"The hour of 3:00 having arrived, the House will be in order. And the Members will please be in their seats. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and pagers and rise for the invocation and for the Pledge of Allegiance. We shall be led in prayer today by Lee Crawford the Pastor of the Cathedral of Praise Christian Center here in Springfield."
"May we pray. Most gracious and most kind God, Who are the author and finisher of our faith, the giver and sustainer of our lives. Father, we pray that You would bestow Your most precious blessings upon this august Body. We pray that they You may bless its Leader. We pray that You may bless all of its Members that You have chosen to serve here. We pray that we may walk even as You have walked. We pray today that they will walk in truth, we pray that they will walk today in Your strength, that they may walk today with Your integrity, that they may walk today as Your chosen servants. This we pray in Your Son’s name, Amen."
"Representative Chapa LaVia, will you lead us in the Pledge." Chapa LaVia – 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."
Speaker Hannig: "Roll Call for Attendance. Representative Turner. Representative Turner." 09500077.doc 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007
"Thank you, Mr. Speaker. For the record we have Representative Brosnahan, Dugan, Fritchey, Graham, Harris, Molaro, Patterson, and Rita all have excused absences today."
"And Representative Bost."
"Thank you, Mr. Speaker. Let the record reflect that Representative Black, Dunn, McAuliffe, Osmond, and Winters are excused today."
"Mr. Clerk, take the record. There are 104 Members answering the Roll Call. A quorum is present. Representative Mulligan, for what reason do you rise?"
"Thank you, Mr. Speaker. Just a point of inquiry. I was wondering if Representative Franks was going to entertain us again today? He’s shaking his head ‘no’. Well, in lieu of that, some of us would like to make a few little statements. My understanding is that the Governor’s plane is costing us quite a bit of money every day and he’s going back and forth and that he’s holding little meetings that are informative on issues. I think most of us realize that this was one of the worst driving years that we’ve had coming down here, back and forth, sometimes it hits on through days and sometimes it doesn’t but those of us that drove threw construction and next to trucks and were here since January and let him have extra time to present a budget are highly insulted that he cannot get his butt down here in time to get things done on a timely fashion and then go home and waste gas at the taxpayers’ expense day after day to present issues that would have been better served to have been presented while we were here during 09500077.doc 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 Session to listen to them. And to continue on without having substantive negotiation with our Leaders and not get this done, I think that in some instances perhaps we ought to do a Resolution to make him drive down here one day himself, through traffic on his own without a driver, through construction lanes and next to double-wide trucks, just one day and maybe he’d get this job done. I think it’s ridiculous to say that we’re not here working when he has not significantly worked on this budget except to put out things that are totally outlandish with no real means of paying for them that are realistic for the state. And I think at this point he ought to get his act together before we are into an overtime… more overtime Session and we shut down government because he can’t pay. And I would also suggest that every day at the beginning of Session we announce how much it has cost us in gas for his plane and that everybody… Members get up and announce what Medicaid bills in their district have not been paid again today. Mine, I have at least one that’s seven hundred and seventy thousand dollars ($770,000). Their last payment was in May, five thousand dollars ($5,000) worth of interest only. So, I think it would be interesting if some of the other Members would offer up what’s owed in their district and I think we ought to announce what his gas is costing the taxpayers of Illinois every day."
"Representative Bost."
"Mr. Speaker, for a point of personal privilege. Well, first, an inquiry of the Chair."
"State your inquiry." 09500077.doc 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007
"And maybe you’ll know this, because I was listening a while ago to the debate over in the Senate on the governing by Resolution proposal that they had over there. Are we still… did we fight a battle like a long time ago to like kind of get our independence from England? Did we do that?"
"It seems that were going to celebrate that holiday… maybe down here, Representative."
"Yeah, yeah, okay. The reason why I’m asking that is according to Senator Hendon over there, we are the House of Commons and they are the House of Lords. And last I heard, I thought we left that a long time ago. With that being said, the concern that I have is is that we’re so busy bouncing around doing Resolutions and whether the Resolution is tell… for us to tell the Governor that we don’t like his proposal or for them to tell us they don’t like our proposal or, you know, I’m a little concerned because we’re getting closer all the time to the time whenever people in my district and yours and everybody in here, that are owed money by the state are going to quit receiving paychecks. And I think it’s about time that we got focused on what it is that we need to do around here and quit trying to govern by Resolution and actually start governing and coming to the meetings, sitting down and getting with the Governor and but wait… wait, we got to get the Governor here when we get the Governor here, then we need to actually work on what it is that we’re supposed to be doing. Unfortunately, I understand that yesterday the Senate picked up a very important Resolution to honor Cheap 09500077.doc 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 Trick. Now, from what I understand, not to say that they are not a wonderful group. Actually, they’re to the point now age wise that I think they fall under classical music. But we want to be sure and honor groups like that, but that’s not going to put food on the table of the people throughout this state that are dependent on the dollars coming to them from the state and the general operations of this State Government. I’m a little concerned whenever I look around and see what happens, because I’m reminded of a statement that I read one time years and years ago on a… on a… on a Metro Link board and what it said was, ‘I want to be in charge, please let me be in charge, please, please, can I be in charge? Oh, please, let me be in charge, please let me be in charge, let me be in charge please. Oh, I’m in charge, now what do I do?’ That’s your situation. They’re in charge, you’re in charge, get something done. Let’s quit treating the people of the State of Illinois like trash bags and actually get up here, start doing the work, sit down, stop with the ego trips, stop passing Resolutions and start passing a budget so people can continue to survive in this state."
"Representative Lang."
"Thank you, Mr. Speaker. A point of personal privilege."
"State your point.
"Thank you. Mr. Speaker. I don’t know how many Members on the floor listen to the Senate debate on the Resolution they passed today indicating that they would not be supporting the budget that came out of the House, but the debate was telling, not for those who were for the 09500077.doc 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 Resolution or against the Resolution, but the kind of rhetoric that was coming out of the Senate, frankly, on both sides of the aisle, about the process that takes place in the Illinois House of Representatives. And as a person that’s been here for close to twenty (20) years, I take seriously the work we do here and it doesn’t sit kindly with me that the chamber across the way thinks so much of our work that they would spend an hour of their time just insulting the work we do over here. I would suggest, Ladies and Gentlemen, that listening to that debate would be a worthwhile experience. And I would suggest further that, whether you voted for or against the budget that we passed in the House before the deadline, whether you liked that budget or you didn’t like that budget, we all collectively have some responsibility and yes, some… should have some commitment about the work that we do here and we should not sit by idly and watch the other chamber trash our work, whether it’s good work or not good work. And so, I think it’s wholly necessary and important that we all hear this debate. And so, Mr. Speaker, I would make a request of the Clerk that the Clerk contact the Pres… the Secretary of the Senate and ask that a CD of that debate be made available to all 118 House Members for our review. Because, Mr. Speaker, Ladies and Gentlemen, we all do important work here. We don’t always get our way. We don’t always pass legislation we think is appropriate and sometimes legislation passes this chamber we don’t like. But we all take seriously what happens here and it is not appropriate for the other chamber, either side of the 09500077.doc 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 aisle, to make the kind of comments and to use the kind of rhetoric I heard today in the Senate regarding the work we do here. So, I hope you will all join me in an effort to at least listen to that debate and make appropriate public comment where you think it’s necessary. For a chamber to ignore the work we’ve done and yes, trash the work we’ve done and then proceed to adjourn ‘til next Tuesday when they haven’t even started the process of trying to pass any budget at all, a good one or a bad one, is something we need to take a strong look at. This is a two chamber General Assembly, not a House of Lords and a House of Commons, a two chamber General Assembly and we should promote our ideas and the Senate has the responsibility to review them openly and respectfully and then make their decision. What they did today was wrong, in the way they did it, what they did today was wrong with the rhetoric they used and I implore all of you to listen to this debate over in the next couple of days and draw your own conclusions. Thank you, Mr. Speaker."
"Representative Meyer."
"Thank you, Mr. Speaker. Mr. Speaker, I have a couple questions I’d like to address to you. First of all, and make a point of personal privilege. Mr. Speaker, we’re about ten (10) days away from the end of this fiscal year. And I am asking you because you have been the Leadership in the budgeting process on the other side of the aisle, not only this year but many years past and I have a great deal of respect for your talents in that area. Mr. Speaker, could you enlighten us as to what is the plan of the 09500077.doc 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 Majority Party that’s controlling government in the State of Illinois, if we get past the end of this fiscal year and into the next fiscal year without a budget?"
"Representative, I think that’s what our job is here in this chamber and in the chamber across the rotunda and the Governor."
"Well, what is the plan? I realize that there’s been a budget passed from this chamber to the other chamber. They’ve now decided not to act on that budget. We’re ten days away from the end of this fiscal year. We get into July, it’s my understanding that if there isn’t a budget in place by at least the middle of July that we’ll start not paying our employees, which means the employees of the State of Illinois, and then we have the bills that are owed to vendors that do business with the State of Illinois, many of which have over the last couple years been… been delayed in being paid by as much as six to nine (6 to 9) months in some instances. I know it fluctuates and ebbs and flows with the receipts of money by the state, but at the same point of time we have a horrible record. We have offices to run. We have employees to pay. We have services that the people of this state depend upon and I guess I’m just asking, what is the plan, if we could all be let in on it, at least in this House, where we have had extensive debate on the budget prior to the first initial cutoff of time. And now the Senate seems to have drug their feet to the point where now we’re in a crisis. What is the response, I guess, is what I’m asking?" 09500077.doc 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007
"Representative, I think we passed a budget and time will tell what… what becomes of that."
"Is… is the Governor, does the Governor have a plan that he is relayed to the Leadership of this House and the Senate as to what he plans to do?"
Speaker Hannig: "I think he introduced his plan back in January."
"Well, his plan was, I believe, rejected by the budget that was passed over to the Senate and now I guess my question is, what’s the next… the next part of his plan as to how he’s gonna bring everybody together and to get a budget passed that will keep this state in business?"
"Representative, perhaps you should ask the Governor."
"Well, I… I guess by this, by this communication here, I am asking the Governor. The Governor has a responsibility to provide the leadership. It’s his budget; he’s put it forth and has not had anybody rise to support his agenda of attack to keep this state as a viable state. We’re floundering. He doesn’t seem to care. He comes down here, when he feels like it, for an hour or two (2) at a time and then back to the Chicago area to be at home with his family. I want to know when this Governor is going to start to be serious about running this state and to providing the leadership that he seemed to want to have when he ran for office. I would suggest to him that running for office is more than just a press pop of seeing your name in the paper as being the Governor and walking into ceremonial meetings and being introduced as the 09500077.doc 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 Governor. It means that if things are as bad as he likes to project all the time, that he… he, in fact, now has had six (6) years of failure I would suggest and with no end in sight, that he is going to continue to be very ineffective. I saw… I saw where one of the Members from the other side of the aisle from your Party, that a according to at least one of the press people here, had inquired about impeachment proceedings. Whatever occurred with those, whatever occurred with those… inquiries? Do you… Are you… Okay. Well, I… I've tried everything I can to get an answer here and I… I guess the sorry part of it and this is by no means in disrespect to you, Sir. I have a great deal of respect for you, but the sorry part is that we don’t have answers in this House in terms of what the Governor's plan of attack to solve the problems of the state's budget process, to give this state a budget that we can work on for next year. He has provided no leadership whatsoever in this now and it is a sorry state of affairs and the people of this state should not have to tolerate it at any point in time and certainly not into the future. This Governor either needs to lead or get out of the way."
"Representative Bellock."
"Thank you very much, Mr. Speaker. Point of personal privilege."
"State your point."
"I'd just like to speak to everyone here for just one minute about one story. As Representative Mulligan said, is there anybody else here that's having problems with people not getting paid? I had an executive director of an agency 09500077.doc 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 of four hundred and fifty (450) disabled children call me last week. Half of these kids are in wheelchairs, some are deaf, some are dumb, some are blind and all of them, all four hundred and fifty (450) of them are in need of services. She was told by Medicaid that they were broke and they could not pay their bills to them. She called me on the phone. I made fourteen (14) phone calls for her to try to get their monthly payment of which they told them that they would pay nothing. I am asking all of us, I am asking the administration, I think it is wrong not to be apparently owning up to our fiduciary responsibility at present, I am not even talking about the budget, I am talking about at present, not to pay the Medicaid bills of all the children in Illinois that deserve those bills paid right now. Four hundred and fifty (450) kids of just one group that just called me last week I have had two (2) more groups call me since then. But I am asking all of us, to get those Medicaid bills paid now. Those children do not deserve to not have the services that they need now. And talk about going forward with new programs, when we need to take care of those kids today. I am asking all of us to put that as our number one priority, to take care of the disabled, who it is not their fault that all of this other negotiations is going on, but that those bills are not getting paid. We need to put that as our top priority and I am asking all of you to join with me in doing that. Thank you."
"Representative Rose." 09500077.doc 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007
"Thank you, Mr. Speaker. Ladies and Gentlemen, this is ridiculous. It's now three (3) weeks passed scheduled adjournment. It's a week before the end of the fiscal year. There's no budget in sight. And the only thing that's happening is that the Democratic Leaders in this building are taking cheap shots at each other, one after the other. What just happened in the Senate is the latest in a long line of cheap shots. I represent state employees at Eastern, I represent state employees at the University of Illinois, Parkland College, Lakeland College that rely on State funds; Department of Transportation workers. They may not get paychecks. These are real families, Ladies and Gentlemen, you know what, growing up, I was one of them. My mom spent twenty years (20) at Eastern Illinois University. I remember in the early 90s wondering whether or not we would be able to buy food and groceries at the end of the month because the Legislature was in overtime Session. I remember what that's like to have your parents come home and say, I don’t know what's going on because these bozos can't figure it out. And all I see is one cheap shot after another by the Democratic Leadership that runs this place. It's time to figure this out."
"Representative Biggins."
"Thank you, Mr. Speaker. I would just like to point out yesterday that one speaker on the other side of the aisle, the last one that spoke, talked about the verbal assault on the Speaker of the House and the state budget that was done in the Senate chamber, yesterday. Well, I did some checking and I found out that the assault was not 09500077.doc 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 carried out by any Senate Republicans but it was only Senate Democrats who were assaulting verbally the Speaker of our House and the budget that was passed out of this chamber. Additionally though, I do have a question of the Chair, Mr. Speaker."
"State your question."
"While we were gone yesterday, two (2) names appeared in the news that I heard about. One was… I think they were named… one was Cheap Trick and the other was former Senator Dick, Dick… the Congressman Dick Gephardt and I wondered if there was any connection between that or if one is related to the other or what happened while we weren't here yesterday with Cheap Trick and Dick Gephardt. Could you answer that?"
"Representative, I think that one gentleman who's in the entertainment business made a presentation and some appearances in the Senate. And another former Congressman made a presentation to the Leaders on health care."
"Was either of them funny?"
Speaker Hannig: "I didn’t get any reports to that effect, Representative."
"Well, thank you for that explanation."
"Representative Jefferson."
"Thank you, Mr. Speaker. A point of personal privilege."
"State your point."
"Thank you. You know the fact that we're coming down here with no per diem and we don’t have a lot of 09500077.doc 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 money, Art Turner, myself and former Representative Paul Williams decided to feed everyone tonight. The fact that we don’t have any money, we're going to feed you tonight. So, all you have to do is come by the party. We've got food, more food and food to spare. So, I invite your staffers and invite everybody you know and come on by, and let's have a great time tonight. Thank you."
"On page 5 of the Calendar, under the… oh, excuse me. Mr. Clerk, read the Committee Reports."
"Committee 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 June 20, 2007, reported the same back with the following recommendation/s: 'approved for floor considerations is Amendment #2 to House Bill 122, Amendment #2 to House Bill 128, Amendment #3 to House Bill 1826, Amendment #2 to Senate Bill 17, Amendment #2 to Senate Bill 149 and Amendment #3 to Senate Bill 184."
"On page 5 of the Calendar, under the Order of House Bills-Third Reading, is House Bill 122. And I am advised do we need to return that to Second, Mr. Clerk, for an Amendment? Is there a pending Amendment on that Bill?"
"Floor Amendment #2, offered by Representative Saviano, has been approved for consideration."
"So, let's return that to the Order of Second Reading. And now, Representative Saviano, you're recognized on Amendment #2. Representative…"
"Thank you, Mr. Speaker, Members of the chamber. Senate Amendment #2 to House Bill 122 is simply some 09500077.doc 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 cleanup language in cleaning up the hearing process as it affects this licensure. We're going to do this across the board on a number of licensures after working with the Speaker's Office. This is an Agreed Amendment. I would ask for its adoption."
"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."
"Third Reading. Mr. Clerk, read the Bill."
"House Bill 122, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Representative Saviano."
"Thank you, Mr. Speaker, Members of the House. House Bill 122 simply extends the sunset date of the Marriage and Family Therapy Licensing Act from January 1, 2008 to January 1, 2018. It makes no other changes than the cleanup that we just attached. And I would ask for a favorable vote."
"The Gentleman has moved for the passage of House Bill 122. Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. This requires 71 votes. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Hoffman, Scully, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 104 voting 'yes' and 0 voting 'no'. And this Bill, having received a Three-fifths 09500077.doc 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 Constitutional Majority, is hereby declared passed. Mr. Clerk, what is the status of House Bill 128?"
Clerk Mahoney: "House Bill 128 is on the Order of Third Reading."
"Is there an Amendment that is pending on this Bill, Mr. Clerk?"
Clerk Mahoney: "Floor Amendment #2 has been approved for consideration."
"So, let's return this to the Order of Second Reading. And Representative Saviano, you're recognized on the Amendment."
"Thank you, Mr. Speaker. This Amendment is identical to the ones we just attached to House Bill 122. It's just cleaning up the hearing process and the amount of days for a hearing in front of the licensure board and I would ask for its adoption."
"Is there any questions on the Amendment? Then all in favor say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"
"No further Amendments."
"Third Reading. Mr. Clerk, read the Bill."
"House Bill 128, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Representative Saviano."
"Thank you, Mr. Speaker, Members of the House. House Bill 128 as amended simply extends the sunset date from January 1, 2008 to January 1, 2018, for the Home Medical Equipment Services Provider License Act. And I would ask for its passage." 09500077.doc 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007
"Is there any discussion? This requires 71 votes. And 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 Scully, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 104 voting 'yes' and 0 voting 'no'. And this Bill, having received a Three-fifths Constitutional Majority, is hereby declared passed. On page 7 of the Calendar is House Bill 149. Mr. Clerk, what is the status of the Amendments? House Bill 14… I'm sorry. Senate Bill 149, excuse me."
Clerk Mahoney: “Senate Bill 149 is on the Order of Third Reading. Floor Amendment #2, offered by Representative Saviano, has been approved for consideration."
“So, let's return that to the Order of Second Reading. And Representative Saviano is recognized on the Amendment. Representative Saviano."
“Thank you, Mr. Speaker, Members of the House. Floor Amendment #2 adds to the Bill as amended to Floor Amendment #1. Again, it readjusts the hearing process in that it sets the board… on the sixty-day hearing requirement it goes into a little more detail regarding the appeals. For direct appeals request and the board fails to issue a finding in thirty (30) calendar days and the secretary fails to issue an order within thirty (30) calendar days, then the hearing officer's report is accepted and becomes the final decision. This has been worked out with the Speaker and the Department 09500077.doc 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 of Financial and Professional Regulation. And I would ask for its adoption."
Speaker Hannig: “All in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"
“No further Amendments."
“Third Reading. Mr. Clerk, read the Bill."
“Senate Bill 149, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
“Representative Saviano."
“Thank you, Mr. Speaker. With the Amendment and the underlying Bill, this extends the Physician Assistant Practice Act from January 1, 2008 to January 1, 2018. It also amends the Medical Practice Act, the Electrolysis License Act that provides that nothing in Acts limits the rights of persons licensed under the Act to delegate tasks or duties to licensed or unlicensed personnel who have been trained to perform the task or duties delegated. Amendment #2 is the one I just described. And this cleans up some of the problems we've had with some of these Acts. And I would ask for its passage. Thank you."
“Is there any discussion? This requires 71 votes. The Lady from Lake, Representative May."
"Will the Sponsor yield?"
“He indicates he'll yield."
"Yes, could you, I don’t see it on our analysis, could you tell me if the State Medical Society has weighed in on this Bill?" 09500077.doc 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007
“Yes, they have. We've consulted with them and they have no position."
"Okay. So, they're neutral?"
“That's correct."
"Because we're changing the physician assistants. And exactly, I know that there is a little bit of noise here. Tell me… the alternate supervising physician, can you tell me in layman's term? I mean, have we broadened the definition? Have we tightened the definition? Exactly how has this changed?"
“It… it… At what… I'm trying to locate where… where you're referring to."
"Well, my analysis says the definition 'alternate supervising physician' has been changed. So, I am asking how it has been changed."
“Mr. Speaker, if I may address the Chair. I've just been informed there's been another Amendment filed on this Bill."
“Did you wish to take it out of the record?"
“Take it out of the record and bring it back to Second for me, please."
“Okay. So, Mr. Clerk, let's return this to the Order of Second Reading. We will hold there at the request of the Sponsor. On page 8 of the Calendar, under the Order of Senate Bills-Third Reading, is Senate Bill 1446. Mr. Clerk, read the Bill."
“Senate Bill 1446, a Bill for an Act concerning education. Third Reading of this Senate Bill."
“Representative Hernandez." 09500077.doc 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007
"Thank you, Speaker. Senate Bill 1446, as amended, its intention is to initiate a program administered by the Illinois Community College Board to offer English language classes to United States citizens, lawful permanent residents and other persons residing in this state who are in lawful immigration status with the intention of those individuals becoming more fully integrated in American society and culture and to expand the availability of qualified providers. The language of this legislation is permissive, not mandatory, program may be initiated at the time when there is a reasonable expectation of appropriation. House Amendment 2 allows for a budget request of less than fifteen million (15,000,000) so that the pilot programs may start with smaller appropriations and allows the ICCB to be as flexible in the funding request for the We Want to Learn English initiative should the board desire to initiate such a program. I ask for your favorable vote."
“Is there any discussion? The Gentleman from Cook, Representative McCarthy."
“Thank you, Mr. Speaker. I would just like to compliment the Sponsor for her work on this Bill. She came to committee, had a difficult time getting the Bill out of committee. Went back, worked on an Amendment and when she brought it back to committee it passed unanimously. And I would urge everyone to be supportive of the Lady's efforts on Senate Bill 1446."
“Is there any further discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 09500077.doc 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 'aye'; opposed 'nay'. The voting is open. This requires 60 votes. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Lyons and Scully, do you wish to be recorded? Represen… Mr. Clerk, take the record. On this question, there are 95 voting 'yes' and 9 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 9 in the Calendar, under the Order of Senate Bills-Second Reading, Representative Reitz, you have Senate Bill 17. Representative Reitz, do you wish us to read this Bill? Read the Bill, Mr. Clerk."
“Senate Bill 17 has been read a second time, previously. No Committee Amendments. Floor Amendments 1 and 2 have both been approved for consideration."
“Okay. So Representative Reitz on Amendment #1."
"I'd like to table Amendment #1."
“Gentleman withdraws Amendment #1. A nd now Representative Reitz on Amendment #2."
"Thank you, Mr. Speaker. Amendment #2, this deals with the woodland assessment Bill. We have put in a provision that exempts the nature preserve from this Bill. And we had a transition plan for the wooded acreage to transition wooded land as we move forward and try to grandfather everyone in and also it exempts Cook County. I'd be happy to answer any questions."
“Is there any discussion? The Gentleman from McHenry, Representative Franks on the Amendment."
"Thank you, Mr. Speaker. Will the Sponsor yield?" 09500077.doc 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007
“He indicates he'll yield."
"Representative, I am trying to figure out what this will do. I am reading the analysis. And if you could describe it a little bit."
"The original Bill, it will set up a managed land program. This is for wooded acreage. We worked with the people in the environmental community and with DNR to try and set up a management plan that will allow people to go in that own woods. It expands it also to wetlands and grasslands and allow them to have a managed care program that will at least be set at 5 percent of fair market value because of the stewardship ability they are going to have and going through, if they're approved for a managed land program. That’s one component. The second part is… was the original intent of the Bill to try and deal with the wooded tax assessment. A bulletin that was sent out by the Department of Revenue a couple of years ago. urged them to roll that all up to thirty-three and a third to fair market value as opposed to… as opposed to doing it under farmland assessment."
"Because farmland is a smaller assessment."
"Correct."
"So this would actually have a higher value for the land, so it would be a higher property tax bill? That's what I am trying to figure out."
"It… No, what this… what this Amendment does is puts a transition in to transition from a conversion factor so we can convert it from a woodland… from a farmland assessment to a fair market value assessment. So they will… it'll 09500077.doc 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 essentially be taxed the same. And what we have done now, is grandfathered everybody in and on the time of any transfer or sale then they will move to a fair market value. So, we are grandfathering… we're freezing everything where they're at right now and going forward, prospectively, when they sell land that it will go to fair market value."
"Fair market value…"
"Thirty three and a third of whatever… whatever the average price is, however they assess woodland in that county."
"As woodland, but not as farmland."
"Not as farmland, no. It will go to woodland… will be… and that was the impetus for this whole idea and it's based on a task force that we put together a couple of years ago to look at this in working with Revenue on trying to find ways to tax this property."
"What will be the net effect to the landowners who have the woodlands? Would their property taxes increase as a result of this legislation?"
"No. Under… under this, the way it's currently done, they will… they will pay the same amount. It will convert it from a farmland assessment to a real property assessment, but the tax bill will be the same until they sell it. And then the new owner will be subject to the fair market… thirty three and a third of whatever the property is assessed for. So, we're trying to protect the current owners that have been working under this system for thirty (30) or forty (40) years. And this is all based on an 09500077.doc 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 interpretation by Department of Revenue that this land should not be taxed as farmland."
"That's what I am trying to figure out. Why we're going to… it worries me though because ultimately for the next purchaser, if they purchase woodland they're going to have a higher tax on the subject property than they would as it currently stands as it's taxed as farmland. So, I am concerned that they would not have such an incentive to maintain the woodland if they have to pay a higher tax on it. Wouldn’t they be more likely to clear that so they can use it for something more profitable?"
"No, I think this Bill will keep us from clearing that. Right now, there are people that don’t want to pay the higher tax. Basically, they were paying the lower woodland tax that are getting into either forestry management program which has even a lower tax or else just clearing it off because if it is less than 50 percent woodland, if it's more than 50 percent farmland it will stay under the farmland assessment. So we are finding people just clearing trees off to try and get back under the farmland assessment. This will allow them to freeze where they're at right now, protect our woodlands and if they… any… and any owner or anyone that is currently under thirty-three and a third, it will allow them the opportunity to get under probably a less restrictive managed care program that will allow them to do the right thing environmentally and keep our woodlands intact."
"I appreciate you explaining that. Is there anyone who is opposed to this?" 09500077.doc 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007
"Not that we know of."
"Okay. Thank you very much."
“Why don’t we adopt the Amendment and then on Third Reading we'll let everyone ask questions. We'll just put it on unlimited debate on Third after we adopt the Amendment. Okay? So, all in favor of the Gentleman's… Representative Reis on the Amendment. Did you wish to oppose the Amendment?"
"Yeah."
“Okay. Well then, go ahead. Go ahead."
"I mean, we spend all of this time debating on Third Reading and my question, I have some questions to the Sponsor as to why we're offering an Amendment on a Bill that's already passed the Senate that's recommended from the task force. So… Okay. Thank you."
“That's a fair question."
"Will the Sponsor yield?"
“He indicates he'll yield."
"Representative, you know this issue is… next to the electric rates now, probably has generated more correspondence into our offices, especially in Southern Illinois. My question to you is, why are we amending a Bill that passed out of the Senate and was the recommendation of the task force that had many, many meetings and conferences to try to address this issue?"
"The first Bill… the Bill and Senator Sullivan is the Senate Sponsor is here. We just moved the Bill along where we were at that time to try and keep it through the process. We have been continuing to meet the task force as 09500077.doc 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 Representative Watson and Senator Jones and Senator Sullivan and I have been meeting with Revenue and all of the interested parties and all the task force just trying to come up with this and this is where we're at right now. Actually, we have a couple more concerns. My intent is to adopt this Amendment and hold this Bill to talk with a couple of other Representatives and maybe have further Amendments."
"Was this Amendment offered by the task force?"
"Yes. This… this Amendment is where we're at right now with the task force and…"
"Who recommended the Amendment, was it them or the Department of Revenue?"
"We did… we did. The task… the Legislative Members have recommended this."
"Okay. So, my question is and I want to make sure that I go home and tell my people that I did the best that I could on this issue, is this will not affect current property owner's taxes, it will only affect them if they sell the ground?"
"That's correct."
"So, will that cause that ground to be less valuable, that the person who's bidding on the ground will automatically take that into consideration when they bid on the property?"
"Possibly."
"Knowing that their taxes are going to go up?"
"It… it possibly will. But… but they will know it. What our intent of the task force is with this is try to protect the people that have been paying this same tax for the last 09500077.doc 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 thirty (30) or forty (40) years and deal with it prospectively. Revenue has determined and I guess our people have probably agreed that it should not be under… and the Farm Bureau actually agrees… that it should not be under farmland assessment. So, that's why we have a conversion in here to convert this to fair market value, protect the people at the current level of assessment that they're at right now with the current tax bill and deal with it prospectively. And the new owners will know that they will be paying based on fair market value."
"So, will they still have the ability to be exempted from this higher property tax, if they have forest management plans?"
"Yes, and they'll have another option where they'll get under a managed… a managed land program… that they'll be able to do that which is probably better in the long run, I think, will be better than the forestry management program. You won't have to cut your timber, you can just manage it for wildlife."
"Okay. Okay, Representative. Thank you very much. You've have been very helpful."
“Representative Watson on the Amendment. Okay. Representative Cultra on the Amendment."
"Will the Sponsor yield for a question?"
“He indicates he'll yield."
"How about an heir? If… if the ground is passed through a death in the family, what happens to the property tax?"
"Any… any transfer, it will be dealt with anything prospectively from here on out, if it's any transfer, 09500077.doc 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 including a will or something like that, it will be based on fair market value. If it falls under this, if it's… if it's farmland, if it's… if it's more than 51 percent tillable it will continue to be under farmland. This is just property that is strictly wooded areas that is less than 50 percent… or more than 50 percent woodland."
"Well, I think that's an ar…"
"Nonfarm areas."
"That's an area of my concern, is… is that some of these timber tracts have been in the families for generations and if we don’t look at some way to keep the property tax at the current level, the future generations, those generations may not be able to hang on to this land. So, I think that's something the task force needs to look at."
"And I think that's why we set the conservation program, is to get people those protections and apply for that and you will be deemed to be in that program until we get everything worked through and you're approved."
Speaker Hannig: “Representative Watson, are you seeking recognition?"
"Yes."
“Proceed."
"To the Bill. I would just… Ladies and Gentleman of the House, this is a complicated issue. Everybody worked very tough together, very, very hard together on the… regardless of Party, regardless of which House we were in. This is the best that we could do. It's the best we're going to be able to do given the climate, given some of the parameters for 09500077.doc 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 these landowners that will be impacted by this. And I urge everyone to support it."
Speaker Hannig: “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. Did you indicate that you wanted to hold this, Representative Reitz?"
"Yes, I will, Mr. Speaker. Senator Sullivan has been gracious enough to come over from the House of Lords to talk to us about this. So, I would like to pull it from the record at this time."
“Okay. So we'll hold it here on Third Reading. Representative Eddy, on page 9 of the Calendar, you have Senate Bill 184. Do you wish us to read that Bill? Representative Eddy. Okay. Out of the record. Representative Golar, on page 11 of the Calendar under Senate Bills-Second Reading, you have Senate Bill 581. Do you wish us to read that Bill? Shall we read the Bill? Mr. Clerk, read the Bill."
“Senate Bill 581 has been read a second time, previously. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
“Third Reading. Mr. Clerk, read the Bill. Do you wish us to read the Bill now? Representative, we can read it on…?"
"Yes."
“Okay. Mr. Clerk, read the Bill." 09500077.doc 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007
“Senate Bill 581, is a Bill for an Act concerning health. Third Reading of this Senate Bill."
“Representative Golar."
"Thank you, Mr. Speaker and Members of the House. Senate Bill 581. This House Amendment guts and replaces the Bill. This Bill creates a tool for DHS to work towards housing for no more than four (4) developmentally disabled persons compatible in gender, similar care needs, and age. This Amendment does the following; it has three (3) components. Developmental disability may be include an autism spectrum disorder. It also has two (2) phases. The first phase of this fiscal impact will begin with eighty (80) individuals, persons of the same similar needs, will go into effect the fiscal year 2001… 2007 of July and the second phase, an additional eighty (80) individuals who meet emergency or critical needs criteria will go into effect July 1 of 2008. The Community Residential Choice Program is reserved for people who have chosen roommates followed by other noncrisis individuals. I would ask for a favorable vote. Thank you."
“The Lady has moved for the passage of Senate Bill 581. Is there any discussion? The Lady from Cook, Representative Mulligan."
"Is this only… Thank you, Mr. Speaker. Will the Sponsor yield?"
“She indicates she'll yield."
"Representative, is this only if there's an appropriation made for this or is money going to follow the client?"
"What was the question, Representative?" 09500077.doc 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007
“Is it subject to appropriation or is it just…?"
"It is subject to appropriation."
“So, if funding is available, it's not subject to appropriation, is it for all instances or is it subject to appropriation if funding is available?"
"Could you repeat that, please?"
“Does it need additional funding in order for the program to go…"
"Yes, it does."
“…to go into effect?"
"Yes."
“Okay. And it's not subject to appropriation or it is subject to appropriation?"
"Well, it's… I think it's two (2) layer. DHS is working on funding and then there are additional funds that will follow it and it's subject to appropriations. So, it's a twofold."
“So, will money follow the client if they're coming out of another facility?"
"Yes."
“All right. But it doesn’t prioritize that money will follow the client. It just addresses…"
"No, it does not."
“…what the priority would be. What's… was this Committee Amendment in the House?"
"Yes, it was. No, it was not. Wait a minute. The Amendment was in the committee."
“It was in Human Services and it came out of Human Services." 09500077.doc 31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007
"Yes, it was."
“Okay. I'm not quite sure what it is actually accomplishes that we haven't done before. So…"
"Well, it sets the priority for community residential persons with developmental disabilities. It prioritizes it for people of four (4) or more."
“So, it gives a priority to people that are with four (4) or more?"
"Yes."
“Four (4) or less?"
"No more… no more than four (4). They have their own separate rooms."
"All right. So, isn’t it more expensive to do smaller homes? If you do eight (8), why was there a decision to make four (4) as opposed to eight (8)?"
"Well, I think that this was in the discussion with DHS. We have had many meetings early in the morning with DHS on this Bill. And this initiative is something that I feel that has been done before and the… the direct care nurses that are with this in terms of coming out to these particular residential homes, they found that this is a track record in terms of only having four (4) in these… these particular residential choice, because this is a choice program for persons of developmental disabilities."
“Representative…"
"Yes."
“…is… are these going to be available to people that are currently running group homes or do they have to be new?" 09500077.doc 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007
"What's your question, Representative?"
“Will this option be available to people that are currently running group homes or will they have to be new?"
"I would imagine that… the Bill says that if the noncrisis placements cannot be filled with individuals who have chosen roommates, the Department shall reserve those placements for individuals who are not considered in crisis and shall develop…"
“Representative, your 5 minutes have expired. Could you bring your remarks to a close? Why don’t you first answer the question and then we'll let Representative Mulligan conclude, so… Representative Golar."
"Thank you, Mr. Speaker. It will be for the emergency or critical need criteria of the department database and who also meets the department's priority population criteria for residential services and whose parents are over the age of sixty (60), residential program with chosen house mates."
“Representative Mulligan."
“Representative, all right. I just… a closing statement. I don’t disagree with this except that it's very limited and the fact of the matter is in 2000 we had twenty- eight thousand (28,000) developmentally disabled people living with caregivers over the age of sixty (60). We have nothing… we have not investigated what this state's going to do about that. The object that we don’t want to warehouse people anymore is very apparent. I am just wondering. The four (4) number sounds like a good number if we have unlimited money and we would take into consideration the number of people that are out there that aren't going to 09500077.doc 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 have spaces right now for them to be. So, though I agree with it, the current state budget and the tenor of the budget negotiations doesn’t lend itself to adequately handling this and so I am not quite sure what we are going to do. And although I agree with what she is doing, although I would have preferred a better explanation on her part, I'm concerned with the total outcome of us passing any of these measures this year."
“Representative Bellock."
"Thank you, Mr. Speaker. To the Bill. I think what this Bill did was to clarify that we wanted to put an emphasis in the State of Illinois and creating more CILAs with four (4) beds and under. And that has been a major change in the State of Illinois. I think Representative Golar's Bill is to accentuate that change, especially since we've just had the new grant for money to follow the individual, which Representative Mulligan was asking about. And I think that this Bill is something that is to promote more CILAs with money to follow the individuals into the CILAs of four bed homes."
“Is there any further discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. This requires 71 votes. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Feigenholtz, Hoffman, Mautino, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 104 voting 'yes' and 0 voting 'no'. And this Bill, having received a Three-fifths Constitutional Majority, is hereby declared 09500077.doc 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 passed. On page 7 of the Calendar is Senate Bill 528. Mr. Clerk, read the Bill."
“Senate Bill 528, a Bill for an Act concerning property. Third Reading of this Senate Bill."
Speaker Hannig: “The Lady from Cook, Representative Feigenholtz."
“Thank you. Senate Bill 528 is a piece of legislation that corrects an error in the Condominium Act, under a unique set of circumstances which allows parking spaces and storage spaces to actually have the same number of votes as residential units. I would be glad to answer any questions."
“Is there any discussion? The Lady from Cook, Representative Mulligan."
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“She indicates she'll yield."
“Representative, how come we're passing any Senate Bills after today's debate in the Senate?"
“You know, Representative Mulligan, I don’t know."
“I'm just wondering if the money's going to follow the storage space."
“Representative Dunkin. Did you wish to speak, Representative Dunkin? No? Okay. Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; all opposed 'nay'. The voting is open. This requires 60 votes. 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 104 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is 09500077.doc 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 hereby declared passed. On page 13 of the Calendar, under the Order of Concurrence, Representative Coulson, you have House Bill 816. Representative Coulson."
“Thank you, Mr. Speaker. I move to concur in Senate Amendment 1 to House Bill 816. Essentially, this makes the Bill the same as the Bill, Senate Bill 396, but just to encourage the transfer of rights for students when they reach majority in school and I believe it passed unanimously. I encourage an 'aye' vote."
“Is there any discussion? Then the question is, 'Shall the House concur in the Senate Amendment and shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. This requires 71 votes. 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 104 voting 'yes' and 0 voting 'no'. And the House does concur in the Senate Amendment. And this Bill, having received a Three-fifths Constitutional Majority, is hereby declared passed. Representative Joyce on House Bill 820. Out of the record. Representative Ramey on House Bill 841. You're recognized on a Motion to Concur, Representative."
"Thank you, Mr. Speaker. House Bill… I ask for a concurrence on House Bill 841. The Senate just added a line that included the State Police. So, I ask for an 'aye' vote."
“Is there any discussion? Then the question is, 'Shall the House concur in the Senate Amendment and shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. This requires 60 votes. Have all voted 09500077.doc 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 104 voting 'yes' and 0 voting 'no'. And the House does concur in the Senate Amendment. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Coulson, you're recognized on House Bill 982."
“Thank you, Mr. Speaker. I move to concur in Senate Amendment 2 that basically changes the underlying Bill to require the reporting to go to a different department at the request of that department. And I'd encourage an 'aye' vote."
“Is there any discussion? Then the question is, 'Shall the House concur in Senate Amendment and shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. This requires 71 votes. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Sacia, do wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 104 voting 'yes' and 0 voting 'no'. And the House does concur in the Senate Amendment. And this Bill, having received a Three-fifths Constitutional Majority, is hereby declared passed. Representative Collins, you're recognized on House Bill 1517."
"Thank you, Mr. Speaker. I would like to concur on House Bill 1517."
“Is there any discussion? The Gentleman from DuPage, Representative Reboletti."
“Thank you, Mr. Speaker. Will the Sponsor yield?" 09500077.doc 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007
“She indicates she'll yield."
“Representative, I know that you have a history in criminal justice and I appreciate that. When you were going through this Bill, have you had any conversations with Cook County State's Attorneys Office regarding how many individuals this Bill would affect?"
"Yes."
“And what was… what was that number?"
"I am not sure right now."
“I have had a conversation with them and it was probably about seven thousand (7,000) arrests. It has about seventeen (17) different departments. Have you talked to the State's Attorneys Office regarding how much additional moneys it would take for them to prosecute these cases when seventeen (17) year olds were considered minors?"
"They're already prosecuting these cases. These children were going to be… these are all misdemeanor cases. None of these cases will be going to the jail, they're all misdemeanor cases. And most of the kids go home, almost all of them go home. There is no reason for them to be coming to jail."
“And Representative, isn’t it the intent of the task force to initially review Class IIIs and IVs but at the end of a certain time frame within the next year or so, also review other crimes including Class X felonies, Class I, Class II; those crimes being home invasion, armed robbery, along those lines. Is that correct?"
"This Bill does not deal with any of that. This Bill only deals with misdemeanors and actually the concurrence is 09500077.doc 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 only saying that we're going to delay the effective date six (6) months from when we were supposed to start the date. So, it doesn’t deal with any of that stuff."
"There's on…"
"It's only dealing with misdemeanor cases and those cases are not going… those kids are not going to jail. And it already passed both Houses, we are just concurring to implement the delay in… to delay the implemition… implementation date. That's it."
“Well, I appreciate that, Representative, because I couldn’t imagine how the counties could actually implement this if this actually occurred right away. However… Mr. Speaker, to the Bill. The Cook County State's Attorney Office tells me that it would take them about nine (9) new assistant state's attorneys to prosecute the change from only seventeen (17) year olds being considered for misdemeanors down to the juvenile court system. It is also a very common practice of gangs throughout this state and throughout the country to use juveniles to advance their criminal agenda. This will give them one additional tier level of protection. Then we look at task forces and we'll review other crimes and eventually, we… I can see where this is going, Mr. Speaker. It's going to make seventeen (17) year olds considered minors for the purposes of creating this… committing these offenses. Seventeen (17) year olds are not minors as far as the law is concerned. It should not be that way. There is absolutely no reason to do that. In my district recently, a seventeen-year-old called Fenton High School and told them that he was going to make 09500077.doc 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 Columbine and Virginia Tech look like child's play. I don’t… I think that child… is not a child at that point in time, he is able to inform… to form the intent to commit these type of crimes. What we're trying to do here is now… is change things to reverse the course of action. There is another case out of Streamwood where a seventeen-year old was told by his parents to get a job and he went to go get a firearm and he shot both of them in the back of the head. Fortunately, they survived. So, Ladies and Gentleman, seventeen (17) year olds for any purpose should not be considered children for crime purposes. They are adults. They are college… they're either in college, they're high school graduates or they are working. They know what they're doing. There is no reason to go backwards. And I urge a 'no' vote."
“Representative Collins to close. Excuse me. Representative Mulligan wishes to speak and I didn’t see her light. Representative Mulligan."
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“She indicates she'll yield."
“Representative, in the last scenarios that were described, wouldn’t the court have the decision of whether that person is judged to be an adult or a minor and wouldn’t most of those cases that were described would not be a misdemeanor?"
"None of those cases that he described are misdemeanors. Even if the kid were a juvenile at that point, right now the court has jurisdiction to try that kid as adult anyway." 09500077.doc 40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007
“So, the court is the one that has the decision, it's just not an automatic decision any longer."
"That's correct."
“Thank you."
“And know, Representative Collins to close."
"Thank you. This chamber has already passed this Bill. We're just concurring. First of all, we're only trying seventeen (17)… most seventeen (17) year olds are still in high school. They are not in college. Most seventeen (17) year olds because about ten (10) years ago we changed the age date when kids start school, so they're still juniors in high school, a lot of them are seniors but most of them are juniors in high school. And those kids… we're talking only misdemeanor crimes. This Bill has already passed. We're just delaying the starting date. So, it won't be implemented right away. We're going to do it about six (6) months from now. And I ask for your 'aye' vote for concurrence."
Speaker Hannig: “This requires sixty (60) votes. And the question is, 'Shall the House concur in the Senate Amendment 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 Osterman, Wait, and Cultra, do you wish to be recorded? Mr. Clerk, take the record. On this question, the 'ayes' are 46 and the 'nays' are 58. And the Motion fails. Representative Lyons, you're recognized to concur on House Bill 1301." 09500077.doc 41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to concur with Senate Amendment #1 to House Bill 1301. Basically, it gives the Ombudsman's Office is only required to represent people in their sixty (60)… years of age at senior facilities, to the extent required by the Federal Law. And it also states that the Amendment… the change would also state that the state would also cooperate with other agencies besides DHS to establish regional programs. So, I'd appreciate your 'aye' vote."
“Is there any discussion? Then the question is, 'Shall the House concur in the Senate Amendment and shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. This requires 71 votes. 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 104 voting 'yes' and 0 voting 'no'. And the House does concur in the Senate Amendment. And this Bill, having received a Three-fifths Constitutional Majority, is hereby declared passed. Representative Tryon, you're recognized on House Bill 3729."
"Thank you, Mr. Speaker. House Bill 3729 passed the House and went to the Senate and was amended. What the Bill does is it allows septic systems that are designed to handle large flows, fifteen hundred (1500) gallons and more, it allows the designers to… the ability to bring in alternate technology and bypass the lengthy experimental permit process that Illinois has had in the past. The Amendment in the Senate now removes the objections, replaces the 09500077.doc 42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 terminology of 'experimental use' with the terminology 'alternative technology'. I would urge an 'aye' vote."
“Is there any discussion? Then the question is, 'Shall the House concur in the Senate Amendment and shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. This requires 71 votes. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative wat… Mr. Clerk, take the record. On this question, there are 100 voting 'yes' and 4 voting 'no'. And the House does concur in the Senate Amendment. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 17 of the Calendar is House Joint Resolution 69. Representative McCarthy."
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. As amended, House Joint Resolution 69 resolves that the Board of Higher Education undertake a master plan for Illinois higher education through the creation of a task force. After we amended it we got all of the people who wanted to be part of this as members. And I would ask for a favorable vote."
“Is there any discussion? The Gentleman from Champaign, Representative Rose."
"Thank you, Mr. Speaker. To the Resolution. I wanted to thank Representative McCarthy as chairman of the Higher Education Committee for bringing this forward. I am more than honored to be his hyphenated cosponsor on this. As someone who represents Eastern Illinois University and over a thousand (1000) University of Illinois employees, Lakeland and Parkland Community Colleges, it is high time that this 09500077.doc 43 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 state undertake a thorough review of its higher educational system, look at the product that it's producing which is the future work force of our state and our nation. This is needed. It has been needed for some time. I very much look forward to working with Chairman McCarthy this summer to complete this project. And I want to thank him for… for his leadership on this issue. And again, I want to say I look forward to working with him to really give us an objectives and a priority list so that we can maintain our status as the preeminent leader in higher education in not just a nation but literally the world. And with that, Thank you, Mr. Speaker, I would urge everyone to vote for this important Resolution."
“The question is, 'Shall the Resolution be adopted?' Excuse me. Representative Monique Davis on the Resolution." Davis, M.: "Thank you, Mr. Speaker. Will the task force have a member of the current Board of Higher Ed on there?"
“Representative McCarthy is the Sponsor and he will yield."
"Ma'am, the current chairman of the Board of Higher Education is going to be the chairman of this task force." Davis, M.: "Thank you. Thank you very much."
“Any further discussion? Then the question is, 'Shall the Resolution 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? Have all voted who wish? Mr. Clerk. Representative Hoffman. Mr. Clerk, take the record. On this question, 09500077.doc 44 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 there are 104 voting 'yes' and 0 voting 'no'. And the Resolution is adopted. Representative Moffitt, you're recognized on House Resolution on 450."
"Thank you, Mr. Speaker. House Resolution 450 asks the regional superintendents to distribute material to the school districts regarding the importance of folic acid. They've… their executive leadership has agreed to it. The troubling figure that I think everyone should be aware of is that tests have shown that folic acid can reduce a number of birth defects, prevent them. And that when they have done surveys, only 7 percent of our population understand it has to be taken by women before pregnancy. So that information needs to be out there, help reduce the problems of certain birth defects. So, I would urge a 'yes' vote."
“Is there any discussion? Then all in favor of the Resolution say 'aye'; opposed 'nay'. The 'ayes' have it. The Resolution is adopted. Representative Durkin on House Resolution 451."
"Thank you, Mr. Speaker. House Resolution 451 would direct the Auditor General to perform a program audit of the Illinois State Police forensic lab. The questions which I'm seeking from the Auditor General is to 1) determine whether or not there is sufficient funding going to the labs; 2) whether or not they have appropriate staffing. Other issues which I'm asking is whether or not there is appropriate procedures of protocols in place that are being used within the forensic lab during the workup of forensic work. Also, asking whether or not the Illinois State Police has addressed to what extent they have addressed past problems 09500077.doc 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 with backlog with DNA. And also, asking them to determine what the process is in place to choose what types of outsourcing… what types of private labs will be outsourced for private workup of this type of evidence. And so, I would ask for a favorable vote from this committee and I would welcome any questions from this Body and I'll entertain any questions."
“Is there any discussion? Then the question is, 'Shall the House adopt House Resolution 451?' 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 104 voting 'yes' and 0 voting 'no'. And the Resolution is adopted. Representative Bellock on House Resolution 457. Representative Bellock."
“Thank you very much, Mr. Speaker. House Resolution 457 designated last week as MRSA Awareness Week. And I know we had a lot of discussion here about MRSA this year, the deadly super bug staph infection that's risen 63 percent over the last five (5) years and is the tenth leading cause of death in the United States. Thank you."
“Is there any discussion? Then all in favor of the Resolution say 'aye'; opposed 'nay'. The 'ayes' have it. And the Resolution is adopted. Representative Franks on House Resolution 459. Out of the record. Representative Ford on Senate Joint Resolution 5. Representative Ford. Representative Turner on Senate Joint Resolution #9. 09500077.doc 46 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 Representative Turner. Out of the record. Representative Riley on Senate Joint Resolution 21. Representative Riley."
"Thank you, Mr. Speaker. Senate Joint Resolution 21 proclaims the second Tuesday of September of each year as Kindergarten Day in Illinois. And we would encourage all the parents to enroll their children in kindergarten and you know, really be attentive to the fact that that's a very important start to the child's education."
“Any discussion? Then all in favor of the Resolution say 'aye'; opposed 'nay'. The 'ayes' have it. And the Resolution is adopted. Representative Meyer, you're recognized on Senate Joint Resolution 26."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Joint Resolution 26 extends the deadline on a report that was due from the joint task force on deaf and hard of hearing education options to December 31, 2008."
“Is there any discussion? Then all in favor of the Resolution 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 104 voting 'yes' and 0 voting 'no'. And the Resolution is adopted. Representative Bellock on Senate Joint Resolution 28. Representative Bellock."
"Thank you very much, Mr. Speaker. And I'm proud to do Senate Joint Resolution 28, which renames Highway 355 as the Veterans Memorial Tollway in honor of all the veterans in Illinois and across the United States."
“Is there any discussion? Then all in favor of the Resolution vote 'aye'; opposed 'nay'. The voting is 09500077.doc 47 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Meyer and Turner, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 104 voting 'yes' and 0 voting 'no'. And the Resolution is adopted. Representative Arroyo on Senate Joint Resolution 30."
“Thank you, Mr. Speaker, Members of the House. Senate Joint Resolution 30 establishes November as Lung Cancer Awareness Month. I ask for your support as I fight against this leading cause of cancer death. I think we should have every month as Cancer Awareness month, but naming… naming one month every year. Many people working on this disease, a focus point for their coordinated effort, we will see everything from kite flying events, motorcycle riding, golf tournaments, race dinners to raise money. November is already the month for awareness of lung cancer in many of the states. This is part of a national movement state by state. This cancer that will probably take over a hundred and sixty thousand (160,000) people from our country this year… our county this year. That's like having one 911 disaster every week. To push for this Resolution comes from a constituent, Jackie Anderson, who has stage IV cancer. She never smoked and still contracted this deadly disease. This year she contacted the district office of Senator Delgado and myself in my district. She knows that she will very likely not live long enough to see the cure but wants to do anything to help others. If anyone would like to contact her, she is a very willing person, willing to speak 09500077.doc 48 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 to anyone. Thank you. And I appreciate a 'yes' vote on this."
“Is there any discussion? Then all in favor of the Resolution say 'aye'; opposed 'nay'. The 'ayes' have it. And the Resolution is adopted. Representative Bellock, you're recognized on Senate Joint Resolution 43. Okay. We'll take that out of the record for a few moments. Mr. Clerk, would you read the committee schedule for after adjournment. Representative Dunkin… Excuse me. Representative Dunkin, for what reason do you rise?"
"Thank you, Mr. Speaker. Members of the House, I ask that we share a moment of silence for the nine (9) firefighters in Charleston, South Carolina. I know we have a number of firefighters here in this chamber, a number of supporters of firefighters. So, we just ask for a moment of silence for those nine (9) firefighters who gave the ultimate sacrifice. Thank you."
“Thank you, Representative. Mr. Clerk, would you read the committee schedule for after adjournment."
“The following committees will meet immediately after adjournment: the Executive Committee will meet in Room 118, Human Services will meet in Room D-1, Judiciary-Civil Law will meet in Room C-1, Juvenile Justice Reform will meet in Room 122B and Registration & Regulation will meet in Room 114. A half hour following Session Judiciary Criminal Law, Jud II Committee will meet in Room C-1."
“Are there any announcements? Then allowing perfunctory time for the House, Representative Currie moves that the House stand adjourned until tomorrow, Thursday, 09500077.doc 49 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 June 21, at the hour of 9:00 a.m., 9:00 a.m. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. The Motion… The 'ayes' have it. And the House stands adjourned."
“House Perfunctory Session will come to order. Committee Reports. Representative Gordon, Chairperson from the Committee on Judiciary II–Criminal Law, to which the following measure/s was/were referred, action taken on June 20, 2007, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #3 to Senate Bill 1397. Representative Gordon, Chairperson from the Committee on Judiciary I–Civil Law, to which the following measure/s was/were referred, action taken on June 20, 2007, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' is Senate Bill 119. Representative Jakobsson, Chairperson from the Committee on Human Services, to which the following measure/s was/were referred, action taken on June 20, 2007, reported the same back with the following recommendation/s: 'recommends be adopted' Senate Joint Resolution 35. Representative Saviano, Chairperson from the Committee on Registration & Regulation, to which the following measure/s was/were referred, action taken on June 20, 2007, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' is Senate Bill 259. Representative Lyons, Chairperson from the Committee on Executive, to which the following measure/s was/were referred, action taken on June 20, 2007, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' is Senate Bill 1370. Referred to the House Committee on Rules 09500077.doc 50 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day 6/20/2007 is Senate Joint Resolution 63, offered by Representative Saviano. Introduction and reading of Senate Bills-First Reading. Senate Bill 837, offered by Representative Moffitt, a Bill for an Act concerning local government. First Reading of this Senate Bill. Senate Bills-Second Reading. Senate Bill 119, offered by Representative Mautino, a Bill for an Act concerning government. Second Reading of this Senate Bill. Senate Bill 1370, offered by Representative Verschoore, a Bill for an Act concerning business. Second Reading of this Senate Bill. And Senate Bill 259, offered by Representative Feigenholtz, a Bill for an Act concerning regulations. Second Reading of this Senate Bill. Previous Senate Bills will be held on the Order of Second Reading. There being no further business, the House Perfunctory Session will stand adjourned." 09500077.doc 51