm manufacturers. It also does not involve background checks and private handgun sales. What it does do though is require Illinois to take critical steps to ensure that individuals with mental illness do not 09500065.doc 216 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 gain access to firearms. We've all seen the terrible incident at Virginia Tech, what an individual with mental illness can do with a gun. Senate Bill 940 does three (3) critical things. First, it requires State Police and the Department of Human Service to enter into a memorandum of understanding with the National Instant Background Check System to share information with that system on only those Illinois residents who are federally prohibited from owning a firearm due to mental illness. Second, it shortens the timetable from thirty (30) days to twenty (20)… thirty (30) days to seven (7) days for which a hospital or mental health facility in Illinois to inform Human Services and State Police of an individual with mental illness who could be a danger to themselves and should be prohibited from owning a firearm. Last, it ensures that those individuals who today, under Illinois Statute, are prevented from owning a firearm due to mental illness, that those hospitals, mental health facilities, Human Service, and the State Police are sharing information that prevents them from owning a firearm. The issue of firearms is a divisive one. But of all… all of us can agree and should agree that criminals and those with mental illness should not have access to a firearm. Amendment #1 is an Amendment put forth by the Med Society that clarifies 'patient' as well as 'mental health facility'. There's no opposition to this Bill and I ask for an 'aye' vote."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 940 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The 09500065.doc 217 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 108 Members voting 'yes', 7 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, what's the status of Senate Bill 1164?"
"Senate Bill 1164, a Bill for an Act concerning transportation. Third Reading of this Senate Bill."
"The Chair recognizes the Gentleman from Cook, Representative Colvin on Senate Bill 1164."
"Thank you, Mr. Speaker. Eleven… I have for the House to consider 11… House Bill… excuse me, Senate Bill 1164. Senate Bill 1164 deals with salvage titles and how self- insured companies deal with them. The current law provides two (2) categories that require a salvage title for a vehicle to be issued. Senate Bill 1164 clarifies the standard for self-insured companies. The Bill sets an ascertainable standard in that category so that a purchasing consumer will know the amount of damage the vehicle has sustained. There's no known opposition to this Bill. I'll be happy to answer any questions, please."
"The Chair recognizes the Gentleman from Cook, Representative Miller. Representative Miller, you had your light on. I assume you do not want to be recognized? Anyone seeking recognition on the Bill? Seeing none, the question is, 'Should Senate Bill 1164 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the 09500065.doc 218 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Clerk, on page 7 of the Calendar, Representative Froehlich has Senate Bill 153. Read the Bill, Mr. Clerk."
"Senate Bill 153, a Bill for an Act concerning public employee benefits. Third Reading of this Senate Bill."
Speaker Lyons: "Chair recognizes the Gentleman from Cook, Representative Paul Froehlich."
"Thank you, Mr. Speaker. Senate Bill 153 really has two (2) parts. The first part passed the Senate unanimously, not too controversial. Here's what it involves. It would allow a member of the downstate teachers union to purchase credit for time spent at a public school outside Illinois on pregnancy leave. The teacher would have to pay both the employee and employer contribution plus interest. Now, this week an Amendment was added and the Amendment's a little more controversial. The Amendment would codify a practice in the state since 1995. The practice… an agreement the state made in '95 is to annually appropriate sixty-five million dollars ($65,000,000) to the Chicago Teachers Pension and Retirement Fund, it was never codified. This Bill would put that as a continuing appropriation. So, this came out of Exec this week and happy to answer questions."
Speaker Lyons: "The Chair recognizes the Gentleman from Vermilion, Representative Bill Black." 09500065.doc 219 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I wrong… I rise in strong opposition to this Bill, as amended. Why would we want to… if you represent the City of Chicago, I understand why you'd want to codify this practice. If you don't live in the City of Chicago, I have no idea why any of you, suburbanite or downstater, would vote for this. As the… the Amendment creates the Public School Teachers Pension and Retirement Fund of Chicago Continuing Appropriation Act. Now, the Speaker on more than one occasion, Speaker Madigan has told me, he doesn't like continuing appropriations. That means we don't appropriate the money, it comes off the top and it goes to the Chicago Public School Teachers Pension and Retirement Fund. Every year that money would come off the top. We wouldn't be… it would not be subject to legislative action by the General Assembly. I could see why they'd want to codify this practice. And I can see why it hasn't been done, on some occasions because it makes us subject to a continuing appropriation of sixty-five million dollars ($65,000,000) to the Chicago Teachers Pension Fund and an additional $10.2 million ($10,200,000) in additional state contributions for a total of $75.2 million ($75,200,000). This language would merely cause a continual annual appropriation of sixty-five million dollars ($65,000,000) to the Chicago Teachers Pension Fund. We don't do that to the Downstate Teachers Fund. We have to appropriate that money every year. And yesterday in the budget we did not appropriate sufficient dollars to make the payment to the downstate, the Illinois Teachers Retirement Fund. So, why, 09500065.doc 220 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 when the Chicago Teachers Pension Fund is one… not one… it is the best funded public pension plan in Illinois. A few years ago it was 90 percent of liability. Why would we want to do this to the best funded pension plan in the State of Illinois? Why would you want to codify what has been a practice and a practice that I have railed against every time it's come up. This isn't right, it isn't fair, it isn't the way business should be done in this House. If the Chicago Teachers Pension Fund wants or feels they desire or need or were promised sixty-five million dollars ($65,000,000) a year from the Chicago… from Illinois tax money, then put it in Bill form, bring it to the General Assembly and if the General Assembly is so inclined, they can appropriate that money. That's the way the process should work, not a continuing appropriation. And let me, again, remind you that a continuing appropriation means you will never, ever get a chance to vote on this. Should this become law, this money is transferred off the top, it is not subject to appropriation action by the Illinois Senate or the Illinois House. I can't tell you… it's been about two (2) months since I talked to Speaker Madigan about trying to make a continuing appropriation to fund the Illinois Veterans Scholarship Program and the Speaker told me, very calmly, 'I don't like continuing appropriations. I don't think continuing appropriations is the way we should do business. We should make that appropriation. And we will make that appropriation and I hope the Governor will spend the money where we indicate it should go.' That was the Speaker's very kind way of telling me, no continuing 09500065.doc 221 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 appropriation. The Speaker always makes an impression on me, I hope I can make an impression on you. This is not a good idea. I understand if you live in Chicago and want to vote for it, that's your teachers' pension system and I understand that. But if you don't represent the county of Cook or a significant number of teachers that are covered under the Chicago Teachers Pension Plan, I would urge you, I would beg you in all that's fair among the five (5) pension plans, to vote 'no' on this Bill, as amended."
"Mr… yes, Mr. Black."
"Speaker, I'm sorry, I have some sinus problems today. I had to turn away and cough. Should this Bill get the requisite number for passage, I would request a verification."
"Representative Black has made a request of a verification on this Bill. So, Members, keep that aware. Representative Jerry Mitchell." Mitchell, J.: "Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I just want everyone to know that I am not a coSponsor of this Bill. I was when the underlying Bill was a stand alone Bill. It was a very simple Bill at that time, this makes it anything but. The only thing that Representative Leitch did… I'm sorry. Representative Black didn't tell you is, from now on, once this becomes a continuing appropriation, the only thing you'll be able to vote for is whether or not to increase that continuing appropriation, 'cause it… it's going to be sixty-five million (65,000,000) forever. And downstaters, you got to remember, it won't go down, it will go up. That hasn't 09500065.doc 222 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 happened to the other pension funds. Let's think about this before we vote on this Bill. If you do not live in the City of Chicago, if you are not influenced by the Chicago Teachers Union, this is not a good vote for you. Please vote 'no'."
"The Gentleman from Cook, Representative Bob Molaro."
"Thank you, Mr. Chairman. You know, we… we got to… we got to straighten out something right now. One of the best things I've found about in this building and even when we argued last night about the budget, what I got to give… the… you know, the Republicans credit. Remember, I was in the Minority for ten (10) years in the Senate. The good thing about it is that you have to agree on the facts, you can't misinterpret the facts. Now, when you say, hey, we only did this or this is a tax increase, you could comment on the opinions all day long and that's what we do. Let's get something straight, because this is dead wrong Two (2) speakers said that once you give it a countinuing appropriation, it's stuck forever. That's ridiculous. We change… all you need to do is change it. It's 60-30 and the Governorer's signature. So, that let me explain how pensions work in this state so we get this right. Every year there's a continuing appropriation. It's taken out of the Revenue Fund, General Revenue Fund. Although, we're a billion dollars ($1,000,000,000) for Downstate Teachers to their pension funds right from the General Revenue Fund from everybody's taxes throughout the state. Every Chicagoan who pays an income tax and every Chicagoan who pays a sales tax 09500065.doc 223 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 that goes in the General Revenue Fund, one billion dollars ($1,000,000,000) is taken from a continuing appropriation right to the downstate teachers. Now, in the law today there isn't a continuing appropriation for not even one penny to the Chicago Teachers Pension Fund. Aren't they teachers too? If you prick them, do they not bleed? Why are we making them second class citizens? They pay property taxes in Chicago, that goes into their pension fund. So, all this Bill does is say that if we're going to give a billion dollars ($1,000,000,000) each and every year and we do, this year's budget, over $2.8 billion ($2,800,000,000) it's going from the General Revenue Fund to the state pension systems. A billion (1,000,000,000) of that, well over a billion (1,000,000,000), is going to the Downstate Teachers Pension Fund. All this says is that if we're going to give, under the 1995 law for the next thirty (30) years, well over… and three (3) years from now it will be over two billion dollars ($2,000,000,000) to the Teachers Pension System. Downstate there should be sixty-five million (65,000,000) coming from this Body going to Chicago Teachers Pension Fund. That's not only fair, we should be embarrassed by how little it is. So, all this Bill does is give you sixty-five million dollars ($65,000,000) going to Chicago teachers when about 1.2 billion (1,200,000,000) is going to downstate teachers. Now, those are facts. Both of them are continuing appropriations. And may I add, that two (2) years ago, even though we said there was a continuing appropriation to the Downstate Teachers, we changed that continuing appropriation. So, that's what happens. Sixty- 09500065.doc 224 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 five (65) so, if this passes 1.2 billion dollars ($1,200,000,000)… wait, Jerry, I've never done… Jerry, he'll call on you, Jerry. Jerry… Jerry… Jerry… Jerry, he'll call on you and then you can do it. I assume he wants to speak or am I going to listen to him interrupt me? I've never done that to a Member. If I wanted to say something, I'd ask and go after. You want to come after me, just ask it. Just ask it. You don't have to keep yelling at me."
"Representative, please, we can…"
"I… I guess…"
"…finish your remarks and…"
"…he must have something to say. So, that'll be up to you later. All I'm saying is, it's continually appropriated, 1.2 billion (1,200,000,000). We're asking that Chicago gets appropriated sixty-five million (65,000,000). That's what the Bill does. So, I think it's only fair, it's only right and we should have an 'aye' vote."
"Representative Kosel."
"I give my minutes to Representative Mitchell."
Speaker Lyons: "The Chair recognizes Representative Jerry Mitchell." Mitchell, J.: "Thank you, Mr. Speaker. Ladies and Gentlemen of the House, the only reason I yelled at the Gentleman is because he starts talking money like we're taking money away from Chicago, that's a bunch of baloney. The sixty-five million (65,000,000) is in there every year. It's like they have the majority of the teachers in the state. When you count the suburban teachers, downstate teachers together that's not true. I'm surprised it's so little? If you look 09500065.doc 225 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 at Chicago Teachers Retirement System, it's one of the healthiest systems in the State of Illinois. And it's been done without a continuing approp. Now all of the sudden we want to make it a continuing approp. This is a Bill about a continuing appropriation, not the amount of money. So, don't be confused by the rantings and ravings of a man who just simply says whatever he wants to say. Now, I've had my say. Thank you, Mr. Speaker."
"Representative Joyce."
"Thank you, Mr. Speaker. I yield my time to Representative Molaro."
"Representative Molaro."
"Well… well, see, now we're getting somewhere. I… I agree with the guy. And by the way, thank you for the flowers, Representative Mitchell, that was… you didn't have to do that. But I agree with the man. I mean that's why I'm saying now the debate makes sense, there is not disagreement. I didn't say that Chicago has most of the teachers, whatever it is, it is. Chicago has 'x' amount, there's downstaters, whatever it is. All I can tell you is this, if the figure is 1.2 billion (1,200,000,000) that we're giving from the General Revenue Fund and you get sixty-five million (65,000,000), I'd have to ask Gary Hannig was that is, 10 percent? And I would have to say that Chicago… whatever… whatever the amount is. Sixty-five million (65,000,000) of 1.2 (1,200,000,000), figure that out. So, that's… that, 5 percent. And I would say Chicago has at least 5 percent of the teachers. Maybe it's a percent up or down, I wouldn't know that. So, what I'm 09500065.doc 226 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 saying is this, if you feel you shouldn't give Chicago any of the money, vote 'no'. This isn't that difficult of a Bill. Say, I don't feel the General Assembly should appropriate any continuing appropriation to the Chicago Teachers Retirement System. Vote 'no' and we don't get it. But all I'm saying is, that in… we are factually giving 1.2 billion dollars ($1,200,000,000) above that continuing approp to the Downstate Teachers Fund. It only makes sense to me, maybe it doesn't make sense to you, that we should give sixty-five million dollars ($65,000,000), 5 percent of that figure, to the Chicago Teachers Retirement System because the General Revenue Fund is built up by taxes from throughout the state. That was my only argument. You don't want to give it; you vote 'no'. You think it's fair, you should give it; you vote 'yes'. That's all. Thank you."
"This Bill was on Short Debate. We put it on Standard Debate. We've had three (3) people speak in response, three (3) people speak in support. Representative Froehlich to close."
"Thank you, Mr. Speaker. We… I thought we had a continuing approp for the Downstate Teachers Pension System. I thought that's what came in in 1995. And of course, that got changed. And if we pass this, another Bill could change this some day. We're dealing with sixty-five million dollars ($65,000,000), I think that's less than 10 percent of 1.2 billion (1,200,000,000). We've been appropriating this since 1995, an agreement with the Edgar administration I might add, in 1995 to appropriate sixty-five million 09500065.doc 227 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 (65,000,000). We're making it a continuing annual approp. And I'd ask for an 'aye' vote."
"Ladies and Gentlemen, there's been a request for verification from Representative Black. So, we'll ask people to please vote their own switches and we'll ask staff to please retire to the back of the chamber. The question is, 'Should Senate Bill 153 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 63 Members voting 'yes' and 52 Members voting 'no'. And there's been request for verification. Again, staff, please retire to the back. Members, please be sitting in your own chair. Mr. Clerk, those voting in the affirmative."
Clerk Mahoney: "The following Representative voting in the affirmative are: Acevedo; Arroyo; Berrios; Boland; Bradley, J.; Bradley, R.; Brosnahan; Burke; Chapa LaVia; Collins; Colvin; Coulson; Crespo; Currie; D'Amico; Davis, M.; Davis, W.; Dugan; Durkin; Feigenholtz; Flowers; Ford; Franks; Fritchey; Froehlich; Golar; Gordon; Hamos; Hannig; Harris; Hoffman; Howard; Jakobsson; Jefferies; Jefferson; Joyce; Lang; Joe Lyons; Mathias; May; McAuliffe; McCarthy; McGuire; Mendoza; Miller; Molaro; Mulligan; Nekritz; Osterman; Patterson; Riley; Rita; Ryg; Saviano; Scully; Smith; Soto; Turner; Washington; Yarbrough; Younge, and Mr. Speaker."
"Representative Black."
"Thank you very much, Mr. Speaker. Representative Mathias." 09500065.doc 228 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Representative Mathias? Mr. Clerk, how did Representative Mathias vote?"
Clerk Mahoney: "Representative Mathias voted in the affirmative."
"Representative Mathias is walking in the back door, Representative Black."
"Thank you, Mr. Speaker. Representative Scully."
"Representative George Scully is right here…"
"Oh…"
"…in front."
"…I'm sorry, George."
Speaker Lyons: "Representative Black, Representative Miller would like to be verified?"
"Absolutely."
"Okay. Thank you."
"Representative John Bradley."
"Representative Bradley. Representative Bradley is in his seat."
"Okay. Nothing… nothing further, Mr. Speaker."
"Thank you, Mr. Black. Sixty-three (63) Members voting 'yes', 52 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Gary Hannig in the Chair."
"Mr. Clerk, read Senate Bill 489."
"Senate Bill 489, a Bill for an Act concerning vehicles. Third Reading of this Senate Bill."
Speaker Hannig: "The Gentleman from Cook, Representative Acevedo." 09500065.doc 229 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 489 provides for the issuance of Support Our Troops License plates for an additional fee of forty dollars ($40) at the original issuance and twenty-seven ($27) at the renewal. The original issuance fee payout is twenty-five ($25) deposited to the Support Our Troops Fund and fifteen ($15) dollars deposited into Secretary of State Special License Plate Fund. Twenty-five dollars ($25) of the original issuance fee and two dollars ($2) of the renewal fee shall be deposited into the Secretary of State Special License Plate Fund. I'll be happy to answer any questions."
"Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Patterson, Lyons, Leitch, Coulson, Black, would you like to be recorded? Mr. Clerk, take the record. On this question there are 110 voting 'yes' and 3 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read the Rules report."
"Rules Report. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following legislative measures and/or Joint Action Motion were referred, action taken on May 31, 2007, reported the same back with the following recommendation/s: 'approved for floor consideration' is Amendment #5 to Senate Bill 678." 09500065.doc 230 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Mr. Clerk, what is the status of Senate Bill 678?"
"Senate Bill 678, a Bill for an Act concerning…"
"What is the… what is the status, Mr. Clerk?"
"Third Reading."
"Return it to the Order of Second Reading at the request of the Sponsor. And Mr. Clerk, are there any Amendments?"
"No Committee Amendments. Floor Amendments 2, 3, 4, and 5, offered by Representative Washington and Brosnahan, have all been approved for consideration."
"So, Representative Brosnahan, what is your pleasure on those Amendments?"
"Thank you, Mr. Speaker. I'd move to table Amendment #1."
"So, to withdraw?"
"We're not going to be acting on Amendment 2 or 3. I would move to adopt Amendment #4."
"So, I'm advised #…"
"And…"
"…#1 is still in Rules."
"Okay."
"So, we can move… do #2. What would you like to do with this? Clerk, are there any Motions? Are there any Motions pending, Mr. Clerk? So, Mr. Clerk, are there any Amendments?"
"Floor Amendment #2, offered by Representative Washington, has been approved for consideration." 09500065.doc 231 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Representative Washington and… Representative Washington on the Amendment. Did you wish to withdraw it? Gentleman wishes to withdraw the Amendment. So, are there any further Amendments?"
"Floor Amendment #3, offered by Representative Washington, has been approved."
"Representative Washington on Amendment #3. Did you wish to withdraw that? The Amendment is withdrawn. Any further Amendments?"
"Floor Amendment #4, offered by Representative Brosnahan, has been approved for consideration."
"Representative Brosnahan."
"Thank you, Mr. Speaker. Amendment #4, that is the exact same language in Amendment #3 that we heard in committee today. There is one addition. During the hearing this morning the representatives from the cable industry indicated that they were seeking a transition period for when the consumer protection standards would apply to them. They were asking for a period of thirty-six (36) months. We indicated that that was too much, but we've… we've added an Amendment… Amendment #4, we've added language that would allow these customer service standards to apply in January 2008. So, in effect, we're giving them six (6) or seven (7) months in order for these customer service standards to apply. And with this Amendment the cable industry has indicated to me that they are no longer in opposition to this Bill. And I would move to adopt Floor Amendment #4." 09500065.doc 232 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Is there any discussion? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. And the Amendment is adopted. Any further Amendments?"
"Floor Amendment #5, offered by Representative Brosnahan."
"Representative Brosnahan on Amendment #5."
"Thank you, Mr. Speaker. Amendment #5 removes the language dealing with the High Speed Internet Services and Information Technology Law. And I would move to adopt Floor Amendment #5."
"Is there any discussion? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"
"No further Amendments. All Motions have been filed."
"Third Reading. Mr. Clerk, read the Bill."
"Senate Bill 678, a Bill for an Act concerning telecommunications. Third Reading of this Senate Bill."
"Representative Brosnahan."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This language, as it stands today, is the product of months of negotiations between all the interested parties. I worked very closely with the Speaker's Office and I just wanted to compliment Louie Mossos, who's standing with me today, Dave Ellis, for all their hard work on this issue. We also worked very closely with the Attorney General's Office, Ben Weinberg, Susan Satter, they were of tremendous help to us. We met with the people that are representing AT&T, the people that represented the PEG Channel interests, 09500065.doc 233 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 the Illinois Municipal League, the cable industry, the Citizens Utility Board, organized labor. And I also wanted to thank Republican spokesman, Jim Meyer, for all of his help with this legislation. He attended a lot of the meetings that we had, not just in committee, but also the outside meetings, as well. What this Bill does, it's a statewide licensing of cable and video providers. Presently, these providers have to go municipality by municipality and offer to provide this service. And this is proving to be a barrier to entry in the cable market. So under this legislation, it would allow new entrants to get a statewide cable franchise. It would make it much easier for AT&T, Verizon, any other new entrant to enter into the… the cable market in these municipalities. What I wanted to do, I know there's been a lot of talk and discussion throughout this Session of this legislation, kind of point out the highlights, the areas that were of… of concern to most of the Members that we've heard in the hearings. Number one, I guess the number one issue, would be 'build out'. Under this legislation, we are requiring new entrants if they get the statewide licensure to commit to a 35 percent build out of their service area within three (3) years. After that if there is a 15 percent market take, so 15 percent of the people in that service area choose to take this service we are then requiring the new entrant, AT&T, to build out to 50 percent of their service area within five (5) years. There's also a provision in here, in AT&T's and their… their statewide service area, it is 30 percent low-income population. We are requiring AT&T to build out 30 percent 09500065.doc 234 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 low-income statewide. But we went even further than that. What we are telling AT&T is that if they enter into an exchange, they would have to build out to the prorata, the low-income population, in that specific exchange. And… and I've used this example over and over again, but I'll do it again explaining the Bill. As I said, the statewide number for AT&T service area is 30 percent low-income, but the City of Chicago, which they intend to go to, that low-income population is 40 percent. AT&T is going to enter the Chicago exchange. So under this legislation, they will have to build out to 40 per… 40 percent low-income in the City of Chicago. Also, we have recognized there's a difference between AT&T and the other companies. We have legislation in here regarding build out that pertains to companies with three hundred thousand (300,000) lines to one million (1,000,000) lines and that… that applies to Verizon. We… we've lowered the build out requirements a little bit recognizing that their service area is more rural. It's not as… they don't have as much density as AT&T service area. For Verizon, they would have to build out to 25 percent within three (3) years and if they meet a market trigger of 15 percent in those three (3) years, they then have to build out the 35 percent within five (5) years. I also wanted to talk about Section 501, which deals with consumers' protections. I… I want to offer my thanks and gratitude to the Attorney General's Office, they were really the champion of the improved consumer protections that we have in this legislation today. I can say, and everyone that's been involved in this process has agreed, that this legislation 09500065.doc 235 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 whether it's regarding build out, but specifically customer protections… consumer protections, is the strongest piece of legislation in the country out of the all the states that have enacted video franchising legislation. One of the provisions is these contracts can no longer be for more than a term of twelve (12) months. Another provision is there are automatic credits for service outages or repairs that the… the company doesn't make on time. An example was brought up in committee today, there… there is a four-hour appointment window. That if the company tells you they're going to be coming out to make a repair service call they have to give you a four-hour appointment window when they'll be there. If they don't make that four-hour appointment window, there'd be a twenty-five dollar ($25) automatic credit applied to the consumer's account. Also, in light of these consumer protections, I know the Citizens Utility Board they testified in favor of this Bill, they also indicated…"
"Representative, could you bring your remarks to a close?"
"Sure. Thank you, Mr. Speaker. Again, we've tried to address all the current… the Illinois Municipal League and I'll try to be brief, but it… it's kind of hard 'cause we have worked on it a long time. The Illinois Municipal League, we've addressed all their concerns regarding the rights-of-way issues, regarding the definition of gross revenues, we've made the changes for them as far as that. We've also taken out the eminent domain provisions. The Illinois Municipal League has indicated they are neutral on 09500065.doc 236 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 this Bill. The people that support the PEG channels are also in agreement with this legislation, we addressed their concerns. Another important factor is we do have a sunset provision in this legislation. It sunsets in October 1, 2013. It's a six-year sunset. It's a real sunset; they'll have to come back to us in 2013 if they want to continue to provide service for these customers. This is a very important piece of legislation. AT&T has already indicated they'll be investing at least seven hundred and fifty million dollars ($750,000,000) into the state if this legislation is passed. It's also going to create over two thousand (2,000) union jobs. And I would ask for your support and I'd be happy to answer any questions."
"This is on the Order of Short Debate. We're going to put it on Standard Debate and recognize three (3) on each side. So, Representative Lang, you're recognized for 5 minutes. Which side shall I mark you up on?"
"I have a couple of questions."
"Okay. So proceed."
"Thank you. Will the Sponsor yield?"
"He indicates he'll yield."
"Thank you. Representative, first let me commend you on a lot of very hard work and a very good effort to put a… an important piece of legislation together. It's really a monumental task. So, you're to be congratulated, as your trusty staff is, behind you. You said one thing… I just have a simple question. Did you say the cable operators are now supporting your Bill?" 09500065.doc 237 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"I wouldn't say they're in support of the Bill. They indicated to me, with the Amendment that we adopted, they are no longer opposed to the Bill."
"I'll take that as the answer I'm looking for. And I thank you very much."
"Representative Black."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I rise in strong support of the Gentleman's Bill. I commend him for all of the work he has done. I think he's explained it; there have been a lot of changes in this Bill. It is a good Bill. I'd just like you to refresh your memory of a few quotes that have been on this Bill before it was changed considerably. It was a good Bill, I thought, two (2) months ago, it's an even better Bill now. And I thank the Sponsor for all that he's done on it. The Chicago Tribune May 1 of '07, 'Peer through the thicket of lobbyists and think about consumers. Bring on cable competition.' The Communication Workers of America, Local #4217 out of Belleville, Illinois, 'The Communication Workers of American supports this Bill because it will encourage new infrastructure, investment, and job growth in Illinois.' The Illinois Chamber of Commerce, the Illinois Manufacturer's Association, and the Illinois Retail Merchants Association 'Telecommunications is a cornerstone industry in Illinois. It is a critical infrastructure for economic growth in today's world.' It's a simple equation, states either have access to the latest technology or they fall behind.' I could go over a number of states that have passed similar legislation from Texas to California to 09500065.doc 238 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 Missouri to Michigan to Florida, but most near and dear to my heart is my border state of Indiana. Passed the Indiana Senate 42-7, the House 78-18, signed by Republican Governor Mitch Daniels on March 14, 2006. I live about eight (8) miles from the Indiana border. I can tell you it has brought not only competition, but hundreds of millions of dollars in new investment to the citizens and the businesses of… of Indiana. It is working. I've talked to people who live in Indiana; they have expressed absolutely no concern to me whatsoever over this Bill. They are happy to have some choices. They are happy to have competition and inherently, I believe this strongly, inherently, as many of you have said about the electric rate problem we've had, inherently, competition is good. Vote 'aye'."
"So, now we've had two (2) in favor and one (1) in response. Representative Mulligan, you're recognized for 5 minutes. Are you in support or in response? Do you know?"
"I just have a couple of questions, I'm not sure."
"Okay. Well, then proceed."
"Representative Brosnahan, I commend you. I think it was maybe… I don't know how many minutes you spoke without taking a breath to get all of this in, it was pretty good. I just have a couple of questions. I always get real nervous at the end of Session when you have some… a complicated Bill that we haven't had, you know, the ability to talk in caucus or figure out what's going on. So, one of the main questions is… eminent domain is gone from here, so 09500065.doc 239 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 nobody in my neighborhood is going to find themselves with some kind of a box they didn't anticipate in their yard?"
"That's correct. The eminent domain language has been removed. And as far as the rights-of-way and where they can put those boxes, they're going to have to go through the municipalities, through the permit process. So, the municipalities will control the placement of those boxes."
"And the Municipal Conferences are now neutral?"
"That's correct."
"And the public access is still there?"
"Yes, the…"
"For the stations…"
"…the PEG channel people, we addressed their concerns and I believe they're either in favor or they're neutral on the Bill."
"All right. And then the really big question, after all the ads and all the times we've deregulated or we've done things where it doesn't really turn out, how is this really going to save people money? After you've told all these people that have phoned my office, they've forwarded phone calls that we're going to save them money. How is this really going to save them money? 'Cause I don't want to pass something that they say, you told us it would save money and it doesn't."
"Sure. Well, in… in the last ten (10) years cable rates have gone up over 90 percent and that's because they're unchecked. They have virtually a monopoly in many of these communities that they serve right now. If you look 09500065.doc 240 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 at the FCC they have findings out there or reports that when there is wire-based competition, rates have gone down. When there is wire-based competition to cable, rates have gone down. So, I definitely think there's advantage of this legislation. I think it will bring lower rates; it's going to bring better options. And… and another important feature I think of this legislation that I failed to state was in as far as the consumer protections, they also apply to the cable companies whether they opt in to the statewide standard or not. So, those people… their services will improve as well that have cable. So, I… I definitely believe that prices will go down with competition."
"All right. So, a year from now as opposed to maybe holding the line where the prices are, you anticipate prices will actually go down?"
"I'm hopeful that they'll go down, but you know, I don't have a crystal ball. I also hope more than AT&T comes into this market and offers this service. I hope mid-size telephone companies do it, Verizon, what have you. But I also think that's the reason we thought it was important to have a sunset provision in the legislation. The sunset… this Bill expires in 2013. So, we have six (6) years to see if competition is going to take place. We have six (6) years to evaluate what we're doing today. And… but I'm confident that there will be more companies enter this field. I… I think they have to because you have the cable companies that have gotten into telephony. They're taking away telephone customers, so in order… it's a matter of survival, I think, for these mid-sized smaller telephone 09500065.doc 241 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 companies and the larger ones, as well, that they're going to have to get into the video field as well."
"And does this have anything to do with… did you… Amendment #5 removed the original provisions in the Bill totally? High Speed Internet services or information tech…"
"Amendment #5 deleted the section of the Bill that was actually… Representative Howard had legislation and it deleted that part of the Bill. That… that wasn't an original part of… of what was House Bill 1500. It was a separate piece of legislation. That was deleted."
"All right. Thank you very much."
"Representative Colvin. Representative Colvin. Representative Colvin, did you wish to speak? And do you know if you're in favor or in response?"
"I want to speak in favor of the Bill."
"Okay. Proceed."
"Thank you, Mr. Speaker. First, I just want to thank my colleague, Jim Brosnahan, and commend him for all the hard work in his effort to stay focused on this issue. It was surprising that he was able to pass any other Bills as many meetings and public hearings we've had. I think we even had a Democratic Caucus meeting specifically on this issue. So, he's certainly put in the work to get to this point. And to that end, I… I'm glad he got to this point. You know, earlier in committee today, I commented on the first Bill I ever had in the General Assembly dealt with build out when SBC first had DSL service in the City of Chicago. And my Bill simply required that they roll out those type of products in a reasonable time frame so that everyone can 09500065.doc 242 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 enjoy those… that new technology when DSL service first came to the City of Chicago. So, I was very pleased to hear the build-out requirements that are required in this Bill. I think what Jim Brosnahan and the committee and the Attorney General and AT&T and all those interested parties when they sat down was to deal with that issue. 'Cause one of the issues that was brought up in this debate was the issue of cherry picking. And I think what this Bill does, addresses that issue in total. I think Jim has taken his time and gone through the build-out requirements with respect to low- income and minority communities. I think it's something that we certainly can live with. What's most important also, in the City of Chicago, is dealing with cable access. The cable access community was very loud in terms of what they expected in this Bill. And AT&T has worked very hard to make sure that their concerns were met as well. I was very pleased to hear that they have removed their opposition to this Bill. The cable access folks in the City of Chicago are a very small, but very loud group and they were certainly heard in this legislation and their wishes were reflected. You heard them talk about eminent domain and public right-of-way. And I'm glad to see that municipalities still have the power and the authority to deal with those issues in this Bill. But mostly… mostly… what's most important is competition. My family, we are cable subscribers and it's very expensive, but we choose… we choose to use cable, like everyone else in the state. But at the same time, what we'd like to see is more competition. Competition inherently will drive down the cost of cable 09500065.doc 243 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 television and cable television access. So, and the last part of this Bill, the ultimate trump card of this Bill is the sunset provisions in this Bill, which gives us after a six-year period a chance to come back and review and look and see what the face of competition in terms of cable access is in the State of Illinois and make any necessary changes. So, I certainly support this Bill. Again, I commend the Sponsor and I ask everyone to vote 'yes'."
"I'm going to move this Bill to Extended Debate 'cause there's a number of people who'd like to speak. So, we're going to go to Extended Debate, which will allow five (5) on each side. Right now, we have three (3) on… in favor and two (2) in response. And Representative Bost, you're next."
"Thank you, Mr. Speaker. To the Bill. I have studied this Bill very closely from its conception in… in this House. And the reason being is, I come from an area where because of the size and the concerns that were brought statewide on this Bill, advertising was done into our area that says, this Bill will bring competition. Now, I do believe that the Bill is… is in the best condition it can possibly be in. And though I voted 'no' in committee, I… I will be voting 'yes' on the floor because I'd rather be right than consistent. Now, that being said, I do want to make sure we have on public record that there are still certain areas of the state, even though these groups came into my area and said, oh, this'll bring competition, it'll bring competition, that in many of the committee hearings, it was explained that it will not in my area of the state. 09500065.doc 244 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 And the reason that it will not is, is because Verizon does not have the same technology and then use a different technology than AT&T. And therefore, I want to make sure that my constituents know that, yes, maybe it will open up for future and hopefully, there will be others come forward and they will start offering this competition. But in the southern end of this state that competition is not available yet. And this Bill won't make that happen. This Bill will allow, if someone at some time wants to come in and offer that competition. But I want my constituents to understand and know that next week the door isn't going to swing open and all of a sudden there's going to be all these people wanting to provide service. We still have to deal with the cable TV that exists there. We still have to deal with satellite, that's our competition. But my constituents by this Bill have, unfortunately, been told something that isn't true. And I want them to know that we hope in time we get it, but right now it's not available. But I think this is right for the rest of the state and I will be voting for it because of that."
"Representative Munson."
"Thank you, Mr. Speaker. I just want to announce that due to a potential conflict of interest I will be voting 'present'."
"Representative Hamos."
"Thank you. I, too, would like to thank the Sponsor especially 'cause I do understand that some of the… that the consumer protections are among the strongest in the nation and that's really great work. I actually was for 09500065.doc 245 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 competition in the 2001 rewrite even when the current advocates for this Bill were not for competition in their previous life, that would be. I have a question, though, and will the Sponsor yield for a question?"
"Indicates he'll yield."
"Representative, I got an e-mail today from one of the… one of my municipalities and this really does have to do with the rights of municipalities and I know that eminent domain was removed. Can you please explain again what is the municipalities' role in… with respect to what are… I guess, are seven-foot-tall boxes? You called it permit. Is that the same as zoning?"
"Well, I guess it's similar. So, the way the Bill is originally draft… was drafted with the eminent domain and some of other provisions in there, the municipalities… the Municipal League indicated to us that they read that where AT&T would be able to come into their towns and they would be the ones to determine where these boxes would go. So, we worked with the Municipal League on language and now the Municipal League will have the… total control of their rights-of-way. So, they'll be the ones that will determine… and I guess, they… they have to go to the towns to pull the permits when they're building these boxes and when they're upgrading their networks. So, when they go to the municipalities and try to pull the permits, they'll work with the towns, but the towns will have the authority to determine where those boxes should be placed."
"Okay. So, that has to do with where the boxes are placed, but is there also something in the Bill… and this is 09500065.doc 246 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 why I think is directly on point to the e-mail I received today. Is there something in the Bill that says that municipalities' standards may only require AT&T to use the smallest suitable equipment enclosures and power pedestals and cabinets then in use by the holder for the application? In other words, if they're seven (7) feet, that's all they can re… I mean, they have to be willing to accept whatever then in use is?"
"Representative Hamos, I… I don't recall that language ever being presented in… in our meetings. I… I know we have asked AT&T to, you know, hopefully, in the… in the future those boxes will get smaller and they'll be less burdensome and… and obviously, much smaller in size and they said they would do that. But I don't recall that language ever being presented in our meetings or asking us to put that in there. And we have worked with the Municipal League from the very beginning. So, I… I'm not sure who sent you that e-mail, but I don't recall ever receiving that."
"Well, again, I think that this was from a very knowledgeable person who represents… who's a president actually of one of the municipalities. And I think the issue here, Representative, and I'm… I'm going to support this Bill, I did in committee this morning, but I think the concern was that maybe the industry in this specific case the company, AT&T, has not wanted to… felt the pressure to, create technology… or the… or these boxes that were less intrusive and that maybe through this whole process we might have been able push them to… to do that. And that municipality cannot really require them to use a smaller box 09500065.doc 247 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 because this is what it is, but that they have a… there's a limit to what a municipality can do with respect to this. And in fact, one day there may not be eminent domain, but that our constituents will wake up and see these fairly intrusive boxes and we might have done better in pushing for something smaller. And you're telling me that didn't come up, but I think it's still an issue. And I think we should be aware that our… we might hear from our constituents about that and we may need to stay on top of that."
"We've had four (4) in support and three (3) in response. Representative Meyer, you're next. Do you know which side you'd like to speak on?"
"Thank you, Mr. Speaker. I stand in strong support…"
"Okay."
"…of this legislation."
"Proceed."
"Ladies and Gentlemen of the House, what I wanted to do was to start off by talking about what this Bill is and what it is not, or perhaps reverse that. We have heard today bandied about on the House Floor the names of a couple of different companies. This Bill is not about companies. This Bill is about com… the policy… developing the policy to bring competition to the State of Illinois in telecommunications. Twelve (12) years ago when I was down here in… appointed on to the Telecommunications Committee, somewhere in that twelve-year frame of reference, we talked about competition between the ILECs and the CLECs to bring telephone competition to our communities. Much of that work is… is transpired and been very successful. If you think 09500065.doc 248 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 back twelve (12) years ago we had high long distance rates, yet. Today, you can call across the country for five cents ($.05). So, we have a… achieved a great deal during that time. But now we get in our… our mailboxes additional… a new kind of a competition. We get a brochure that has on it a picture of a telephone, a computer, and a television set. And a true competitor into the next ten (10) to fifteen (15) to twenty (20) years is going to be that company which can provide all three (3) of those services in a bundled… in a bundled product. And that bundled product, of course, will be able to be given to you as a consumer at a cheaper level than if you bought those individual components and paid for them individually. So, I believe that no matter what, we are going to bring some type of competition, in particularly those areas that will be serviced. And today, we're dealing with two (2) different typ… technologies and tomorrow, we may be dealing with a technology that we haven't even thought of today. And we have to have a policy which will allow us to bring that technology into the competitive environment that we offer the consumer in this state. I believe that this legislation does just that. It is certainly an extremely good start at doing that. And is it going to have to tweaked, yes, it will have to be. And that’s why the Sponsor built in a six-year revisiting of the… of the programs that… of this policy. I would be very remiss if I didn't thank the Sponsor for the way he's dealt with our side of the aisle, the Members of our caucus that are on that committee. I've felt that he's been extremely open with us. Never have I had to ask twice about where was 09500065.doc 249 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 negotiation, what was his position on issues, what were the competitors position of issues. We were invited into a number of the meetings that were… were held. I never felt that we would be excluded from any of them. And I, truly, as a spokesman of the Telecommunication from our side of the aisle, thank the Sponsor for that way of operating that committee. And I believe that it's in the best interest of this state to pass this legislation. And I stand in firm support of it. And thank you for the opportunity to serve with you on it."
"We've now had five (5)… the full compliment of five (5) in support and three (3) in response. Representative Crespo, would you like to speak in response."
"Thank you, Speaker. And I also wanted to thank the… the Representative for carrying this Bill. I think I bring a different perspective to this. As a former trustee in Hoffman Estates, that actually that's where AT&T has their headquarters. And we've been in negotiations with AT&T in getting this out there. I've seen the boxes that we're all talking about. And I know it wasn't simple and this Bill's so much better than what it was when it first started, Jim, and I think the fact that you even have Comcast pretty much going neutral on this is a big accomplishment. I think AT&T has done a fantastic job as well in responding to all this. That… that said, though, I do have some concerns and I… I think I can echo some of the things that were said earlier. There was a very aggressive campaign out there through TV for us, whatever that group was called, and they set expectations to a lot… a lot of our… our constituents. I 09500065.doc 250 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 think we've all received letters, post cards, telling us vote for House Bill 1500… I'm sorry, Senate Bill 678 now, because it's going to bring competition. We want prices to go down. And those expectations were set. My concern is that when I go back to my district and… and I'm going to support this Bill, by the way, folks are going to say, 'great, you voted for it, so now I expect to see (a) competition in the district; (b) I expect my rates to go down.' That's not going to happen. Best case scenario we're going to have a 30… 35 percent build out in their service territory in three (3) years, maybe 50 percent in five (5) years. And I think some of the other Representatives mentioned the same thing. We need to manage the expectations, folks. And I hope the press listens to this very carefully and get the word out there. Competition is good; this is a good Bill for labor as well, we know that. But our constituents need to understand that competition is not going to happen overnight. It's not going to happen next year. Might or might not happen in three (3) years. And if it does happen in three (3) years, we're still going to have 65 percent of the folks who can't get the service yet. And I just don't want them looking at me and say, 'Fred, you voted for this, you told me we were going to get competition and rates were going to down because that's not the case.' It should happen. Competition actually does that, and we hope it does. And we hope the climate is a lot better and we bring other folks besides AT&T. But we need to make sure that we manage those expectations. We also need to understand, folks, we've 09500065.doc 251 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 talked about the boxes and I think those boxes with time will be a lot smaller. They are big; they don't replace the current boxes, they go next to the boxes that they currently have. And there's another little power box that goes right next to it. So, you might hear something from your constituents. But again, it's just managing expectations. So, we need to make sure that our people in the state understand that it's not going to happen overnight, I hope it does happen. And I think that it will. But again, congratulations to the Representative for carrying this Bill; it was a tough Bill. And I think he did a fantastic job and at the end of the day I think it will work and let's hope it works. Thank you."
"Representative McCarthy, there's…"
"Thank you, Mr. Speaker. I just would like to add my congratulations to the Chief Sponsor of the legislation. I think his determination to see this project through is very exemplary. I think his patience with all the people that were involved in this, all the interested parties, was basically overwhelming. But I do want to say one thing for the press and for the people of our state. Those of you who have been writing us and e-mailing us and calling our offices and asking for HB 1500 for the last two (2) or three (3) months, this is HB 1500. This is the competition that you asked for, the product has been delivered. As Representative Crespo said, none of us are promising this is going to be here tomorrow or next week or next month. It's going to take some time like any other thing. But we're on the road to competition. I think we got a great Bill to 09500065.doc 252 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 move forward with. I think this is a great service to the State of Illinois. And I think everyone should vote 'aye' on the measure."
"Representative, under the rules of debate we've now had five (5) on each side. And so, Representative Brosnahan to close."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I appreciate the questions and the debate we've had. Obviously, I… I think we have a wonderful opportunity today to bring competition to the cable market. Again, we worked very hard on this legislation. I want to thank everybody and I'd just appreciate 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? Representative Hoffman, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Representative Bassi, for what reason do you rise?"
"(Sings with May, Tracy, Nekritz & Ryg)."
"Mr. Clerk, read Senate Bill 314."
"Senate Bill 314 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Lyons, has been approved for consideration."
"Representative Lyons on the Amendment." 09500065.doc 253 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Thank you, Mr. Speaker. The Amendment basically highlights the request put in by IDOT, so the Bill addresses the issues concerned with basically urban areas, not IDOT projects. I'll be happy to explain the Bill on Third Reading."
"Is there any discussion? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Mr. Clerk, read the Bill."
"Senate Bill 314, a Bill for an Act concerning roads. Third Reading of this Senate Bill."
"Representative Lyons."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 314 amends the Illinois Highway Code. It provides that bicycles in pedestrian ways shall be given full consideration in the planning and development of transportation facilities, special emphasis given on projects within one mile of an urban area. And there's plenty of exemptions that IDOT requested. And it was put in part of the process that we did, both in the Senate and in the House which will accommodate concerns by IDOT which takes them from being an opponent to being neutral on the Bill. There are plenty of exemptions for the Bill. If IDOT finds it's contrary to their… their projects, if there's need to… costs would be prohibitive or other available means would… would show an absence of need. This basically just permits good planning for the future highways of Illinois 09500065.doc 254 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 that include bicycle, pedestrians, and disabled. I'd be happy to answer any questions."
"Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 2 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Molaro, for what reason do you rise?"
"A point…"
"You going to sing a song too?"
"No, no. A point of order, I'm going to say that. That's two (2) songs, that's about enough. I don't want to listen to the whole COWL Caper. And I'm going to threaten this Body, the next person who sings, then I'm going to sing my song. And that's a… that's a threat."
"On page 6 of the Calendar, under the Order of Senate Bills-Third Reading, is Senate Bill 8. Mr. Clerk, read the Bill."
"Senate Bill 8 is on the Order of Third… Senate Bills-Third Reading."
Speaker Hannig: "So, Representative Chapa LaVia, the Clerk advises me that there's a Floor Amendment. You want to move it back? So, Mr. Clerk, move this back to the Order of Second Reading. And any Amendments?"
"Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Mulligan, has been approved for consideration." 09500065.doc 255 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Representative Mulligan on the Amendment."
"Thank you, Mr. Speaker. What this Amendment does is it adds a small section in the part that allows the state to go ahead and hire a contractor to provide services for posttraumatic stress. What we want is that the contractor… any contractors… any contracts entered into by the department must be within individuals and entities preapproved by the U.S. Department of Veterans' Affairs and must be for the provision of services preapproved by the U.S. Department of Veterans' Affairs. Illinois has decided to go ahead and pay for a program for posttraumatic stress. And what we would like is the Federal Government to pay for it and we think they will pay for it. So, what we're trying to do is make sure that any program that Illinois approves is approved by the VA so that when the money comes through we can either get matching funds or get the total payment for it. And that's all it does."
"The Lady moves for the adoption of the Floor Amendment. And Representative Watson, are you requesting to debate the Amendment? Representative Watson? Okay. All in favor of the Lady's Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. And the Amendment is adopted. Any further Amendments?"
"No further Amendments. All Motions have been filed."
"Third Reading. Mr. Clerk, read the Bill."
"Senate Bill 8, a Bill for an Act concerning veterans. Third Reading of this Senate Bill."
"Representative Chapa LaVia." 09500065.doc 256 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Thank you, Speaker and Gentlemen and Ladies of the House. I'd like to first thank Representative Mulligan for helping me with some language on that Amendment. I think it's very clear that her intentions are just as mine, that we make sure that the Federal Government does pay… pay for the portion of this Bill that has to deal with posttraumatic stress. So, I really do commend her for working with me on that. We discussed the Bill the other day, there is a… I did put in a fiscal note just so the disclaimers are out there. The Department of Veterans' Affairs, I put in a fiscal note on the first portion of this Bill having to do with the nursing… the Nurses Loan Repayment Program and what I got back from the director is that… has included in the FY08 budget request two hundred and forty-four (244) registered nurses and licensed practical nurse… nurse positions for operation of the veterans' homes at a maximum, if all, two hundred and forty-four (244) budgeted direct care staff were eligible for the five thousand dollar ($5,000) grant. That… that would be one million two hundred thousand (1,200,000) would be necessary to fund the Nurse Loan Repayment Program for FY08. Key budget initiatives of the agency include increased head count and funding to sustain a census of 95 percent of bed capacity at each veterans' home by the end of fiscal year 2009, which is very great because they're giving us finally milestones or goals in which we can make sure that the department is reaching the understaffing problem as well as to staff the fund… the ninety-bed expansion in the Illinois Veterans' Home in LaSalle. The agency struggles to compete with private 09500065.doc 257 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 industry employers who often sign on bonuses for nurses. The nationwide nursing shortage also presents a challenge to the agency to fill direct-care positions to provide the maintained minimum hours of care for residents for our veteran' home. In order to find long care… term care for our deserving veterans, the agency must recruit and retain direct-care staff. So, that was one part of the portion and the other being the posttraumatic stress in which, once again, I commend Representative Mulligan for helping me out there. And I request an 'aye' vote."
"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mautino and Hoffman, 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 Stephens, you have Senate Bill 82. Mr. Clerk, read the Bill. Mr. Stephens, we have to move the Bill back to Second for some Amendments. So, Mr. Clerk, return the Bill to Second Reading. Are there any Amendments?"
"On Senate Bill 82 there are three (3) Floor Amendments that have been approved for consideration, offered by Representative Stephens. Floor Amendment 1, 2, and 3."
"On Amendment #1, Representative." 09500065.doc 258 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"I'd like to table Amendments #1 and 2 and go to #3."
"Okay. So, we'll withdraw Amendments 1 and 2. And now, on Amendment #3, Representative Stephens."
"Thank you, Mr. Speaker. Amendment 3 to Senate Bill 82 is an agreement between the Veterans Service Organization, such as the VFW, Purple Heart… VFW, Purple Heart Association and others. And it creates a new fund which will be funded by one cent per dollar appropriation equal to 1 percent of an amount… the amount that these service organization service officers garner on behalf of a disabled veteran with a VA claim. These service officers act under… under their own direction at… on behalf of veterans who can't get to these hearings. The… the purpose of the Bill is to create a fund that someday will be funded and when it is, those dollars will then go to hire more service officers… service officers who working for the VFW or other organizations that are chartered for such business as they represent disabled veterans before the Veterans' Administration boards. I would be glad to respond to any questions. And I would move its favorable passage… adopt…"
"Any discussion?"
"…adoption."
"Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Mr. Clerk, read the Bill."
"Senate Bill 82, a Bill for an Act in relation to veterans. Third Reading of this Senate Bill." 09500065.doc 259 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Representative Stephens."
"Thank you, Mr. Speaker. I… I… this is the Bill with the Amendment that we just discussed. One further note, there was… there is language in here clarifying that nothing that these service officers do in anyway is related to or replaces work done by the Illinois Department of Veterans' Affairs service officers. Those service officers prepare the claims and then the veterans' service organizations, the VFW and others, then take those claims and represent… use them to represent various disabled veterans as they appear before the VA boards. Be glad to answer any questions and I move… questions and I move its favorable passage."
"This is on the Order of Short Debate. And in response, the Gentleman from Cook, Representative McCarthy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he'll yield."
"Representative Stephens, I had understood… and I think I remember this correctly, when I… I spoke to Director Duckworth, that originally the Bill called for one penny on the dollar and that the agreement had been made that it was going to be a half a penny on the dollar. Is that… am I off or… 'cause it looks to me like it's still a penny?"
"Yeah. Yes. And let me tell you why. There… there's some confusion originally that this money would come out of the Department of Veterans' Affairs. Well, the VFW and the Purple Heart Association and the DAV, nothing is further from their minds. They don't want to take one dime away from the Department of Veterans' Affairs. That… that's not what they are about. They want to create this fund… and the 09500065.doc 260 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 reason it's at 1 percent is that, which is the original language that was sent from the Senate, is that this creates a whole new fund. It needs to be appropriated to, it… that money would… what the veterans' organization are asking is they want to take that argument to the appropriations process, through the Governor's Office, and fund it at 1 percent."
"Okay."
"And there are no losers. It would be a decision by the General Assembly with the Governor concurring that they would create this new fund. And… so that there was an agreement, Representative, of…"
"So, the agreement would be the one cent ($.01) that's in Amendment #3?"
"Yes."
"Okay."
"And Rep… Tammy Duckworth…"
"And the opposition…"
"…and the department are neutral because it doesn't affect their budget at all."
"Okay. Well…"
"And this is a whole new fund and it needs to be appropriated to."
"Okay. And our analysis shows the department is still an opponent. But I understand that that's no longer true. They are neutral, correct?"
"I personally spoke with Director Duckworth… I… you know…"
"I did too. So…" 09500065.doc 261 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"…either today or yesterday, they're running together, you know.'
"Okay."
"But she… they are… they are neutral and because they have no interest within their department in the Bill."
"Okay."
"But doesn't affect their department at all."
"Okay. Well, thank you. And I know this was near and dear to your heart and… so, I appreciate you taking the time to work with them and get this ironed out because it's certainly something all of us want to support."
"There… there was much cooperation around the table. Thank you."
"Thank you."
"Any further discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is now 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 Lang, do you wish us to read Senate Bill 144? Read the Bill, Mr. Clerk."
"Senate Bill 144, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
"The Gentleman from Cook, Representative Lang."
"Thank you, Mr. Speaker, Ladies and Gentlemen. Senate Bill 144 does a few things. It raises the lifetime cap on the individual's use of the CHIP Program. And it also adds 09500065.doc 262 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 language that passed the House in House Bill 2285 on May 15 with a vote of 113-1, which strikes a provision in the CHIP plan that excludes coverage for oral contraceptives. It also adds coverage for various preventative health screenings for mammograms, pap tests, et cetera. That portion of the Bill did pass this House 113-1. The… I believe this is a completely noncontroversial Bill with no opponents. I would ask your support."
"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative May, you have Senate Bill 158. Mr. Clerk, read the Bill."
"Senate Bill 158 is on the Order of Senate Bills- Third Reading."
"Okay. So, I'm advised Representative May we have a Floor Amendment? So, we'll return the Bill to the Order of Second Reading. And Mr. Clerk, are there any Amendments?"
"Senate Bill 158, a Bill for an Act concerning liquor. The Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative May, has been approved for consideration."
"Representative May." 09500065.doc 263 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Yes, thank you. In the presentation of this Bill the other day, several of the lawyers on the floor had some questions about the underlying law, so we agreed to change it. And I certainly want to thank Representative Reboletti and the Republican staffer, Kathy Bruns, who with a great, you know, consideration and meeting of the lawyers on this came up with the winning language that addressed the concern. We've deleted the portion that talks about failing to control access to the house and the liquor therein and replaced it with, consumption of alcoholic liquor by underage invitees. Very… making it very clear that it's not access to the house or the… you know, if you leave an unlocked cabinet around. It is absolutely, directly related to the consumption of alcohol."
"Is there any discussion? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Mr. Clerk, read the Bill."
"Senate Bill 158, a Bill for an Act concerning liquor. Third Reading of this Senate Bill."
"Representative May."
"Yes, thank you. Senate Bill 158 amends the Liquor Control Act. And for a parent or guardian that knowingly permits his or her residence to be used by someone to… who is invited to their home in a manner where they consume alcohol and if it results in great bodily harm then they would change the… the penalty from a Class A misdemeanor to a… to a felony. And that's just one step up. This is the result 09500065.doc 264 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 of sort of a rash of deaths of our… our prime teenagers, our high school students who are being killed. There was a situation in my district where two (2) teenagers were killed after a homecoming party. The parents provided the alcohol knowingly and it certainly resented… resulted in great bodily harm deaths. So, there have been a lot of people who are working on Bills like this, I know Leader Cross had a similar situation. And I think it's time that we… we talk about waking up and smelling the coffee. We need to wake up and smell the alcohol. It's not okay to allow underage drinking in our home. And I urge support."
"This is on the Order of Short Debate. And on that question, the Gentleman from Jackson, Representative Bost."
"Thank you, Mr. Speaker. First off, I'd like to thank the Representative for the work that she's done on this, to get the language where it truly does do exactly what we're supposed to do. I don't think there's anybody in this chamber who would say, hey, it's okay to go ahead and give underage youth alcohol and then endanger their lives and the lives of others. Want to make sure that the language is right, they did a great job of working with staff to get that accomplished and I think it does exactly what we're supposed to do. And I do rise in support of the Lady's Bill."
"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? 09500065.doc 265 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 Representative Scully, 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. I inadvertently passed over Senate Bill 124. Representative Colvin, do you wish us to read that Bill? 124? Out of the record. Representative Franks, it's my understanding you're going to handle Senate Bill 175? So, Mr. Clerk, read the Bill."
"Senate Bill 175, a Bill for an Act concerning public aid. Third Reading of this Senate Bill."
"Representative Franks."
"Thank you, Mr. Speaker. Senate Bill 175 authorizes the Department of Healthcare and Family Services to institute an outreach program to create Awareness of Energy Assistance Programs targeting low income minority and senior heads of households. But we… it's supported by AARP and the Illinois Community Action Association and there are no opponents. I'd 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? Representative Wait, McAuliffe, 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 Mathias on Senate Bill 229. Mr. Clerk, read the Bill." 09500065.doc 266 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Senate Bill 229, a Bill for an Act concerning civil law. Third Reading of this Senate Bill."
"Representative Mathias."
"Thank you. Senate Bill 229 basically changes the Code of Civil Procedure, it amends the supplementary proceedings in order to really bring it up and modernize it. In the past, I've done work in that area and I know there were items that needed to be mod… modernized and made sure they were brought up-to-date in the… in the criminal… I'm sorry, in the Civil Code. And I ask for 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? Mr. Clerk, take the record. On this question, there are 112 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Hoffman has Senate Bill 266. Out of the record. Representative Gordon has Senate Bill 337. Mr. Clerk, read the Bill."
"Senate Bill 337, a Bill for an Act concerning civil law. Third Reading of this Senate Bill."
"Representative Gordon."
"Thank you, Mr. Speaker. Ladies and Gentlemen, this adds the terms 'fetal alcohol syndrome' or 'fetal alcohol effects' to the definition of 'disabled person' under the Probate Act for purposes of guardianship in an estate. It's… there's… there's no opponents. This was a situation that occurred in Senator Harmon's district. I would 09500065.doc 267 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 encourage an 'aye' vote. But I would be happy to answer any questions."
"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Tryon and 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 Hoffman has Senate Bill 363. Out of the record. Representative Mathias on Senate Bill 380. Mr. Clerk, read the Bill."
"Senate Bill 380, a Bill for an Act concerning caller identification. Third Reading… Third Reading of this Senate Bill."
"Representative Mathias."
"Thank you, Mr. Speaker. Senate Bill 380 provides that… it makes it illegal to use any caller ID equipment which would replace the caller's real name and phone number with a false name. In other words, when you're receiving a call and you… you expect your caller ID to give you the correct information. And there is equipment out there that falsifies that and this would make that illegal. And I ask for 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 09500065.doc 268 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 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 May, you have Senate Bill 382. Mr. Clerk, read the Bill."
"Senate Bill 382, a Bill for an Act concerning local government. Third Reading of this Senate Bill."
"Representative May."
"Yes. Thank you, Speaker and Ladies and Gentlemen of the House. Senate Bill 382 amends the Municipal Code to allow municipalities to establish local standards for the review of exterior design of buildings and structures. It is permissive for the villages and municipalities who designate a board or a commission to implement the review process; very similarly to how Historic Preservation Commissions work. And you may not know, I started out my public service on a Historic Preservation Commission. And there are guidelines and rules that go along with it. The… currently, municipalities defend their design review regulations on a case-by-case basis in the courts. And this Bill grants them the authority to express it… to establish these regulations. It would establish clear and objective standards and guidelines that would assist builders and developers, similarly to a Unified Building Codes and zoning ordinances. As I say, there were court cases both for and against, the most recent ones in favor of the municipalities. So, a… the Municipal League and a wide 09500065.doc 269 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 variety of communities got together, including Bannockburn, Glencoe, Grayslake, Highland Park, Hinsdale, Kenilworth, Lake Bluff, Lake Forest, Long Grove, Naperville, Northbrook, Schaumburg and Skokie to have… to draft this legislation. It is supported by the Municipal League, the Northwest Municipal Conference, the Illinois Realtors Association, the City of Chicago, the City of Lake Forest and the City of Aurora. There is no known opposition and I think it's good to give these tools to our municipalities. I ask for an 'aye' vote."
"This is on Short Debate. The Chair recognizes the Gentleman from Vermilion, Representative Black."
"Thank you so much, Mr. Speaker. I have an inquiry of the Chair."
"State your inquiry."
"Yes. I didn't hear all of the names of the cities that she mentioned. I wonder if she could read them over? Does she have a map? I think she got every city in the state. My… my inquiry of the Chair is, could we just put all of the Representative May and Representative Mathias Bills on one Roll Call and just do them on one Roll Call? We'd save a lot of time, okay? Other than that, I have no questions. She explained this Bill so thoroughly that I fell asleep."
"Representative Winters."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates she'll yield."
"As I understand it, at least as our analysis puts it, this is for non-Home Rule communities? That the Home Rule municipalities already have it, have this power?" 09500065.doc 270 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"That's… that's as I understand, yes."
"You missed one major city that is a non-Home Rule community. Did you get any impact or any feedback from the City of Rockford?"
"Representative, I was just listing the communities that worked on developing this legislation. So, I guess no one from Rockford came in for all of the meetings."
"And the ones that you listed are all non-Home Rule?"
"I'm not really sure of all of them. They're not all in my district. Yeah, yeah."
"Okay. I was just… I was just curious if in verifying that, in fact, it was for non-Home Rule communities?"
"Yes."
"Thank you."
"Representative May to close."
"Oh, I ask for an 'aye' vote. Thank you."
"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? 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. On page 8 of the Calendar, under Senate Bills-Third Reading, Representative Jakobsson, you have Senate Bill 393. Mr. Clerk, read the Bill."
"Senate Bill 393, a Bill for an Act concerning vehicles. Third Reading of this Senate Bill."
"Representative Jakobsson." 09500065.doc 271 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 393 amends the Illinois Vehicle Code by changing provisions that restrict the operation of certain electronically-operated powered four-wheeled motor vehicles and defines those vehicles as 'neighborhood electronic… electric vehicles'. It makes restrictions available to certain gasoline-powered, four-wheeled motor vehicle with an engine displacement under 1,200 cubic centimeters and changes the term to 'neighborhood vehicles'. The Bill expands the definition of a 'neighborhood electric vehicle' by removing 'electric' from the term. Currently, a person is restricted from operating a neighborhood electric vehicle on any street, highway or roadway. And this would… current law provisions and restrictions for operation of neighborhood electric vehicles making them applicable to self-propelled gasoline-powered, four-wheeled motor vehicles with an engine displacement fewer than 1,200 cubic centimeters."
"The Lady's moved for the passage of Senate Bill 393. And on that question, the Gentleman from Vermilion, Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"She indicates she'll yield."
"By golly, now we're getting somewhere. We're going to show the OPEC nations what we're going to do to them. We're going to allow neighborhood vehicles. I… I'm looking at the Bill. A neighborhood vehicle is a self-propelled electronically-powered, four-wheeled motor vehicle or, this 09500065.doc 272 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 is language you've added, or a self-propelled gasoline- powered, four-wheeled motor vehicle with an engine displacement of under 1,200 cubic centimeters ta da dada dada. Do these vehicles have to be licensed?"
"This doesn't change the law. I know there were some… there were some questions when this came to committee. And… and so I don't believe there's anything different."
"Well, in the underlying Bill it says if a roadway is under the jurisdiction of more than one unit of government, neighborhood vehicles may not be operated on the roadway unless each unit of government agrees and takes action. So, you live in Urbana and unless Champaign agrees, if you cross into Urbana… or no, if you cross into Champaign, you're in trouble. Both… both cities would have to have the same ordinance. And I don't see any language in here about title or… or license plates. If you're on the street, I thought it had to be licensed?"
"Operation of… let's see, it's unlawful for any person to drive or operate… well, let's see that was an all- terrain vehicle or an off-highway motorcycle. Except as otherwise provided in this Section, it's unlawful for any person to drive or operate a neighborhood electronic vehicle upon any street, highway, or roadway in this state."
"Does that mean it has to be licensed? I mean, motorcycles have to licensed, motor scooters have to be licensed. I'm just trying to figure out what license category this may fall under. And I don't see the language in the Bill. So, I don't know if there's another chapter that says it would have to be licensed or… or not." 09500065.doc 273 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Let's see… the current… I can tell you what the current golf cart restrictions are. No neighborhood electric vehicle may be operated on a roadway, unless at a minimum it has the following: and it tells us what it needs, brakes, steering apparatus…"
"No, I… I see all that. Now, you know the word 'electric' has been crossed out because you're adding gasoline-powered? Do you have to have a driver's license to operate this neighborhood vehicle?"
"Representative, I don't have the answer to that question. This is requested by the University of Illinois to have these vehicles be used by the campus parking and the campus mail distribution units and the range of the electric vehicle is not compliable with this type of use. And so they just want to be able to use the gasoline-powered ones."
"Okay. So, I… I would assume that you'd have to be a licensed driver to drive this vehicle? I…"
"Yes. I believe you are correct…"
"All right."
"…in that assumption."
"Okay. And would the university… well again, the… the Bill is silent. I assume you have to have insurance, because you could be subject to liability, correct? And I'm not opposed to your Bill, Representative. I just want to make sure we know what we're getting into. I think you have to be a licensed driver. I don't think you have to be… have a license on it because it isn't a registered vehicle, but I would assume there would have to be some kind of insurance in case somebody runs into the vehicle or on a heavily 09500065.doc 274 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 populated campus like the University of Illinois, the vehicle runs over somebody. Well… I, you know, I… I'm not going to press you for an answer. I… I favor the Bill. But I… I would urge you to find out or have the university find out. Our staff feels that number one, you do have to be a licensed driver, it doesn't need a license plate because it won't be registered as such…"
"Representative, could you bring remarks to a close, please?"
"Yes, my battery just ran out. Thank you."
"Representative Rose."
"Thank you. The Lady yield for a question?"
"She indicates she'll yield."
"I… I'm sure I misheard this, but did you say that… that this Bill doesn't change the law?"
"It doesn't change what the… what is already in current law for the electric vehicle, except that it makes it a neighborhood vehicle."
"What… Okay. So, what… so, it does change the law to make something a neighborhood vehicle. What does it make a neighborhood vehicle?"
"Now, it would be the electric… the electronically powered, four-wheeled motor vehicle and the gas powered."
"And this is for campus parking?"
"This would be used by the university for campus parking and for mail distribution units."
"So, as to the campus parking unit this will allow them to write more tickets?" 09500065.doc 275 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Well, maybe you should make sure you put your money in the meter when you're on campus."
"Well, but… I mean, a student running late to class would get ticketed more easily if this Bill passes."
"We're not addressing that."
"Okay. All right. But wait, Mr. Speaker, if I could request of the… of the ratio controller to leave the ray shield down because when it was up my screen washed out, I couldn't see if the speak light was on. I would just be… I'm being serious, you can't see anything when it's up. We can leave the ray shield down until dusk. Thank you."
Speaker Hannig: "But… but all your fans on the Internet, Representative, like it so much better when they can see you. Representative Sacia."
"Thank you, Mr. Speaker. I… I try to come to the Lady's defense here. Last year, I had the privilege of carrying Senate Bill 25, which was the Bill that authorized electric vehicles. They do have to be registered, they do have to be licensed, you do have to have insurance. If there's any other questions directly to the neighborhood vehicles, I think I could help you answer them. Be glad to do that."
"Any further discussion? Then Representative Jakobsson to close."
"Thank you. This Bill, as I said, would expand the neighborhood electronic vehicle by remove… law be removing 'electric' from the term. According to the university, they have operated eight (8) electric vehicles in the fleet since 2004. By changing this, it would allow them to have less expensive gas-driven vehicles and I urge an 'aye' vote." 09500065.doc 276 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"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? Mr. Clerk, take the record. On this question, there are 111 voting 'yes' and 4 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. So, Mr. Clerk, what's the status of Senate Bill 526? Are there rules that… are there Amendments that are out of Rules?"
"Floor Amendment #3 was filed today, has not come out of committee yet."
"Out of the… out of the record. What about… moving down the Calendar to Senate Bill 546. Representative Brosnahan, do you wish to read this Bill? Out of the record. Representative Saviano on Senate Bill 573. Representative Bost, did you wish to handle that?"
"Yes, Mr. Speaker, an inquiry of the Chair."
"State your inquiry."
"You know, we were out here 'til 1:30 last night and I know, you know, we've been kind of waiting and listening to what's going on in the Senate… oh wait, there's nothing go on in the Senate from what we understand. And you know, a lot of us are just kind of wondering… we're beginning to fall asleep at our desks, trying to figure out where we are. What are our intentions tonight? Can… can we get that… can we get that information?"
Speaker Hannig: "I… I think, Representative, we're… our intentions are…"
"Hold on…" 09500065.doc 277 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"…are just to continue to read and… and debate Senate Bills."
"…to… 'til the time that life ends or… I mean, just…"
"We'll… we'll continue to go, I think for a while, Representative. But we'll get back to you with a more exact time."
"All right. Thank you."
"Representative Golar on Senate Bill 574. Mr. Clerk, read the Bill."
"Senate Bill 574, a Bill for an Act concerning regulation. Third Reading… Reading of this Senate Bill."
"Representative Golar."
"Thank you, Mr. Chair, Members of the House. Senate Bill 574, this Bill addresses the day-to-day operations of CILAs, community-integrated living arrangements. A small task force or group made up of a small group of providers put together the following recommendations: to increase nursing services in community settings, to discuss and put together a rate methodology. This Bill is subject to appropriations. I ask for a favorable vote. Thank you."
"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 Ryg, Molaro, May, 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 Fritchey on Senate Bill 593. Out of 09500065.doc 278 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 the record. On page 9 of the Calendar, Representative McGuire, you have Senate Bill 647. Do you wish us to read that Bill? Mr. Clerk, read the Bill."
"Senate Bill 647, a Bill for an Act concerning public employee benefits. Third Reading of this Senate Bill."
"Representative McGuire."
"Thank you, Mr. Speaker. Senate Bill 647 is a companion Bill, a duplicate of a Bill that I had earlier in the spring, it was House Bill 804. And what it does, it allows the employees of the City of Joliet, or any other employees of the city I suppose, but it's primarily for the employees of the City of Joliet who are veterans to buy more time on their pension based on their time served in the… in the armed forces. And it doesn't require any contribution. The individuals contribute the contribution for themselves and for the city and the Municipal League was certainly glad to hear that. And I don't think anyone stands in opposition, so I'd appreciate your 'aye' vote. Thank you."
"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 Brady, 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 Franks on Senate Bill 662. Do you wish us to read this Bill? Okay. So, out… out of 09500065.doc 279 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 the record. Representative Coulson on Senate Bill 671. Do you wish us to read this Bill? Out of the record. Representative Winters on Senate Bill 673. Out of the record. Representative Golar on Senate Bill 697. Do you wish us to read this Bill? Okay. Out of the record, Mr. Clerk. Representative Mendoza on Senate Bill 710. Mr. Clerk, read the Bill."
"Senate Bill 710, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
"The Lady from Cook, Representative Mendoza."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 710 is a DNA Bill that requires that DNA samples be taken from sex offenders who are convicted and currently enrolled… or I should say, currently inmates at correctional centers, that those DNA samples be taken within 45 days of their incarceration, rather than what the current law says, which is at any time prior to their release. I think that based on evidence that we've seen, especially in the area of exonerations, it's better to get the DNA sample as soon as, close to either the point of arrest or a conviction as, possible. Some of these inmates serve multiple year sentences and if we wait years to collect that DNA sample we might either be missing possible exonerations or wrongful convictions from other folks who are sitting behind bars for crimes they didn't commit. So, a very simple Bill. Just moves up the deadline for the taking of the DNA sample. And I would ask for an 'aye' vote."
"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this 09500065.doc 280 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 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 Howard and Collins, 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… Mr. Clerk, read Senate Bill 729. So, Representative Jakobsson, we're going to move the Bill back to Second for the Amendment. So, Mr. Clerk, are there any Amendments?"
"On Senate Bill 729, Floor Amendment #1, offered by Representative Jakobsson, has been approved for consideration."
"Representative Jakobsson on the Amendment."
"Thank you, Mr. Speaker. House Amendment #1 addresses some of the concerns that were expressed when this was heard the other day… a couple of days ago. And it inserts an immunity section for public institutions of higher learning and clarifies certain provisions. Public institutions of higher learning are immune from any lawsuit arising from expression made in campus media, except for the institution zone expression. And the Amendment clarifies that expressions by student editors and journalists or other contributors are not an expression of campus policy or speech attributable to a public institution of higher learning. It also lists obscenity and incitement as examples of speech that aren't constitutionally protected and therefore, not covered by this Bill." 09500065.doc 281 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"So, the Lady moves for the adoption of the Floor Amendment. And on that question, the Gentleman from Crawford, Representative Eddy. Okay. The Gentleman does not seek recognition. 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. Mr. Clerk, read the Bill."
"Senate Bill 729, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"Representative Jakobsson."
"Thank you again, Mr. Speaker. Senate Bill 729 creates the campus… the College Campus Press Act, which prohibits public officials of state universities and public colleges from reviewing campus media because it is a public forum for expression by student journalists and editors. Campus media is any matter prepared, substantially written, published or broadcast by students at a state university or public community college, distributed or generally made available to the student body and prepared under the direction of a student media advisor."
"This is on the Order of Short Debate. And in response, the Gentleman from Crawford, Representative Eddy."
"Thank you very much, Mr. Speaker. To the Bill."
"To the Bill."
"First, I want to thank Representative Jakobsson for pulling the Bill out of the record the other day to address a couple of concerns. I… I think the fact that the immunity section has been instated in the Bill will… will help us if 09500065.doc 282 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 there are any claims as we expand the… I guess, the control of the students and less control for the administration. Also, a couple of examples in the Bill citing obscenity or incitement also helped all of us feel a little bit better about it. I… I… I thank her for that. Whether or not you vote for this Bill and you have the feeling that we should or shouldn't allow this control, I still want to thank her for taking the Bill out of the record and including those things we had concerns about. Thank you."
"Representative Pritchard."
"Yes, Mr. Speaker. To the Bill."
"To the Bill."
"I also compliment the Sponsor for improving the Bill with this Amendment and clarifying some of the concerns that we voiced earlier about protection for the university and yet, giving the students a real laboratory to develop their communication skills. As someone who attended a journalism school and participated in this kind of forum, it's important that students learn and have the opportunity to experiment and yet do it in ways that are consistent with the policy of that newspaper as well as responsible reporting and our freedom of speech. So, I compliment the Sponsor for improving this and would encourage support."
"We're on the Order of Standard Debate. And we've had… already had three (3) speak in support. Representative May, would you like to speak in response?"
"I really have some questions."
"Okay. And that's in response. So, proceed."
"Yes, will the… Okay. The Sponsor will yield?" 09500065.doc 283 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Indicates she'll yield."
"Okay. Thank you. Representative, I… I… I really… I worked on the Daily Illini staff and worked as a newspaper reporter so I really value freedom of the press. But there was an incident that was very… very upsetting to the Jewish community with some anti-Semitic cartoons in the Daily Illini. And I'd just like to see how… how this Bill would… would address that or if there would be some oversight? The… the student editors, obviously, didn't recognize what a lot of people felt was anti-Semitic. So, would this allow the faculty to at least advise them as they're developing their sense of what is libelous, what is scandalous, what is offensive? Are there… are there some safeguards that the faculty can advise?"
"Yes, Representative. The College Campus Press Act, as amended, ensures media advisor involvement by allowing them to play a strong role in guiding student journalists and editors."
"Okay. Then, I thank you. Then, I think this Bill strikes a balance between freedom of the press with some oversight that could ad… advise our… our budding journalists. Thank you."
"Any further discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Sommer, Granberg, Durkin, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 112 voting 'yes' and 2 voting 'no'. And this Bill, having 09500065.doc 284 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 received a Constitutional Majority, is hereby declared passed. Representative Jakobsson do you wish us to read 731? Mr. Clerk, read the Bill."
"Senate Bill 731, a Bill for an Act concerning State Government. Third Reading of this Senate Bill."
"Representative Jakobsson."
"Thank you, Mr. Speaker. Senate Bill 731 amends the Department of Human Services Act to require the agency to conduct a comprehensive study on the needs of women with disabilities who reside in the community and restructured living environment regarding sexual assault and the threat of sexual violence. The study must include a needs assessment during the first year that gathers input from women with disabilities, service providers, and advocacy organizations. The study must inform the development and implementation of educational programs for women with disabilities, including the distribution of informational materials regarding indications of possible occurrences of sexual assault, sexual assault victims rights information, public or private victim assistance programs, and public, private resources available, including through the Office of Attorney General. The Department must also seek federal grants or other available funding for this study. I urge an 'aye' vote."
"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 09500065.doc 285 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 question, there are 115 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority is hereby declared passed. Mr. Clerk, read Senate Bill 593."
"Senate Bill 593, a Bill for an Act concerning civil law. Third Reading of this Senate Bill."
"Representative Fritchey."
"Thank you, Speaker. This Bill is an initiative of countless groups that do work on behalf of individuals with disabilities. We're making some modifications to the Human Rights Acts, semantically replacing the term 'handicap' with 'disability' and expanding and clarifying some other provisions of the Act. The only opposition that we know of was from the department on a cost basis. But we believe that the benefits far out… outweigh any costs. I request an 'aye' vote. Thank you."
"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? Represen… 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 Biggins, you have Senate Bill 735. Mr. Clerk, read the Bill."
"Senate Bill 735, a Bill for an Act concerning local government. Third Reading of this Senate Bill."
"Representative Biggins."
"Yeah, thank… thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 735 is a Bill that 09500065.doc 286 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 affects the Village of Lombard in my district and Representative Pihos, and Representative Reboletti. And if I may read the purpose of the legislation is for the use… establishes a public facilities corporation by the municipality to facilitate the construction, operation, and financing of a convention hall and a hotel. The public facilities corporation would issue bonds to finance the construction of the convention hall, maintain and operate the convention hall and then to convey the convention hall to the municipality upon retirement of the bonds, free of consideration. So, it's… codifies existing Illinois case law in deeming the public facilities corporation an arm of the village. And therefore, exempts from sales and use taxes in construction and furnishing the convention hall as well as exempt from real property taxes relative to the ownership and operation of said hall and hotel. The Bill did pass the Senate without opposition and also so far has not encountered any opposition in this chamber. And I'd be happy to answer any questions anyone may have about the project."
"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 114 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read Senate Bill 697. Clerk, move… move Senate Bill 09500065.doc 287 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 697 back to the Order of Second Reading. And are there any Amendments?"
"Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Golar, has been approved for consideration."
"Representative Golar on the Amendment."
"Senate Bill 697, the Amendment…"
"…on the Amendment."
"The… it's a technical Amendment which corrects an inadvertent drafting error and brings the penalties for aggravated child pornography into link with other sexual predator crimes."
"All in favor of the Lady's Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Mr. Clerk, read the Bill."
"Senate Bill 697, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
"Representative Golar."
"Thank you, Mr. Chairman, Ladies and Gentlemen. Senate Bill 697, it creates the offense of aggravated child pornography and expands the duty to report child pornography. The Bill similarly amends the Code of Corrections and the Sex Offenders Registration Act. The prevalence of manufacturing, trading, and distributing child pornography over the Internet is reaching an epidemic proportions. Law enforcement reports an alarming increase in the number of child pornography videos and images 09500065.doc 288 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 depicting infants and toddlers. Senate Bill 697 will significantly help Illinois law enforcement and prosecutors combat child pornography. The Bill has two (2) main components. The Bill creates the crime of aggravated child pornography if the child portrayed in the pornography is under thirteen (13) years of age, consistent with other Illinois sex crimes which becomes aggravated if the victim is under thirteen (13) years of age. The second component of this Bill creates the Illinois Cyber Crime Location Database, housed within the AG's Office. Individuals convicted of child exploitation offenses will be required to provide the Internet protocol address assigned to their computer at the time the offense and will be required to report the Internet protocol address during their sex annual offender registration. According to law enforcement reports, more than fifty-six thousand (56,000) individuals on the Internet protocol addresses were engaged in trading or distribution of child pornography in Illinois over the past two (2) years. An Internet protocol address is like a computer DNA code, a string of numbers that a computer leaves behind when it connects in the Internet. The Internet protocol addresses have enormous potential for use by law enforcement to find the source of child pornography, they are at a starting point for investigators. By creating the Illinois Cyber Crime Location Database, Illinois becomes the first state in the nation to recognize the critical importance of this data and to compile it to assist law enforcement in our state as well as across the nation in addressing the unconscionable crime of child pornography. I 09500065.doc 289 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 would be happy to answer any questions. And I ask for a favorable '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? 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 Verschoore on Senate Bill 778. Representative Verschoore, do you wish us to read 778? Mr. Clerk, read the Bill."
"Senate Bill 778, a Bill for an Act concerning State Government. Third Reading of this Senate Bill."
"Representative Verschoore."
"Rep… Is there an Amendment on this? We thought there was an Amendment to be called on this?"
"So, I'm advised that, I guess, Representative that there's a Floor Amendment in Rules. So, we should probably just take it out of the record?"
"Right."
"Okay. So, out of the record at this time. Representative Lindner on Senate Bill 831. Representative Lindner, 831? Mr. Clerk, read the Bill."
"Senate Bill 831, a Bill for an Act concerning local government. Third Reading of this Senate Bill."
"Representative Lindner." 09500065.doc 290 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Thank you, Mr. Speaker. This Bill already passed the House as House Bill 224. And it's an initiative of the Kendall, Boone, DeKalb, Grundy, Lake Counties to have a referendum to ask their voters if they want to impose a motor fuel tax. And the… the… if they do, it must be… it is… it shall be used for roads."
"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 67 voting 'yes' and 47 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 10 of the Calendar, under the Order of Senate Bills-Third Reading, Representative Black, you have Senate Bill 853. Mr. Clerk, read the Bill."
"Senate Bill 853, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"The Gentleman from Vermilion, Representative Black."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. The Illinois Community College Board and the Illinois Adult Continuing Education Association suggested this Bill. It changes the minimum age at which a person can take the high school equivalency test or the GED exam to seventeen (17), that age is currently eighteen (18). The change is being sought in order to make the minimum age for the high school equivalency and GE… 09500065.doc 291 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 excuse me, GED exams consistent with the school compulsory age. That's all it does. It does set out some identification language, that I know of no opposition to the Bill. I'll 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? Representative Mautino and Myers, do you wish to 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 Osterman on Senate Bill 942. Mr. Clerk, read the Bill."
"Senate Bill 942, a Bill for an Act concerning health. Third Reading of this Senate Bill."
Speaker Hannig: "The Gentleman from Cook, Representative Osterman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill… Senate Bill 942 is identical to House Bill 1805 that passed recently in Session, was not acted on. The legislation is a subject to appropriation Bill and deals with the CLEAR-WIN Program. It enables the Department of Public Health to establish a lead paint removal program. And again, it's subject to appropriation. I'd ask for an 'aye' vote."
"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The 09500065.doc 292 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 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 Representative Osterman, do you wish us to read Senate Bill 1007? Should we read the Bill?"
"Let's hold that one for now."
"Hold that one? Okay. Out of the record."
"Thank you."
"Representative Reitz on Senate Bill 1094. Do you wish us to read that Bill? Mr. Clerk, read the Bill."
"Senate Bill 1094, a Bill for an Act concerning firearms. Third Reading of this Senate Bill."
"Representative Reitz."
"Thank you, Mr. Speaker. Senate Bill 1094 changes the… the FOID card fee, creates that instead of a five-year fee or a five-year FOID card will make it ten (10) years. It also has language in it that deals with mentally ill, mentally defective, it clarifies that. Shows that the… anytime that someone is declared by the court mentally defective they… they'd contact the State Police. This will… the circuit clerk will contact the State Police. This will make sure that we don't have an incident similar to what we had at Virginia Tech. I'd be happy to answer any questions."
"This is on the Order of Short Debate. And in response, the Gentleman from Cook, Representative Osterman."
"Will the Sponsor yield?" 09500065.doc 293 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"He indicates he'll yield."
"Representative, this deal… your Bill deals with a couple of things. One of them is the FOID card, it expands the length of the FOID card from five (5) to ten (10) years and the fee from five to ten dollars ($5-$10), is that right?"
"That's correct."
"And that's going to enable State Police to use the resources to better process FOID applications?"
"Yes. To speed that up and that'll allow them to better utilize their… yeah, their… the fees that they have and it changes the fee some. But that's exactly right."
"Over time, as you are aware, we… we talk about this… background checks are very important and I would hope that we could continue to work to try to make sure that background checks are conducted. Having a FOID system that works in a functional way is important. Your Bill, I think, addresses that. The other part of your Bill that I think is very important and earlier today we passed legislation that's… those individuals dealing… that have mental illness and trying to ensure that they don't have access to firearms. This legislation deals with that as well?"
"That's correct."
"Representative, I stand in strong support of your Bill, even though you voted 'no' or your seatmate voted 'no' on my Bill earlier. But…"
"Yeah, I heard that."
"When issues with people with mental illness come up, we as public policymakers shouldn't play games, like some 09500065.doc 294 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 have played games on some other Bills and are currently being played now. But I support your Bill. And I knew that you were there in spirit on my Bill earlier."
"Thank you."
"Representative Mulligan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he'll yield."
"Representative, I'm reluctant to question or talk about this Bill, except that in our Amendment… or our analysis of your Amendment #4 it says that an applicant for a FOID card must sub… submit evidence to the Illinois State Police that he/she has not been a patient in a mental institution within the past five (5) years and that he/she has not been adjudicated in court as a mental defective. How… how do you prove that? Is that just someone that has already had that designation and so they didn't get a FOID card? And they have to have five (5) years clean or just everybody that goes in would have to prove that? I don't understand how you would do that and if you wanted to get around it, you probably could. So, could you just explain that provision to me?"
"That… that's already in current law, where they have… on the FOID card you check whether or not you've… you've committed yourself or… and if you've been adjudicated…"
"So, you just… they just go on your own word that you check it off that it's not?"
"Well, as far as if you… if you've been, checked yourself in and been deemed mentally defective in any way, then yes, that would be… that would be the case. But in the case of… 09500065.doc 295 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 if you've been adjudicated by a court or another Body than this… this will make sure that in the period of time while you have the FOID card that they will notify the State Police or the circuit clerk will notify the State Police that you have been deemed mentally defective and until such time you won't be able to hold a FOID card."
"All right. Between staff trying to explain it to me and you, I'm not sure. But I… I guess what you're saying is that what your Bill does is makes it that… that the court would have… if you have been adjudicated, the court would have to report it so that if you weren't telling the truth there would be a record that… that's the case. Is that correct?"
"That's correct. And also, take care of the time in between the time when you're applying for a FOID card."
"Okay. Thank you."
"Representative Reis."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he'll yield."
"Representative, for legislative intent a couple of questions. The term 'has been adjudicated as mental defective', is that a term used by Federal Law?"
"Yes."
"For the purposes of, again, legislative intent, that is to include that a person being found mentally defective has had due process and a chance to raise defense, to have counsel present and to have a fair hearing in front of a judge?" 09500065.doc 296 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Yes. The intent is to ensure that the person is the subject of a written order by a judicial officer that finds after a hearing of which such person received actual notice and at which such person had an opportunity to participate with counsel, raise the defense and was in fact given due process. You're turn."
"One last question, does this cover both inpatient and outpatient treatments?"
"Yes. In the case of the Virginia Tech shooting, the individual was adjudicated by a judge, but that order was never sent to the State Police. We have a similar gap in our law and even if a person was adjudicated, it was mandated to outpatient treatment, this would catch that person."
"Okay. Thank you, Representative."
"Thank you."
"Representative Reitz to close."
"Thank you. I think… as… as we said, this sets up a mechanism so that we… or sets up a procedure so that if someone is adjudicated as mentally defective that they will report that to the State Police. This Bill works in conjunction with Representative Osterman's Bill. And I plan on supporting it, hopefully, if we revisit that Bill in a little bit. Thank you. Appreciate your 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? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 1 voting 'no'. And 09500065.doc 297 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Colvin, you have Senate Bill 1164. Do you wish us to read that Bill? Oh, excuse me, it's not… it's been dealt with. Representative Smith on Senate Bill 1174. Out of the record. Representative Osterman, for what reason do you rise?"
"In… inquiry of the Chair, Mr. Speaker."
"What was your…"
"Inquiry of the Clerk."
"Yes. State your inquiry."
"Is there a Motion to reconsider Senate Bill… the vote on Senate Bill 940?"
Speaker Hannig: "Yes. There… we… we do have a Motion, Representative."
"Pursuant to House Rule 65, I'd like to have that Motion considered, immediately. It's a Bill that 100 people voted for."
"Yeah. You're… you're correct, Representative. We were just checking the Rules to make sure that it's correct. And so, under the Rules, Representative Stephens… Representative Stephens?"
"He may be hiding in the bathroom."
"Representative Osterman, the only thing I would suggest is could we give Representative… Representative Stephens a few minutes to perhaps come to the floor? Then we'll ask him to make his Motion, because I think you're… you're correct under the Rules. So, why don't we call another Bill or two and then we'll go back to it. So, Representative Stephens… Representative Stephens, you have a 09500065.doc 298 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 Motion to reconsider the vote on Senate Bill 940. And so, we'd like to consider that at this time. So, Representative Stephens moves to reconsider the vote. Having voted on the prevailing side, Representative Stephens moves to reconsider the vote by which Senate Bill 940 passed. Is that…"
"Yes, Sir."
"Okay. All those in favor…"
"Let's do it."
"…of the Motion should vote 'yes'; those opposed should vote 'no'. And the voting is open. Have all voted who wish? Representative Stephens."
"Thank you, Mr. Speaker. I… I didn't get an opportunity to explain the vote. Maybe I was… that was… that was a mistake."
"Why don't you proceed?"
"There… there are… This Bill passed. We want it to pass. There were some Members who wanted to change their vote one way or another that's not going to affect the outcome, but it… I… I think maybe there… might even be some on your side of the aisle. I… this is… this is not a… we're not trying to do anything here."
"Have… have all voted who wish? Mr. Clerk, take the record. On the Motion… on the Motion to reconsider, there's 56 voting 'yes' and 58 voting 'no'. And… and the Motion fails. And… and I would suggest that… that from time to time we recognize people when they stand up and say they'd like to change their vote. At least they get it in the record. So anyway, moving down the Calendar. Representative Jakobsson, you have Senate Bill 1183. Mr. 09500065.doc 299 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 Clerk, read the Bill. Excuse me. Representative Black, for what reason do you rise?"
"Yes, Mr. Speaker, inquiry of the Chair."
"State your inquiry."
"Yes, how did I vote on the Bill in question?"
Speaker Hannig: "Representative Black, you're recorded… on Senate Bill 940, you're recorded as voting 'yes'."
"I don't remember voting 'yes'. What was House Bill… what was it? Senate Bill 940?"
"Senate Bill 940."
"I'll talk to my advisor and I'll get back to you. Thank you."
"Okay. Mr. Clerk, read the Bill."
"Senate Bill 1183, a Bill for an Act concerning energy conservation. Third Reading of this Senate Bill."
"Representative Jakobsson."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, Senate Bill 1183 amends the Local Government Energy Conservation Act, the School Code, Public University Energy Conservation Act and the Public Community College Act to enter… allows them to enter into an installment payment contract or lease purchase agreement with a third-party lender as authorized by law for the purchase and installation of energy conservation measures by a qualified provider. Currently, these contracts can only be entered into with a qualified provider."
"Is there any discussion? 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 09500065.doc 300 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 '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 Senate Bill 764."
"Senate Bill 764 has been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Representative Mathias, do you wish us to read this Bill on Third? Mr. Clerk, read the Bill."
"Senate Bill 764, a Bill for an Act concerning State Government. Third Reading of this Senate Bill."
"Representative Mathias."
"Thank you, Mr. Speaker. Senate Bill 6… 764 creates a lottery scratch-off game for multiple sclerosis, obviously, a very debilitating disease. And I ask for your 'aye' vote."
"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill'… Excuse me. Representative Kosel in response."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he'll yield."
"Thank you. Can you tell me where the funds from a scratch-off would go if they were not designated to go to MS?" 09500065.doc 301 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Well, if the game wasn't there, then no one… there would be no funds for that game because it wouldn't be created."
"But funds from scratch-offs go to what fund within our Treasury?"
"Oh, in other… in other games, I believe they go to the Education Fund."
"That's correct. To the Bill. I greatly respect the Sponsor and know how committed he is to this particular cause, but I would let the Body know that this particular Bill will divert funds from education to another cause. When we passed legislation originally to set up the lottery, we said that those funds would go towards education. So, where I strongly am committed to the kind of benefits that this would cause, I find that I am not able to vote for it. And I'm sure there's others that will be in the same position. Thank you."
Speaker Hannig: "Is there any further discussion? Then Representative Mathias to close."
"Yeah, we… obviously, we have done this for other worthy causes and in… in response to the last Representative's… I… I also understand her position. But I'd just like to know that a lot of people who see this game and want to help this cause may… this may encourage more people actually to, you know use the lottery because they want to help this particular game and while they're doing it, we may find new people that probably may also then buy other games that normally they wouldn't. So, I do ask for your 'aye' vote." 09500065.doc 302 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"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? Mr. Clerk, take the record. On this question, there are 76 voting 'yes' and 37 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read Senate Bill 774."
"Senate Bill 774 has been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Mr. Clerk, read the Bill."
"Senate Bill 774, a Bill for an Act concerning State Government. Third Reading of this Senate Bill."
"Representative Yarbrough."
"Thank you, Mr. Speaker, Members of the House. Senate Bill 774 establishes the Quality of Life Instant Lottery Game to fund AIDS and HIV prevention, intervention, and education. This Bill is nearly identical to House Bill 315, which is in the Senate Rules Committee, with two (2) differences. Senate Bill 774 indicates that the funding from this scratch-off game is to be in addition to and not a replacement for current and future state funding of HIV/AIDS prevention and treatment. And it does not include an exemption from the fund transfers authorized by Section 8 (h) of the State Finance Act. I'd be happy to answer any questions."
"This is on the Order of Short Debate. And in response, Representative Kosel." 09500065.doc 303 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Thank you, Mr. Speaker. To the Bill. Body, this is another one, this is exactly what I was speaking about on the last Bill. We are again diverting money from the Education Fund to another great cause and something that needs to be funded. But it would be my opinion and the opinion of many others from the last vote that we cannot continue to have specialty scratch-off games and still fund education. Thank you."
"Representative Mulligan."
"Thank you, Mr. Speaker. I want to agree with the previous speaker. When we started off with breast cancer, we said we're starting down the slippery slope and everybody said, oh, no we wouldn't do that. And then we moved to veterans. And now it's the game of whatever everybody comes to us and says, will you do this for us. And it's hard to say no. So, Representatives keep doing it. But it defeats the purpose of what we wanted the money to go for. And there's unlimited good causes that we could do this for. At some point, we have to say no. It has nothing to do with the cause, it has to do with what the money was meant to go for."
"Representative Mathias to close. To close. I'm… I'm sorry, Representative Yarbrough to close this time."
"Thank you, Mr. Speaker. And I can appreciate the previous speakers; however, this may identify new people who want to play the lottery to support this worthy cause. I ask for an 'aye' vote." 09500065.doc 304 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"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? Have all voted who wish? Representative Phelps, May, Coulson and Bost, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 69 voting 'yes' and 44 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Speaker Madigan."
"Mr. Black, could you bring the House to order? Mr. Speaker and Ladies and Gentlemen, we are in the process of distributing a schedule for next month. And as you can see, the schedule provides that we'll be in Session three (3) days a week for the entire month up until July 1. Our plan for tonight is to adjourn about 8:00 and to go to committee and then come into Session at 9 a.m. in the morning and devote a full day to consideration of Bills, adjourning in the late afternoon, returning on Tuesday, June 5. We have plenty of work to do. There are many, many Bills that are ready to be called and to be considered. So, there is plenty of stuff to do. That's our plan. We'll adjourn at about 8:00 tonight and we'll be back at 9:00 in the morning and we'll follow the schedule for June. Thank you."
"On the Order of Senate Bills-Second Reading, on page… Excuse me. Representative Black, for what reason do you rise?"
"Mr. Speaker, will the Sponsor yield? What did all that mean?" 09500065.doc 305 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Means we'll be here…"
"I… I take it that means… means we don't have a budget."
"We'll be here for awhile, Representative."
"Mr. Speaker, I'd like to reconsider the vote on a Bill I sponsored about fifteen (15) years ago that said we don't get paid a per diem in overtime Session."
"I'll have the parliamentarian research that, Representative Black."
"Get Mr. Ellis on that immediately."
"On page… on page 17 of the Calendar is Senate Bill 1041. Mr. Clerk, read the Bill."
"Senate Bill 1041 has been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Mr. Clerk, read the Bill."
"Senate Bill 1041, a Bill for an Act concerning civil law. Third Reading of this Senate Bill."
"Representative Phelps."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1041 is an agreed Bill with the Illinois Oil and Gas Association, Illinois Farm Bureau. I want to commend Representative John Bradley for the work he did on House Bill 1308, which passed out of here 109 to 0. I just ask for an 'aye' vote."
"This is on the Order of Short Debate. Does anyone stand in response? 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… Mr… Representative Stephens, 09500065.doc 306 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 Rose, Reboletti, 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 Reitz, for what reason do you rise?"
"Thank you, Mr. Speaker. I would like… on earlier today, I guess I had press… inadvertently pressed a 'no' button on Senate Bill 940. And as I said earlier with the Sponsor, I'd like to be recorded as a 'yes'. Thank you."
"So the record will reflect your intentions, Representative Reitz. Representative Will Davis, for what reason do you rise?" Davis, W.: "Question for the Speaker."
"State your question." Davis, W.: "I noticed on the schedule that was passed out these are listed as Session days. Is this considered overtime Session? Is there a per diem involved with this at all?"
"This would be overtime Session, Representative." Davis, W.: "It's considered overtime, but there's no per diem attached to these days?"
"It's my understanding that the law does not provide for any per diems after…" Davis, W.: "I'm sorry?"
"The law does not provide for per diems after June 1." Davis, W.: "Hold on, Mr. Speaker."
"Is that your question?" Davis, W.: "Sorry. This is important to me. Thank you. Would you repeat that, please?" 09500065.doc 307 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
Speaker Hannig: "It's my understanding of the law, Representative Davis, that after the beginning of May… after the beginning of June… that is on June 1, there will be no per diems for the Members unless there would be a Special Session." Davis, W.: "Okay. Okay. So, as far as hotel arrangements are concerned, notwithstanding whatever else takes place in Springfield, Mr. Speaker, should I book hotels for this entire time? Or am I doing this week by week? Or…"
"Representative, I think this is the plan that the Speaker has laid in front of us. It's certainly subject to the Governor's call for Special Sessions and it could change. Speaker Madigan."
"Representative Davis, what I am saying is that we should plan on this." Davis, W.: "Plan on that?"
"That's what I'm saying." Davis, W.: "Okay. Just wanted some clarification."
"Right. Okay." Davis, W.: "Thank you very much, Mr. Speaker."
"Representative Reis."
"Thank you, Mr. Speaker. I, too, would like to be recorded as being 'yes' on Senate Bill 940."
"And the record will reflect your intentions. And Representative Beiser, for what reason do you rise?"
"Yes, Mr. Speaker, I also would like to see the record reflect that I intended to vote 'yes' on Senate Bill 940."
"The record will so reflect. Representative Dugan." 09500065.doc 308 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Yes, Speaker… Thank you."
"On page 16 of the Calendar under the Order of Senate Bills-Second Reading, is Senate Bill 715. Mr. Clerk, read the Bill."
"Senate Bill 715 has been read a second time, previously. No Committee Amendments. Floor Amendment #2, offered by Representative Feigenholtz, has been approved for consideration."
"Representative Feigenholtz."
"Thank you very much, Mr. Speaker. Floor Amendment #2 is an Amendment that addresses the issue of eligibility and consent. I'd be glad to answer any questions."
"On the Amendment, Representative Reis. On the Amendment."
"Thank you, Mr. Speaker. Inquiry of the Chair?"
"State your inquiry."
"What's the Amendments that have been posted to this Bill? Or adopted to this Bill?"
"Okay. We'll ask Mr… the Clerk. Mr. Clerk, what is the status of the Amendments that have been adopted and pending?"
Clerk Mahoney: "No Amendments have been adopted. Floor Amendment #1 was referred to Rules Committee, but was not reported out."
"Okay. Mr. Speaker, I have a question of the Sponsor if she'll yield?"
"She indicates she'll yield."
"Representative Feigenholtz, what is the status… what's your intent with Amendment #1?" 09500065.doc 309 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"I… I'm going to Table Amendment #1."
"Okay. I was prepared to speak on how I appreciated you working with those who were opposed to your Bill and coming up with Amendment #1. And while I still probably would have voted 'no' for personal reasons and I don't think that state funds should be used for some of the reasons that are… services that are provided in these adolescent health care centers; nevertheless, I would have thanked you for working with the Bill to make it better and I'm sure you would have gotten a lot of votes on it. However, I'm very concerned on Floor Amendment #2 and I have some questions on it. Do you have a copy of the legislation?"
"I do."
"Lines 6 and 7, el… let me read the whole paragraph, 'eligibility all students in the school under the age of 18 are eligible for services if they have obtained written parental consent.' And that's what we liked about Amendment #1 was that you gave parents the options of checking which ones they wanted their… their children to get and which ones they didn't. And a sample consent form from one of the clinics, you know, there's emergency treatment, everybody wants that, immunizations, tests, skin, complaints of pain, medical conditions and things like that. But it also includes pregnancy testing, prenatal and postpartum examinations and family planning, including pregnancy prevention. And there's where we… we liked Amendment #1, where parents could check off which ones they wanted and which ones they didn't. Hello."
"Representative Reis, if…" 09500065.doc 310 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"…just a second."
"…if you look in Amendment #2 in the…"
"Representative…"
"…in the…"
"…Representative, I don't think that was a question, I think he was making a statement. So, why don't we let him finish his statement."
"Could we have some order, please, Mr. Speaker? I mean, Amendment 2 is clearly different than Amendment 1 that… that we were comfortable with. Now, let me read the rest of your paragraph in your Amendment 2. So, they have a written obtained consent from the parent or if they, the child, are otherwise permitted under Illinois law to consent on their own behalf to such care. Now, if you go another statute in… in Illinois, under the Birth Control Services to Minor Act, services may be rendered by doctors, the child can have their own permission to do things. There's two (2) of them, as to whom the failure to provide such services could create a serious health hazard or who is referred to such services by a physician, clergyman or Planned Parenthood agency. And this is what was wrong, we felt, on another Bill that we debated this year, is it gives the minor the chance to make his or her own decisions on this and not the true parent. So, I'm going to give you a chance to respond. That's why we were happy with Amendment #1. We think that Amendment #2 guts the check-off consent form that we hopefully had agreed to in Amendment 1. So, I'll let you respond."
"Representative, when I was discussing this Bill with concerned people, they asked me if there was an opt 09500065.doc 311 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 in/opt out provision and… and… actually requested it. In… in Section 15 in Amendment #2 you will see that on lines 11, 12, and 13, and 14, I have included that language to read, 'the form shall enumerate the provided services using either a check-off or other means.' And that language is verbatim what the concerned parties handed to me. The consent form shall state that a parent, legal guardian, or student who is permitted under Illinois law to consent on his or her own behalf has a right to refuse any health care services."
"And that's the line we have a problem with."
"Well, I… I understand that. But there are children who are… do not have a parent or a legal guardian that are already in many different statutes protected by the law. When it comes to thirteen (13) or fourteen (14) different services some of which are rape, family violence, mental health. And they're also…"
"So, Representative, your time has expired. Why don't we just adopt the Amendment and then we'll come back and debate it on Third Reading?"
"Well, I would like for her to… I would like to continue this debate 'cause I would like her to table Amendment #2 and adopt Amendment #1. So, that's why I'm doing that now."
"All right, Representative. You're within your rights. So, Representative Bill Mitchell. And you want to yield to Representative Reis? Okay. Five (5) more minutes."
"Bear with me, 'cause I'd just as soon do this right. You're right in what you're saying and so many of these services are vital and services that we believe in, but with 09500065.doc 312 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 the line 14 and 15, 'or a student whose permitted under Illinois law to consent on his or her own behalf', if they wish to go to… it mentions any other Illinois law. And it clearly says under Birth Control Services Minor Act, who is referred to such services by a physician, clergyman or Planned Parenthood agency. There's no parental consent anymore. You're… you're taking away the good check-off thing that Amendment 1 does by itself and essentially, lets a minor make the decision on their own. And that's where, you know, I was prepared to speak and compliment you on working with the… the people who were opposed to your Bill and making a better Bill with Amendment 1. But now we're clearly opposed to this because it really puts the decision in the minor's hands."
"Representative Reis, I'd like to respond to that even though I'm not sure that was a question. This is a… school-based health centers have written in administrative rule some very, very distinct language that gives local control to advisory boards of school… school health centers. I'm sure that in… in the last couple of days you have seen a myriad of consent forms from downstate Illinois that clearly articulate whether or not a school-based health center and the advisory board decides that they want to provide those types of services that seem to be in conflict with your beliefs. And I… and I think that that is a good thing."
"But what…"
"The good thing about this Bill and this… this rule is that it… it is about local control and…" 09500065.doc 313 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"But it… it should be up to the parents, Representative and that's what Amendment #1 does. What if local control says that they want all ten (10) of these and either you opt in to all of them or you opt out to all of them? We just want individual line by line ability as parents to be able to opt in or opt to that particular service."
"I… did you… you know what, the intent of this Bill, Representative Reis, is not to change any laws. And I… what I'm sure…"
"No, but you…"
"…regarding consent. This is… this is an attempt to codify a statute about the school-based health centers. If the Ladies and Gentlemen of the House care to turn on their computers and read the underlying Bill, the intent is to expand very successful programs throughout the State of Illinois that are actually serving poor people who cannot afford a physician, people who… children who need to get immunized and can't get into a primary care provider or a pediatrician. And can't… and… and they don't… and don't… they don't have their immunization, so they can't begin the school year and the school ends up losing per diem. I mean, we have some people here…"
"Representative, we're talking about the Amendment. Your Bill's great, it expands a great service. And we just… there's a lot of people that feel that as parents they should be able to opt out. To the Bill."
"It's in the…"
"To the Amendment." 09500065.doc 314 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Be able to opt out to certain services that they don't wish. Amendment 1 does that. Amendment 2, Ladies and Gentlemen, lets that decision up to the minor. Even though they may have the form there, under certain rules and other state statutes, which this refers to in lines 14 and 15, the minor gets to make that decision on their own, which essentially, guts the Bill. We had a… a decent Bill. There's some of us who don't think the taxpayer money should be used for some of those services and that's why I intend to vote 'no'. But Amendment 1, you're going to get 80 or 85 votes, it's going to be a great expansion of a service. Parents are going to have local control at… at their home level. And if you proceed forward and… and you don't table the Bill, I would ask for a verify… a Roll Call of the verification and a…"
"You're with in your rights, Representative."
"I want a Roll Call on the adoption of the Amendment."
"You'll get a Roll Call and an opportunity for a verification if it's appropriate, Representative. And… and so will Representative Feigenholtz. Representative Mulligan on the Amendment."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates she'll yield."
"Representative Feigenholtz…"
"Yes."
"…we felt the Bill was good to begin with without this, but this Amendment was an accommodation to people that were concerned?"
"That is correct." 09500065.doc 315 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"And the people that are… the… most of the teens that you had referred to, there is a class of teens that are considered emancipated because they have no parents, they have no… really place to live? They may be living in a different kind of a shelter situation and are going to a regular high school?"
"Correct. And there's also some other exceptions, as you know, about confidentiality or when it comes to mental health, rape, substance abuse treatment, and treatment for… and HIPAA protections, HIV testing…"
"And your Bill and your Amendment in no way take away any local control from any school and school district that decides to set up a clinic. They still can sit down and decide what services their school would like to provide."
"The Amendment actually strengthens that ability for parental control by checking off… by creating a check- off on the form. That never existed. We accommodated certain parties and gave them that. And apparently, there's still issue. But if you take a look in the second paragraph of Amendment #2, it clearly states that the list of services is to be enumerated."
"Okay. All right. Thank you. I just wanted to make sure that there was an understanding and when the Bill comes back I would like to speak to the Bill."
"Okay. We're going to have Representative Feigenholtz close and then we're going to go to a Roll Call. Representative Reis, you've spoken, previously." 09500065.doc 316 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Just one clarification. This is not an agreed to Amendment. I mean, that's just not true. This was filed late this morning…"
"Rep… Representative, you… you've spoken…"
"…so, I wanted people to know that."
"…in debate… you've spoken in debate, you've had your chance. So, Representative Feigenholtz to close."
"Ladies and Gentlemen of the House, many of you have school-based health centers in your district that have provided outstanding health care services to children who have otherwise been unable to get that. The intent and spirit of this Bill is to codify this wonderful effort into code and to try and expand these kind of services to children… to those very children. I'd appreciate your 'aye' vote."
Speaker Hannig: "The question is, 'Shall the Amendment be adopted?' 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 Hassert, Franks and Bassi? Mr. Clerk, take the record. Representative Reis?"
"I withdraw my…"
"Yeah, the Gentleman…"
"…Motion."
"…withdraws his request for a verification. And there are 68 voting 'yes' and 45 voting 'no'. And the Amendment is adopted. Any further Amendments?"
"No further Amendments. All notes have been filed." 09500065.doc 317 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Third Reading. Mr. Clerk, read the Bill."
"Senate Bill 715, a Bill for an Act concerning health. Third Reading of this Senate Bill."
"Representative Feigenholtz."
"Thank you very much, Mr. Speaker. I think in my closing remarks on the vote on the Amendment I discussed why I feel that this Bill is important for… for us in the State of Illinois. I think that there's been a lot of discussion about… about health care in the State of Illinois. I… I encourage all of you to visit a school-based health center. I have some that's… take care of kids in my district. And when you visit one you will want one in your district. And I encour… I will be glad to answer any more questions."
"Is there any discussion? The Gentleman from Jackson, Representative Bost."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates she'll yield."
"The Bill itself, Representative, deals with the community health centers, which can provide the services to low-income students. They are… are facilities that are located in our high schools, some are in junior high, okay? But mostly they're in high schools, correct?"
"Correct. And… and some middle schools."
"And… and some younger. They are locally controlled by local school boards, is that correct?"
"That is correct."
"Okay. The local school boards… there's nothing in State Law that will require them to not put… if they want a check- off they can put that in place, correct?" 09500065.doc 318 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Correct."
"If they… and these are local elected board, school boards. Okay."
"Yes."
"Mr. Speaker, to the Bill."
"To the Bill."
"Members of this House, there is not a more pro-life person than I, myself. David, don't laugh at me. Not on this issue, ever. I protect and will fight for the sanctity of human life. What your local schools can do with this is allow local control and if those local schools do not do what is in within your belief, then unelect those people and get somebody who will do it and do it right. This is a situation where we have needs that are and can be provided. Not for contraceptive purposes, not for all of those things, but for true… for health reasons other than this. I have two (2) of these in my district and encouraging others to come about. No, I've got three (3). And each one of them have… have a… a list of things that can be provided, that can be signed off on… can be signed off by the parent on and they are very successful. They do not provide birt… they do not provide birth control, they do not provide abortion services. They provide services not dealing with those issues, services that people need. If these come to your district and they come to your areas, encourage your local school boards to implement those rules that voice your ideas and your concerns to make sure that does not happen. I do support this legislation. I encourage you to vote in favor of it. If you can't and you feel that this one issue is 09500065.doc 319 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 going to stop you, then that's fine, then don't vote for it. But I believe it's a good program. In my area, they are good programs and they are controlled by the local boards. And they do not offer those services. That's why I'm in support of the Lady's Bill and I will be voting for it."
"So, we're going to use the rules of Standard Debate. We've had two in favor. Representative Mulligan you're recognized for 5 minutes."
"Thank you, Mr. Speaker. I would like to discuss my school-based clinic at Main East High School. That high school is an ethnic high school, it is 87 percent minority and immigrant. When we decided to set up the school-based clinic, Lutheran General Hospital helped us. When we sat down, and I will be very blunt about this. When we sat down to discuss it, because I was assisting in that and I have such a high profile as a pro-choice person, the discussion of anything to do with sexuality, birth control, was pretty much off the table because we were more interested in providing services such as school physicals, place for mental health, things for children… young people, who did not have access to health care. The ultimate goal was to also make it into a clinic… a family clinic, where we could refer their parents who could not afford health care to another place. For the most part, we fund-raise in order to support money. We don't get that much money for that clinic. People work hard, they raise money, doctors do their services. And they have continued to flourish and do a really good job. One of the issues that came up not too long ago was a young man who walked down from class for 09500065.doc 320 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 mental health, that said he was planning on going home and killing his parents. I've got to tell you, to have a mental health clinic like that in your school and to avert something like that is really important. To serve a community who cannot afford necessarily and has no health insurance, it is a really big issue. The sensitivity to what was going on there was really important. So, I have to tell, you I think this is really important in what we're trying to do here. No one's trying to provide services under the table that anybody would object to. We're just trying to provide more health care in communities where it's necessary."
"We've had three (3) speak in favor. So, under the rules of debate we would have three (3) speak in opposition or in response. So, we're looking for opposition or response. Representative Stephens."
"Thank you, Mr. Speaker. Will the Lady yield?"
"Indicates she'll yield."
"I'm sorry, Representative, I… I just came out… came on the floor. Which Amendment did you adopt?"
"Mr. Clerk, why don't you give us the status of the Amendments?"
"Floor Amendment #2 was adopted by the Body."
"Representative Stephens."
"Okay. Is that correct, Representative? We're on Amendment #2 and that's… under… with Amendment 2, does your Bill allow for a… a list of choices that parents can make as to what services they want to allow?"
"I'm sorry… Could you repeat the question?" 09500065.doc 321 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Under your Bill, does it… in your Bill, does it allow for a list of choices…"
"Yes."
"…for parents? And is it…"
"It does."
"…and that list can be determined at the local level?"
"Yes, it can."
"The… the parent can add or delete?"
"Yes, it can. If you read on… in Amendment #2, Section 15, Representative Stephens, it says, 'the form shall enumerate the provided services using either a check- off or other means'."
"Okay. Well, then help me understand… under Section 15, consent, third sentence, 'the consent form shall state that a parent, legal guardian or student who is permitted under Illinois law to consent on his or her own behalf'." What… who are those students that can consent on their own behalf?"
"Representative, there are a list of exceptions in various parts of statute."
"They're… they're not compiled anywhere?"
"And I… I'd be glad to read it to you. I had it a minute ago…"
"I… I think I'm looking at one Section… 325/10, Birth Control Services Minors Act, is that…"
"There's a long list of the definition of a minor, mature minor exceptions that address the issue of emancipation, emancipated minors and their ability to get emergency care. Children of adolescent parents…" 09500065.doc 322 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"So, if a child… if a child is pregnant then she can determine what services? So, you have a fourteen-year-old who's pregnant and then she can determine what…"
"Rep… Representative…"
"…can …can she…"
"…in other parts… there are other parts of law that allow for minor consent. That is not what this legislation is about. This legislation…"
"Well, your… your legislation says that the student… then why did you put that in there? Why did you… why did you put that in there, if it's not pertinent? Why don't we strike that?"
"It's already law."
"Well, why don't… why don’t we take that out and it would make it this a better Bill? That's a great idea."
"Well, we wanted to clarify that there were other elements in the law around confidentiality and consent."
"What… what did that clarify? I thought you said it was already law? It… well, to the Bill. Mr. Speaker…"
"To the Bill."
"…a lot of folks in Illinois want the parent to have control of this issue. They want the parent… parents have children, they are responsible for those children. And we like to… sometimes up here, oh, these parents they just can't… they can't do that. They're going to be unfair, they're going to be harsh, they're going to… they're going to be mean to their own children. They're going to make bad decisions, the children themselves would be able to make the right decision. But this… this parent who has values that 09500065.doc 323 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 might not agree with the Sponsor's is not a bad person. They are good, decent Americans. And a parent should have the right to make these decisions on behalf of their children; not to defer their children because she happens to have gotten pregnant when she's fourteen (14), that's when you need your parent the most. The… the… that's all this is about. It's why I rise in opposition to the Bill. The parent should have the right to make those decisions. They should have a full access…"
"Representative, your time has expired. Would you bring your remarks to a close?"
"…to any health care information, decisions on matters that come before that child's life."
"Representative Reis."
"Thank you, Mr. Speaker. And a real couple of quick questions. Representative, I understand that you're trying to include cases of emancipation where there's no parents involved. Let's put that in, if that's your intent? If you want it that narrow, let's… let's make that. But with this… this extra paragraph… and let me just clarify to the Body why I'm in opposition to Amendment 2. You give local control the ability to do the consent form, check it off yes, check it off no. Some of these services, as I said, are great, great services that they're providing. But there's other ones for moral reasons that they may… parents may be objectionable to. That's part of your consent in this paragraph. The other part is, or a student who is permitted under Illinois law to consent to his or own… on his or her own behalf. And it clearly states in the Birth 09500065.doc 324 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 Control Services Act that a minor may obtain services rendered by a doctor that is pro… referred to that doctor by a physician, clergyman, or Planned Parenthood agency. So, as I said, this changed a lot with your Amendment that you just filed today. I was… as agreement as I possibly could with Amendment 1, and was willing to thank you for trying to make the Bill better. But I think this Amendment that you just adopted is very broad and… local control is great. And I think the most closest form of local control is with the parents. And they should have to decide to… to… the decision to check off which ones they want their… their child to get and which ones they couldn't. And with you're trying to put in the case where a child may not have parents, let's put that in there. Let's be very specific and I think this would be a much better Bill."
"We've had three (3) in support and two (2) in response. The rules would provide one (1) additional speaker in response. Representative Schock, would you like to speak in response? No? Yes? Representative Schock?"
"I have some questions for the Sponsor."
"That would be in response. So, you have 5 minutes."
"Thank you, Mr. Speaker. What is the purpose of this Bill?"
"The purpose of this Bill, Representative Schock, is to codify an Act around school health centers. And it begins discussion about expanding so that more school health centers can exist in the State of Illinois. There are twenty-two (22) centers on a waiting list, waiting to open." 09500065.doc 325 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"And will services be provided at these clinics beyond the scope of what's being provided at, for example, an Federally Qualified Health Center FQHC that may be down the street from the school?"
"It's… the… the services are probably not as expansive as that of an FQHC. But there are many school- based health centers who are treating children who are Kid Care or eligible that are affiliated with FQHC so they could draw down federal money. But…"
"So, it would be fair to say that there are… there will be fewer services provided at the in-school health centers than what might by provided in FQHC down the street?"
"That is correct."
"My second question is, would… there seems to be a lot of discussion here today on the floor about what a minor may or may not be allowed to have access to care at this in- school health center. My question is, will a minor have access to care beyond what that minor may have access to care at an FQHC down the street?"
"No."
"Do we require do you know, Representative Feigenholtz, do you we require check-off forms similar to your Amendment at an FQHC down the street when a minor seeks…"
"No."
"Okay. Will this Bill apply to existing in-school health centers presently or will this only apply to all future in-school health centers? If my school district, Representative, has in-school health centers presently, 09500065.doc 326 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 would this… will this law, upon being enacted, affect those in-school health centers?"
"I'm sorry. Mr. Speaker, I can't hear the question."
"Representative, my question is, will this Bill affect not only new in-school health centers, but those that are existing? In other words, if my school district is one that presently has an in-school health center, will this Bill affect those health centers as well?"
"The… the only difference that this legislation will make is the fact that there now will be a check-off for parents of minors."
"Okay. Thank you very much. To the Bill. I appreciate the Sponsor's work on this. Prior to coming to the General Assembly, I had the privilege to serve on a local school board and our school district in Peoria has a number of in- school health centers. And I have to tell you that they have been quite successful. I'm very, very concerned about the confusion that's been created here by my colleagues about the questions of access to care and whether or not a minor should or should not have access to certain levels of care. To those Members I would say, if you don't think that young people should have access to the particular care that we've… we've discussed here today whether it be birth control or testing for HIV or emancipated youth or mental health treatment, then sponsor a Bill and change the law. This in-school health center piece of legislation does nothing to change what kind of access youth are able to receive. In fact, I would submit to you that if you're 09500065.doc 327 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 concerned about parents having the right to choose for their own children and make decisions on behalf of their children, then you should support this piece of legislation because there are scores of in-school health centers presently in this state where school… where… where check off forms and parental consent forms are not necessary. If this Bill passes, every in-school health center will be required to have a check-off form specifically requiring parents to sign off on those services that they wish to have rendered to their child. This is an additional safety net for those of us who are concerned that parents ought to have input on their son or daughter's health services that they may or may not be receiving at in-school health centers. Secondly, it does nothing… nothing to affect the services that a youth may be able to receive at an in-school health center versus at…"
"Representative, your time has expired, could your bring your remarks to a close?"
"Thank you. Versus those services that that… that child may receive at a Federally Qualified Health Center down the street. Ladies and Gentlemen, we have to recognize that these are predominately in low-income neighborhoods, low- income schools that choose to do this. This is in many cases those children's only access to health care. And it does nothing to expand those services. In addition, it adds safeguards that many of us believe are important. Again, I want to thank the Sponsor for her work, her willingness to amend this to address many of the concerns that her 09500065.doc 328 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 colleagues brought forward to her. It's a… it's a good piece of legislation. And I urge a 'yes' vote."
"Okay. Representative Feigenholtz to close."
"I think Representative Schock closed for me. I'd appreciate 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 Mulligan, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 74 voting 'yes' and 40 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Brady, for what reason do you rise?"
"Thank you, Mr. Speaker. I'd like to announce that tomorrow morning at 8:30, the Republicans will caucus in Room 118; tomorrow morning at 8:30 in Room 118. And with the warm response I'm getting, I'll extend that invitation to the Democrats. We could all come together and actually get something done maybe."
"On page 19 of the Calendar is Senate Bill 1746. Mr. Clerk, read the Bill."
"Senate Bill 1746 has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2 was adopted by the Body. Floor Amendment #3, offered by Representative Soto, has been approved for consideration."
"Representative Soto." 09500065.doc 329 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Thank you, Speaker and Members of the House. House Amendment #3 provides that the Department of Employment Security shall appoint a liaison and provide administrative support commission. And unlike other agencies working with the commission, state funding shall not flow through the department. The department which receives nearly all its dollars from the Federal Government, not Illinois, believes that the appropriation mechanism set out to this Bill would jeopardize its funding. So, we have removed them."
"Is there any discussion? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. And the Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Mr. Clerk, read the Bill."
"Senate Bill 1746, a Bill for an Act concerning Latino families. Third Reading of this Senate Bill."
"Representative Soto."
"Thank you, Speaker… Speaker and Members of the House. Again, Senate Bill 1746, this Bill creates the Illinois Latino Family Commission comprised of fifteen (15) members. The Governor, the Senate President, the Speaker of the House and the Senate Minority Leader and the House Minority Leader shall each appoint three (3) members to this Commission. It also states that administrative support shall be provided by the Governor's Office and the state agencies appointing liaisons to the Commission. Over 14 percent of the Illinoisans are Latinos. Despite strong representation in the… in the state, Latinos lag behind in major indicators as well as being relative to education, health, employment, and 09500065.doc 330 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 child welfare. Latino families and children face tremendous challenges. They present unique linguistic, cultural, and immigration issues that need to be addressed. The Commission shall monitor and comment on existing and proposed legislation and programs, assist state agencies in developing programs, services, public policies and research strategies, facilitate the participation and representation of Latinos in the… in the development, implementation and planning of policy programs and services and promote research efforts. For the record, Speaker and Members, this Bill has bipartisan Senate support and was unanimously passed in the Senate on April 25, '07. And I would favorably request an 'aye' vote. Thank you."
"The Lady moves for the passage of Senate Bill 1746. 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 Mitchell and Brauer, 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. Mr. Clerk, read Senate Bill 1358."
"Senate Bill 1358, a Bill for an Act concerning fire safety. The Bill has been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Mr. Clerk, read the Bill." 09500065.doc 331 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Senate Bill 1358, a Bill for an Act concerning fire safety. Third Reading of this Senate Bill."
"Representative Hoffman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is a Bill that is identical to a Bill that we passed overwhelmingly, a House Bill we passed overwhelmingly, earlier this year that didn't get… didn't have time or was past the deadline over in the Senate, was not called, that would allow for the arson investigators of the Office of the Fire Marshal to have firearms after going through all the proper training. This is safety for them and their… at their workplace."
"The Gentleman has moved for the passage of Senate Bill 1358. Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed vote '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 108 voting 'yes' and 5 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 40 of the Calendar, under the Order of Motions in Writing, is a Motion by Representative Rita. The Motion is, pursuant to Rule 65, I move to reconsider the vote by which Senate Bill 126 passed. Is there any discussion? Then the question is, 'Shall the House reconsider the vote by which Senate Bill 126… I'm sorry, by which 126 failed?' Let me restate the Motion. Representative Rita moves, pursuant to 09500065.doc 332 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 Rule 65, that the House reconsider the vote by which Senate Bill 126 failed. Representative McCarthy."
"Thank you, Mr. Speaker. You say, Representative Rita wants to reconsider the vote on this?"
Speaker Hannig: "Representative Rita, having voted on the prevailing side wishes…"
"Is the original Sponsor in favor of the reconsideration or opposed?"
"The… the Bill failed, Representative. So, she's in favor of reconsideration."
"Oh, the Bill failed? So, I'd say she's for it then."
"Okay. So, the question is, 'Shall the House reconsider the vote by which Senate Bill 126 failed?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? This… this requires 60 votes. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 63 voting 'yes' and 49 voting 'no'. And the Motion prevails. And the Bill is reconsidered. You wish us to… on Supplemental Calendar #2 under the Order of Senate Bills-Third Reading is Senate Bill 126. Mr. Clerk, read the Bill."
"Senate Bill 126, the Bill has been read for a third time, previously."
"Representative May."
"Yes. Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 126 is brought at the behest of DK Organics, a 24-hour landscape waste firm. And they have been operating for many years in unincorporated Lake Bluff. When they moved across the street and applied for their 09500065.doc 333 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 permit to the EPA they were told that they would need to go through a siting procedure which takes a year and costs a lot of money. Interestingly enough, the law is quirky and inconsistent it appears. That while when we talked about this before people brought up perhaps smell or something. So, a composting facility where the yard waste stays and is turned and everything needs no siting, but a 24-hour facility, if they grind, does need siting. So, we think that we need a clarification for this. The firm would still have to get their permit from the EPA, they must adhere to any and all county and local ordinances. And we think that it is good for the environment, good to keep trucks off the street to do this."
"The Lady moves for the passage of Senate Bill 126. And on that question, the Gentleman from Crawford, Representative Eddy."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Indicates she'll yield."
"Representative, recently I think we both have had dealings with the IEPA that kind of resulted in a better understanding of what they may be up against as they have to comply with federal regulations. Could… could you explain in a little more detail exactly what… what this Bill will do as far as the… the landscape waste and transfer stations and… and moving the… the waste? Can you be a little more specific?"
"Sure. It, basically, would… would allow that they can grind on site. Anytime you do any processing it puts it 09500065.doc 334 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 into the category of… of local siting hearing. So, it means that they can grind. And we think it's better to be able to grind, it keeps truck… trucks off the street. And it's actually because we had other Bills about the Emerald Ash Borer and the Department of Agriculture has actually required grinding to get any of yard waste from these areas. So, if the Emerald Ash Borer should move further north, we think that this would allow them to bring the yard waste also."
"Okay. So… so, your contention is that this improves the… the capability of the local facility to deal with this waste in a manner that's more environmentally advantageous?"
"Absolutely… absolutely. That… I think we… as my involvement with the environment, I think people would understand that I wouldn't do anything like this if I didn't think it wasn't good for the environment. And the Municipal League and the environmental groups and the EPA are all neutral on this."
"Thank you very much, Representative. I appreciate the explanation and what you're trying to do here. And I certainly on this Bill and other matters regarding the IEPA do consider your expertise and your passion in this. And I understand that you're very sincere and… and that this Bill is important to you. And I would request that my colleagues honor that ability and support her on this Bill. Thank you."
"Thank you."
"Representative Joyce."
"Thank you. Will the Sponsor yield?" 09500065.doc 335 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Indicates she'll yield."
"Representative, so basically, the landscape waste is… is it coming in from transfer trailers or is it coming in from garbage trucks out on the street in the community?"
"Oh, no garbage trucks at all. These are twigs and leaves and things like that. They're usually landscape companies, this is more indicative in urban area where landscapers would… would bring their… what they've gotten from that day and it's moved very quickly. No garbage, anything like that."
"But I mean could it be a neighborhood truck picking up landscape waste at residential's curbs?"
"It would be from private yards, normally, yes."
"Okay. So, someone may have a garbage contract for a town and…"
"It would not be garbage, it would not be garbage."
"…I understand that. But it… but they… they could be picking it in front of someone's house, correct?"
"From their yard, normally, yes."
"Okay."
"Mmm mmm."
"So, to the Bill, Ladies and Gentlemen. A transfer station is something that is put in a community to transfer waste, to transfer recycling, to transfer yard waste. All of those facilities are covered are on what you call 172, Senate Bill 172, which is actually the foundation of the Illinois Environmental Protection Act. This will be the sixteenth (16) or seventeenth (17) exemption that the General Assembly would provide to Senate Bill 172. Now, I 09500065.doc 336 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 understand the Sponsor's intent, I understand that she believes it's going to safely disposed of. But the fundamental purpose of 172 was to provide notification to a community when you open up a facility, that they understand what's going in and what's being brought through their community. And my disappointment is more with the Illinois Environmental Protection Agency. That is… that is my… my concern here. It is not one for the Sponsor or the intentions or the community or the facility in which they are operating. But if we are going to continue to keep granting exemptions with no opposition whatsoever from the Illinois Environmental Protection Agency, they ought to either find someone else to run it or rewrite the Act to eliminate 172. I think it's wrong because we've got an Act that covers our State Law that says, we will provide notification before we put a pollution control facility in your community. And that's what this is, a pollution control facility. And I… and I really believe that we ought to either get rid of 172 or we ought to get some new… new leadership that at least from the Environmental Protection Agency takes a stand in enforcing their own code. Thank you."
"This is on Standard Debate. We've had one… we had two (2) in support, one (1) in opposition. Representative Tryon you're next."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she'll yield." 09500065.doc 337 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Representative May, this Bill that you have, it does not exempt local control in the way of siting from zoning, correct?"
"Absolutely not."
"So…"
"There is still much local control. You'd still have to adhere to any county or local ordinances and absolutely the zoning."
"So, in your community somebody could come in and site an oil refinery and they would only have to go through the zoning ordinance, correct?"
"An oil refinery? If you say so, yes."
"Okay. What…"
"Yes. Mmm mmm."
"I guess my point is this is a local issue, still going to receive zoning, still going to have to get approved by the municipal authorities, still have plenty of public input, correct?"
"Absolutely. In fact, because of the delay in the question, which we're seeking clarification, the Lake County Board approved this unanimously. It is on Highway 41. They, as I say, they've moved across the street. And they took into consideration the overall area. The… the real difference as I've pointed out is to whether they grind the yard waste or any twigs or leaves or anything or not. And this grinder in many suburban areas, the grinders are pulled right behind municipal trucks or individual landscape trucks. I am told that the noise is no more greater than 09500065.doc 338 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 any of these grinders that are on the street already in our… in our suburban and city communities."
"Okay. To the Bill. I believe that Senate Bill 172, as it's become affectionately known, which created the Local Regional Pollutions Siting Act, was designed and approved by the General Assembly at a time that this technology wasn't common. And this technology wasn't something that was considered when the Act was written. There's no question this Act needs to be rewritten, that it has to be interpreted by U.S… or by our EPA because landscape waste has a waste designation, when in reality a transfer station is basically just a trucking business. Garbage comes in and it's taken off. In this case, landscape waste will be dropped off, processed, reloaded and it's not even going to be held overnight. So, I can't see what the issue is here. The fact is, the local authorities could site a power plant, they could site a pesticide plant, they could site an oil refinery and it wouldn't have to go through any of this. This is nothing like this. In fact, this is something that reduces landfill space, should be available to our community and it's no different than any other trucking company. And I see no problem with this. And I urge an 'aye' vote."
"So, we've had three (3) in support and one in opposition. The rules would provide two (2) additional speakers in opposition or in response. Representative Washington, do you wish to speak in opposition or response? You want to ask a question? Well, that would be in response. So, you're recognized for 5 minutes."
"Thank you, Mr. Speaker. Will the Sponsor yield?" 09500065.doc 339 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"She indicates she'll yield."
"Representative May, this is in your district, correct?"
"Yes."
"And it only affects your district?"
"Well, you know, we're… we're really trying to clarify whether you can grind or not at landscape transfer stations."
"Okay. I want to… I want to let (sic- Representative) Joyce know in this part of Lake County we don't refer to it as garbage, okay? It's not called garbage in this part of Lake County, number one. So, let me straighten you out with that Chicago dialect. Now, it's not garbage where we live at in Lake County, all right? To the Bill, Mr. Speaker. I think the Representative is not really talking about garbage, per se, Joyce. I think what she's saying, if… if I'm reading it right, it says for a landscape waste transfer station. Now, when I used to do that kind of work what we grinded up was trees and bushes and things that could be used… really used as a compost ingredient. And I think that's what the Representative is saying, that is not garbage or garbage, okay? It's just grinded up trees and things like that. Am I right, Representative May?"
"Yes, absolutely."
"Thank you. I suggest we support this Bill and move on and get out of here. Thank you."
"Representative Joyce, you've… you've spoken in debate already, for what reason do you rise?" 09500065.doc 340 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Representative Washington used my name. So, just just to… just to answer his question. This is not just… this allows anywhere, it's not just specific for one district, actually. And… first of all, and second of all, I… Representative, I do understand a little bit about garbage and yard waste and try swimming in it."
"Okay. We've had three (3) in… three (3) in support, two (2) in response. Representative Cole, would you like to speak in opposition or response? That's the only slot left."
"In opposition. Will the Sponsor yield?"
"Yes. Indicates she'll yield."
"Representative May, could you describe the siting process for a pollution control facility?"
"You know, Representative, I'm not entirely familiar. I understand it's a long procedure with public hearings and all."
"Representative May, is the Solid Waste Agency of Lake County a proponent of this legislation?"
"I haven't heard from them. So, I don't believe they are an opponent, no."
"My understanding is that they are neutral on this Bill. To the Bill, Mr. Speaker."
"To the Bill."
"Prior to my coming to the Legislature, I may be new here, but prior to coming here, I served as a director of the Solid Waste Agency of Lake County for six (6) years. Prior to that on the county board and I've always spoken in favor of the public process. A pollution control facility means 09500065.doc 341 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 that there's a public process before the siting and I support that. This legislation takes transfer stations out of the purview of pollution control facility. Many municipalities don't even have an ordinance on transfer stations since they're so new. Now, we might be saying that this grass clippings and the… the yard waste will not be here for more than twenty-four (24) hours, but every truck will fill up, every twenty-four (24) hours and this site will get new material every twenty-four (24) hours. This is an ongoing operation that I believe that the public has a right to speak and be heard if one (1) of these facilities is built near their home. And for that reason, I rise and ask for a 'no' vote."
Speaker Hannig: "Okay. We've had the full debate and Representative May, you're recognized to close."
"Yes. Thank you. I really appreciate very much the remarks from Representative Eddy, as we've gone through and understood further the EPA process. Representative Eddy, thank you so much. And Representative Tryon, who has a lot of expertise in this area. The… the difference is while I have always stood in favor local sitings and full hearings, I have to make clear this facility, which is in a properly zoned area, was approved unanimously by the Lake County Board. But furthermore, when they were across the street they did not need this siting. The mere fact that there seems to be a change that we need to clarify this. The onerous… the more onerous facility is the… the composting facility where the waste stays there. That does not need siting, but this does need siting only because they grind. 09500065.doc 342 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 The technology has changed. I thank you and I ask for an 'aye' vote."
"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Schmitz and Crespo, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 64 voting 'yes' and 49 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Okay. We're going to do one concurrence, on page 27 of the Calendar, House Bill 3091. Representative Meyer."
"Thank you, Mr. Speaker."
Speaker Hannig: "House… House Bill 3091, Mr. Clerk. Representative Meyer."
"Thank you, Mr. Speaker. I move to concur with Senate Amendment 1 to House Bill 3091. And Senate… Senate Amendment 1 is pretty straightforward. It changes some of the language around to meet the requirements of the Department of Revenue who wanted the language expressed to a certain way. It also provides that the tax, it doesn't change the tax, it just provides that it may be imposed in twenty (20)… in the quarter percent increments up or down and it provides that the tax shall be administered by the municipality imposing it. For your recollection it was… this is the Bill that allowed it for the special taxing district in Naperville for the food and beverage tax to provide for parking facilities. I'd appreciate a 'yes' vote." 09500065.doc 343 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"The Gentleman moves that the House concur in Senate Amendment #1 to House Bill 3091. Is there any discussion? Then the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 3091?' and, '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 Schmitz, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 81 voting 'yes' and 31 voting 'no'. And the House does concur in Senate Amendment #1. And this Bill, having received a Constitutional Majority, is hereby declared passed. Yes, Mr. Clerk, on Supplemental Calendar #2 is Senate Bill 17. Read the Bill, Mr. Clerk."
"Senate Bill 17, a Bill for an Act concerning revenue. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments have been approved for consideration."
"We're going to… we're going to hold it on Second Reading then, Representative. Mr. Clerk, read Senate Bill 68."
"Senate Bill 68, a Bill for an Act concerning civil law. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No… no Floor Amendments. No Motions filed."
"So, Representative Feigenholtz, do you wish us to move this to Third? Third Reading. Mr. Clerk, read Senate Bill 484."
"Senate Bill 484, a Bill for an Act concerning insurance. Second Reading of this Senate Bill. No 09500065.doc 344 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 Committee Amendments. No Floor Amendments. No Motions filed."
"Representative Mautino, do you wish us to move it to Third? Third Reading. Mr. Clerk, read Senate Bill 796."
"Senate Bill 796, a Bill for an Act concerning revenue. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading? Third Reading. Mr. Clerk, read Senate Bill 833."
"Senate Bill 833, a Bill for an Act concerning local government. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Mr. Clerk, read Senate Bill 834."
"Senate Bill 834, a Bill for an Act concerning local government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Representative… Mr. Clerk, read Senate Bill 873."
"Senate Bill 873, a Bill for an Act concerning regulation. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Mr. Clerk, read Senate Bill 929." 09500065.doc 345 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Senate Bill 929, a Bill for an Act concerning health. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Mr. Clerk, read Senate Bill 996."
"Senate Bill 996, a Bill for an Act concerning courts. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Mr. Clerk, read Senate Bill 1011."
"Senate Bill 1011, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Representative Berrios, do you wish us to move this… do you wish us to move this to Third? Okay. Third Reading. Representative Brosnahan, you're recognized for an announcement."
"Thank you, Mr. Speaker. Purpose of announcement. The House Telecommunications Committee scheduled for this evening will be canceled."
Speaker Hannig: "Mr. Clerk, would you read the committee schedule."
Clerk Bolin: "The following committees will meet upon adjournment: Local Government Committee in Room C-1, Financial Institutions in Room 118, DCFS Oversight Committee in Room 115, Electric Utility Deregulation Committee in Room 122B, Judiciary II Committee in D-1, Stratton." 09500065.doc 346 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007
"Representative Molaro, for what reason do you rise?"
"Thank you. Judiciary II that was scheduled to meet, it was just down, we're going to cancel that committee. I'm a bit tired and I just don't feel like doing it. So, Judiciary II will be canceled tonight."
"Okay. Mr. Clerk, read the Agreed Resolutions."
"Agreed Resolutions. House Resolution 481, offered by Representative Brosnahan. House Resolution 482, offered by Representative Reis. House Resolution 483, offered by Representative Berrios. House Resolution 485, offered by Representative Bill Mitchell. House Resolution 486, offered by Representative Froehlich. House Resolution 488, offered by Representative Pihos. House Resolution 489, offered by Representative Joyce. House Resolution 493, offered by Representative Reis. House Resolution 494, offered by Representative Brosnahan. House Resolution 496, offered by Representative May. House Resolution 497, offered by Representative May. House Resolution 498, offered by Representative Acevedo. House Resolution 499, offered by Representative Will Davis. House Resolution 500, offered by Representative Dugan. House Resolution 501, offered by Representative Burke. House Resolution 502, offered by Representative Jefferson. And House Resolution 504, offered by Representative Munson."
"Representative Currie moves for the adoption of the Agreed Resolutions. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. The Agreed Resolutions are adopted. Are there any announcements? Then allowing 09500065.doc 347 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 perfunctory time for the Clerk, Representative Currie moves that the House stands adjourned until Friday, June 1, at the hour of 9 a.m. All in favor of the Motion say 'aye'; opposed 'nay'. The 'ayes' have it. The Motion is adopted. And the House stands adjourned."
"The House Perfunctory Session will come to order. Committee Reports. Representative Scully, Chairperson from the Committee on Electric Utility Oversight, to which the following measure/s was/were referred, action taken on May 31, 2007, reported the same back with the following recommendation/s: 'recommends be adopted' is Floor Amendment #5 to Senate Bill 1366. Representative Boland, Chairperson from the Committee on Financial Institutions, to which the following measure/s was/were referred, action taken on May 31, 2007, reported the same back with the following recommendation/s: 'recommends be adopted' a Motion to Concur in Senate Amendment #2 and 3 to House Bill 497. Representative Beiser, Chairperson from the Committee on DCFS Oversight, to which the following measure/s was/were referred, action taken on May 31, 2007, reported the same back with the following recommendation/s: 'recommends be adopted' a Motion to Concur in Senate Amendment 1 and 3 to House Bill 617. Representative Chapa LaVia, Chairperson from the Committee on Local Government, to which the following measure/s was/were referred, action taken on May 31, 2007, reported the same back with the following recommendation/s: 'recommends be adopted' a Motion to Concur in Senate Amendments 1, 2, and 3 to House Bill 4. Introduction and Reading of House Bills-First Reading. House Bill 4111, 09500065.doc 348 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/31/2007 offered by Representative Hamos, a Bill for an Act concerning regulation. House Bill 4112, offered by Representative Madigan, a Bill for an Act concerning gaming. The following Senate Bill will be read on the Order of Second Reading and held on Second Reading; Senate Bill 1366. Second Reading of this Senate Bill. This Bill will be held on the Order of Second Reading. There being no further business, the House Perfunctory Session will stand adjourned." 09500065.doc 349