"The House will come to order. Members should be at their desks. Members and guests are asked to refrain from starting their laptops and to turn off all cell phones and pagers, and rise for the invocation and the Pledge of Allegiance. We'll be led in prayer today by the Reverend Ronald Baker, who is the pastor of the Jericho Missionary Baptist Church in Urbana, Illinois. Reverend Baker is the guest of Representative Jakobsson. Reverend Baker."
"Let us pray. Eternal and all wise God, our Heavenly Father, we thank You for who You are. And we know that it is in You, Dear Heavenly Father, that we live, we move, and we have our being. And bless, Our Father, this Tuesday, April 15, 2008, a Legislative Session. I pray for the leaders of our great state, Governor Blagojevich. I pray for the Senate President Jones. I pray for the Speaker of the House, Madigan and all of the Members of the Illinois House of Representatives. Bless all of the constituents of the State of Illinois. And Your people are hurting now. Guide our lawmakers as they vote on the critical issues today. See us, Oh God, through stormy times, budget crisis and the like. Thank You, Lord, for blessing Illinois's son, Senator Barack Obama to run a good race. And help us, dear Heavenly Father, to put aside all differences for the good of the state, as we are reminded of Your words when You said, that 'a house that is divided against itself cannot stand.' It is in the name of the Father, and of the Son, and of the Holy Ghost, we pray, Amen." 09500252.doc 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"We'll be led in the Pledge of Allegiance by Representative Renee Kosel."
"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 Lyons: "Roll Call for Attendance. Representative Currie."
"Thank you, Speaker. Please let the record reflect that Representatives: Dugan, Patterson, Washington, and Rich Bradley are excused today."
"Thank you, Leader. Representative Bost."
"Thank you, Mr. Speaker. Let the record reflect that Representatives Coladipietro and Watson are excused today."
"Thank you, Leader. A hundred and nine (109) Members reporting present, there is a quorum. Mr. Clerk, Rules Report."
Clerk Bolin: "Representative Currie, Chairperson from the Committee on Rules, to which the following measures were referred, action taken on April 14, 2008, reported the same back with the following recommendation/s: 'direct floor consideration' for Amendment #1 to House Bill 562, Amendment #2 to House Bill 2392, Amendment #2 to House Bill 2693, Amendment #2 to House Bill 3203, Amendment #2 to House Bill 4207, Amendment #2 to House Bill 4367, Amendment #3 to House Bill 4471, Amendment #1 to House Bill 4505, Amendment #2 to House Bill 4645, Amendment #2 to House Bill 4668, Amendment #1 to House Bill 4683, Amendment #2 to House Bill 4694, Amendment #2 to House Bill 09500252.doc 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 4742, Amendment #2 to House Bill 4747, Amendment #2 to House Bill 4822, Amendment #2 to House Bill 5077, Amendment #1 to House Bill 5086, Amendment #2 to House Bill 5121, Amendment #3 to House Bill 5152, Amendment #2 to House Bill 5493, Amendment #1 to House Bill 5513, Amendment #1 to House Bill 5684, Amendment #4 to House Bill 5731, Amendment #2 to House Bill 5790, Amendment #2 to House Bill 5909, Amendment #4 to House Bill 5932, Amendment #1 to House Bill 5954, Amendment #1 to House Bill 5970; 'recommends be adopted', House Resolution 994, Floor Amendment #1. Also referred to Second Reading are House Bills 2248, 2748, and 2861."
"Representative Brady, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. A point of personal privilege."
"Please state your point."
"Ladies and Gentlemen of the House, please join me in welcoming back to this Body before the Brady era in the 88th Legislative District, it was known as Representative Gordon Ropp's 88th Legislative District, where he served so ably in representing the constituents in the 88th, who also, I might add, was the original Sponsor of the Motion to bring the Pledge of Allegiance back to this chamber. Please welcome back to Sprinfield, former Representative Gordon Ropp."
"Representative, welcome home. Glad to have you. The Chair recognizes the Lady from DuPage, Representative 09500252.doc 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 Patti Bellock. For what reason do you seek recognition, Representative?"
"Thank you very much, Mr. Speaker. A Point of personal privilege."
"Please proceed."
"I just wanted to say thank you to all the Representatives who stopped by today at the press conference. Today is Developmental Disability Autism Family Day in the State of Illinois. There's a Governor's proclamation and we have hundreds of families from all over the State of Illinois today down in the rotunda. So, if you didn't have time to stop by and say hello before, if you want to take just five (5) minutes out, go down. There's a podium there and they're willing to go and talk with you and listen to your concerns and to their concerns about more funding and more services for all the developmentally disabled families in Illinois. Thank you very much for coming. I really appreciate it. Bye-bye."
"Thank you, Representative, for bringing that to the Body's attention. The Gentleman from Iroquois, Representative Shane Cultra, for what purpose do you seek recognition, Representative? Representative Rich Myers, do you seek recognition? Representative Myers. Does not seek recognition. Okay. Mr. Clerk, what's the status of House Resolution 1163? Your Resolution, Mr. Clerk."
"House Resolution 1163. WHEREAS, The members of the Illinois House of Representatives are pleased to congratulate the wrestling team from Montini 09500252.doc 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 Catholic High School in Lombard on winning the Class AA State Championship; and WHEREAS, This was the 6th IHSA State Championship for Montini; this was the first time that one of Montini's sports programs won a State championship in Class AA; they defeated Providence Catholic High School for the State Title with a 37-25 win, on Saturday February 23, 2008; and WHEREAS, The season record was an impressive 36 wins and one loss; the individual State placewinners were Jake Gregerson, Isaiah Gonzalez, Dan Stelter, Carl Foreside, Dan Grimes, and Garrett Goebel; individual State qualifiers were Sam Brody, Benny Marti, Frank Baer, Jake Gregerson, Isaiah Gonzalez, Dan Stelter, Carl Foreside, Dan Grimes, Garrett Goebel, and Colton Rasche; and WHEREAS, The team finished second at "The Clash" National Dual Tournament in Rochester, Minnesota; they finished second at "The Cheesehead" National Invitational in Kaukauna, Wisconsin; and they finished second at "The Dvorak" Invitational in Illinois; the team is the Suburban Catholic Conference Champions, and are ranked eighth nationally among all high schools in Amateur Wrestling News magazine; and WHEREAS, The team is led by Head Coach Mike Bukovsky, and Assistant Coaches John Dziewiatkowski, Greg Goebel, Israel Martinez, Tony Marti, Joe Riccordino, Dan Jamieson, Mark Holstein, Tom Malony, and Mike Quirk; and WHEREAS, The 2008 State Champion Montini Wrestling Team members are Sam Brody, Devin Marino, Ryan Dix,Ryan Rumph, Christ Divito, Chris Senese, Mark Marten, David Clarke, 09500252.doc 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 Benny Marti, Jake Gregerson, Bob Grimes, Donny Quattrocchi, Colton Rasche, Dan Grimes, Isaiah Gonzalez, Garrett Goebel, Dan Lowery, Dan Stelter, Mike Desmond, Pete Parenti, David Lembas, Mike Rakosnik, Mike Ferrarini, Carl Foreside, Grant Goebel, Alex Saunders, Brandon Hensley, Elliot Hudson, Kevin Dobry, Frank Baer, Mike Size, Ross Ferraro, and Dimitri Willis; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the young men from the Montini Catholic High School wrestling team on an impressive season and an incredible finish; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Montini Catholic High School wrestling team as a symbol of our respect."
"The Chair recognizes the Lady from DuPage, Representative Sandy Pihos."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. We have in front of us today, in the chamber, the Montini Catholic High School Wrestling Team and I'd like them all to stand along with their coach. They have been on an amazing journey over the course of the year. They are from a small school of six hundred and seventy (670) students. This is the first time in their school history that one of Montini's sports programs has won a State Class AA Championship. You boys have the right attitude. You worked hard, you listened to your coaches and your perseverance brought you… great victory in the end. I want to compliment you on the tremendous season that demanded a 09500252.doc 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 great deal from each one of you. I understand that the team sported bleach blond hairdos in an annual display of team unity and you can see some remnants of that at the state tournament. It was that unity, though, and teamwork that brought them to this glorious moment. The maroon, gold, and white Broncos hail from Lombard, Illinois, where none of this could have been done without the support and encouragement of many, including their head coach, Mike Bukovsky; their president, Jim Segredo; their principal, Maryann O'Neill; their parents, and their fellow students. Your victory is something to enjoy and to remember for all your years. You've earned bragging rights and I ask my fellow Members to join me in congratulating you."
"The Chair recognizes the Gentleman from Cook on the Resolution, Representative McCarthy."
"Thank you, Mr. Speaker. I… It's a great pleasure to join with Representative Pihos, Representative Dunn to honor this fine accomplishment by the Montini High School wrestlers. And before we go any further, I want everyone in the chamber to be aware of one thing. On Saturday night, a Gentleman who is one of our colleagues, is going to be put into the Montini High School Hall of Fame, and that's our own Joe Dunn. So, Joe, congratulations. So it's a… it's great that we're honoring his school here with the wrestling state championship and then Joe gets a, I'm sure, a well deserved honor on Saturday. I do want to say that this team was favored from the beginning of the year and those of you that have played a lot of sports in your life know that's… that's like an extra burden on you. So, 09500252.doc 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 it's really a wonderful accomplishment that they fought through and as Sandy had said, they… they were up against many teams that had two (2) and three (3) and four (4) times their enrollment and yet, they came out as the state champions. The president of the school, Jim Segredo's a personal friend of mine and all I would say is, this proves that even a broken-down softball player can help inspire a team on to a state championship. So, congratulations to all of the wrestlers, and the coaches, and Mr. Segredo as well."
"To round out our speakers here on Montini day under the dome, we have Representative Joe Dunn from Will County on the Resolution. Representative."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. It is with great honor and pride that I stand to welcome the champion wrestling team from my alma mater, Montini Catholic High School. I graduated in 1986 which seems about maybe 10, 15 minutes ago. Boy, does time fly by and Montini has a lot to offer. I know they have had a great year and a great experience on this wrestling team. Truly, that is a relatively short experience. You have a whole lifetime ahead of you and you have a whole lifetime to maintain the relationships which you have established this year and carved out this year. It's one of the great things that Montini has to offer. I bring that up 'cause I just spent this past weekend, my fortieth birthday, with six (6) of my fellow graduates on a weekend away to celebrate our birthday. We all turned forty (40) this year. There's terrific people at Montini. Mr. Riley was 09500252.doc 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 my coach, my accounting… my… my teacher, my accounting teacher back in 1986. Coach of Montini, Mike Bukovsky joined Montini the year that I left… or the year after that I left. It just shows the great dedication of the teachers and the coaches at Montini, the great camaraderie that is generated at that high school. You're part of a… it should be a terrific part of your entire future. You have a great new president, Jim Segredo. His dedication, his excitement, his energy is felt at Montini and amongst all of us alumni, who are very proud of that part of our history, as you will be in the future. So, thank you. Thank you for coming here to Springfield and let us join in your championship… and for me to be proud of Montini again and to be here with you. Welcome."
"All those in favor of the adoption of House Resolution 1163 indicate by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And House Resolution 1163 is hereby adopted. On the Order of Third Readings, Representative Beaubien, you have House Bill 4454 on page 20 of the Calendar. Read the Bill, Mr. Clerk."
"House Bill 4454, a Bill for an Act concerning revenue. Third Reading of this House Bill."
"The Gentleman from Lake, Representative Mark Beaubien."
"Thank you, Mr. Speaker. This Bill passed the Rule… Revenue Committee with a majority. I want to thank my cosponsor, Barbara Currie, for her help in the matter. It, basically, is a Bill about fairness. It provides that when 09500252.doc 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 rulemaking goes into effect or legislation goes into effect, the department can only enforce those rules prospectively, not retrospectively. It's a matter of fairness and I would urge passage of this Bill. Thank you."
"Is there any discussion on House Bill 4454? No one seeking recognition, the question is, 'Should House Bill 4454 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 Brauer, Representative Poe. Mr. Clerk, take the record. On this Bill, there are 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Bill Black, on page 12 of the Calendar, you have House Bill 5074. Representative Black. Read the Bill, Mr. Clerk."
"House Bill 5074, a Bill for an Act concerning education. Third Reading of this House Bill."
Speaker Lyons: "The Chair recognizes the Gentleman from Vermilion, Representative Black."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. This is an initiative of the community college trustees. It puts the law back to where it used to be. We removed now… we remove, under this Bill, the exemption that allowed community colleges to hold organizational meetings within fourteen (14) days after the elections in '99, 2001, and 2003. They were put into law during the transition period when the elections for 09500252.doc 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 trustees were switched from November to April. That transition period is now over and it goes back to the way it was. I will be glad to answer any questions you have."
"Is there any discussion on House Bill 5074? The Chair recognizes the Gentleman from… from Cook, Representative Dunkin."
"Thank you, Mr. Speaker. Will the distinguished Sponsor yield?"
"Indicates he will."
"Representative, I'm trying to get a sense of where city colleges are with… is with this type of legislation. Are they in support of it or does it affect city colleges at all?"
"I believe it does and I believe they are in support. I don't know of any community college that is in opposition to this Bill."
"So, you haven't heard from City Colleges of Chicago?"
"I have not heard from them and generally speaking, if… if the City Colleges of Chicago were in opposition, I would be extremely surprised not to hear from them. This just goes back to the way the organizational meetings used to be held, that's twenty-eight (28) days after the election. We had to change it back in the late 1990s when we went to the consolidated election and now that all of those boards of trustees have gone through that transition period, it takes it back to the original language where they'll hold their reorganization meeting twenty-eight (28) days after the election rather than fourteen (14) days after the election." 09500252.doc 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"So, help me understand. What's the purpose of this legislation at this time?"
"The purpose is, as we said, in the late '90s, once we got through the transition of electing the board of trustees, we would go back to where the board… the community college boards would reorganize almost a month… twenty-eight (28) days after their election, whereas, we had to change it when we went to the consolidated election and they organized two (2) weeks after the election. Once we got through all of the transitions where, because they don't elect all of their trustees at the same time, we said at that time we would go back to the twenty-eight (28) days and that's all this does."
"Okay. Thank you, Mr. Representative."
Speaker Lyons: "No further discussion? The question is, 'Should House Bill 5074 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 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Karen Yarbrough, for what purpose do you seek recognition?"
"Point of personal privilege."
"Please proceed, Representative."
"Many of you know today is Developmentally Dis… Disability and Autism Family Day and I'd like you to acknowledge someone from my district, Debra Vines from The Answer Inc. Give her a good Springfield welcome." 09500252.doc 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
Speaker Lyons: "Welcome to Springfield. Enjoy your day. Representative Roger Eddy, what purpose do you seek recognition?"
"The pur… point of personal privilege."
"Please proceed, Representative."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, today is community college lobby day and I want to point out a group that I have in the gallery from Lincoln Trail College in Robinson, Illinois, if they'll stand. Please help us welcome the group from Lincoln Trails to Springfield. Thanks for coming."
"Welcome to Springfield. Have a great day. Representative Bob Biggins, on page 22 of the Calendar, you have House Bill 4877. Representative Biggins. Read the Bill, Mr. Clerk."
"House Bill 4877, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"The Chair recognizes the Gentleman from DuPage, Representative Bob Biggins."
"Thank you, Mr. Speaker and Members of the House. House Bill 4877 amends the Criminal Code and is related to child pornography. Provides that the commission of the offense by filming or videotaping or creating a moving image or possession of such films, videotapes or moving image is a felony 1 Class higher than photographic… photographing or processing photographs of child pornography. Be glad to answer any questions if anybody has any." 09500252.doc 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Is there any discussion on House Bill 4877? The Chair recognizes the Gentleman from Cook, Representative John Fritchey."
"Thank you, Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, where did this Bill come from?"
"This is part of a package that the House Republicans led by, of course, Tom Cross put together on this year's Session."
"And for those people in the General Assembly that may not know, do you know what the penalties are off-hand for a Class X felony?"
"Six (6) to thirty (30) years."
"And I… I don't want to belittle this and nobody, obviously, wants to go on the other side of this issue and I understand why these things come out unanimously. Can we talk about the other… other offenses that are Class X felonies in this state? I… here's where I'm going. I'm going to support the Bill as a Legislator, as a father, but we need to tread really carefully, folks. You know, a Class X felony and the origin of the Class X felony was for, really, the most heinous of all crimes. And I would argue that we could very easily say that child pornography fits in that distinction, but at the same time, we are going to put the videotaping of an act at the same offense or potentially higher as a commission of certain violent acts and we've… we've got to be careful, Ladies and Gentlemen, that we are going to create a system that's really out of proportion here where certain offenses, while 09500252.doc 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 all having the same, I would guess maybe, degree of disdain for us personally are going to be disproportionately punished. I… I guess, maybe, this turns out to be more of a statement than a question, but we… you know, it's very easy for us… and I… I take no exception what-so-ever to what the Gentleman's trying to do, but it's very easy for us and we see it year after year where we simply keep ratcheting up the penalties for certain offenses. And we need to be very mindful of what we're doing in light of the overall Criminal Code because at a certain point every offense that we have is going to become an aggravated offense. Every Class III is going to become a Class II. Every Class II is going to become a Class I. Every Class I is going to become a Class X. And then, I guess, maybe if nothing else, we'll just have fewer Bills to pass. I… I get it. This is a crime that strikes at the art of what can be wrong with society. All of us want to do whatever we can to deal with this, but please keep in mind, you know, criminal penalties are supposed to be a deterrent. And I don't know what the deterrent affect is from going to a Class I to a Class X in this type of crime or… or many others. This isn't the time for me to go on about this. I think I've made my point or at least tried to. Thank you."
"The Chair recognizes the Gentleman from DuPage, Representative Dennis Reboletti."
"Thank you, Mr. Speaker. To the Bill and some of Representative Fritchey's comments. I can share some of your concerns about ratcheting up penalties, but I would also share with you that I have seen a lot of times when we 09500252.doc 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 look not to ratchet up but to make excuses for those that would commit offenses, some as grave as this. If somebody is filming child pornography, I would make the argument to you that there is absolutely no rehabilitative factor for them but to lock them up and, basically, throw away the key and to keep them away from other children, to keep them away from families and to make safer neighborhoods. We do not see anything from the DOC as far as costs would be concerned and I can understand the general concerns of well, we could make everything a Class X. This is… extremely heinous offense. It needs to be placed on the Internet at any particular time. These images are routinely sold and people posses them in the numbers of the thousands and, unfortunately, having been one of those prosecutors that have dealt with this case, they're extremely, extremely tragic photos to have to view before a prosecution. So, I support the Gentleman's Bill and I also understand Representative Fritchey's concerns and urge an 'aye' vote."
Speaker Lyons: "The Chair recognizes the Lady from Lake, Representative Karen May."
"Yes. Will the Sponsor yield?"
"Indicates he will."
"Yes. Thank you. I didn't realize this Bill was coming up so quickly and I… I have a question because there was… a constituent brought this to me that an eighteen-year-old had videotaped himself in the act… I don't know how to say it on the House Floor… but… and the girl, which he didn't know, that he'd been dating because she was not in school 09500252.doc 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 but working full-time, was only seventeen (17). Through a long convoluted case, he now is a sex offender and registered for the rest of his life. So, I since heard about some states that have put in some age differentials. So, this Bill that you're bringing up, I think, would apply to this case that I'd heard of in my area. Does your Bill have any age differential between an eighteen-year-old and, you know, like two (2) years or something like that or, is… would this one (1) year difference, indeed, mean someone would have a Class X felony?"
"The Bill does not differentiate. "
"So, the one (1) year difference would apply? Had… I guess… had you discussed that? I understand some states are considering that."
"Representative, thank you for your question, but this Bill doesn't pertain to the age of the person. It's only changing from moving scenes to still photos."
"So, there is no differential for a one(1) year or two (2) years?"
"As it currently is, not now, no."
"Okay. Thank you."
"And… thank you. Thanks for your question."
"Thank you for that clarification and I agree we all have to be concerned about sexual predators, but I'm going to have to think about this. This is a very big leap. Thank you."
"Representative Biggins to close." 09500252.doc 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Well, I just would add that the Illinois State Police and the Illinois Coalition Against Sexual Assault support this Bill. And I would ask for 'aye' vote. Thank you."
"The question is, 'Should House Bill 4877 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, Ryg, Representative Pihos. Mr. Clerk, take the record. On this Bill, there are 100 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Ford, you have, on page 21 of the Calendar, House Bill 4612. Out of the record. Mr. Clerk, on page 20 of the Calendar, Representative Jim Meyer has House Bill 4402. Read the Bill, Mr. Clerk."
"House Bill 4402, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"The Chair recognizes the Gentleman from DuPage, Representative Jim Meyer."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4402 amends the Criminal Code of 1961. It provides that it is a Class IV felony for a child sex offender to knowingly offer or provide any programs or services to persons under eighteen (18) years of age and is all… in his or her own residence or the residence of another or in a facility for the purpose of offering or providing such programs or services, whether such programs or services are offered or provided by contract, agreement, arrangement, or by a volunteer basis. It also provides 09500252.doc 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 that a day care home has a meaning ascribed to it in Section 218 of the Child Care Act of 1969, the group day care home, as meaning ascribed in the Section 2.20 of the Child Care Act of 1969. It's supported by the Illinois Sheriff's Association. This piece of legislation comes to me through a… a juvenile officer in Representative Krause's district, and they've experienced a problem where, while we have child sex offenders who are offering their services of private music lessons in people's homes. And, then when they set up those music lessons, they perpetrate their crime on individuals in the home and this tightens up this aspect of the law. And I would appreciate a 'yes' vote and I'd be happy to answer any questions."
"Is there any discussion on House Bill 4402? Seeing none, the question is, 'Should House Bill 4402 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 Pihos, Representative Art Turner. Mr. Clerk, take the record. On this Bill, there are 108 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Jack McGuire, on page 22 of the Calendar, you have House Bill 4814. Representative McGuire, House Bill 4814. Wish to call the Bill, Representative? Out of the record. Representative Bill Black, for what purpose do you seed recognition?"
"Thank you very much, Mr. Speaker. A point of personal privilege, if I might." 09500252.doc 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Please proceed, Representative."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. This is a rare day, and I would ask you to join me in giving birthday wishes to the Assistant Clerk of the House, Mr. Brad Bolin, who today celebrates his birthday. He's able to go out and have an adult beverage tonight. Happy birthday, Brad."
Speaker Lyons: "Happy birthday, Brad, and many more. Representative Jim Meyer, on page 23 of the Calendar, you have House Bill 5013. Out of the record? Out of the record. The Chair recognizes the Gentleman from Cook, Representative Ed Acevedo, for what reason do you rise?"
"Thank you, Mr. Speaker. I rise on a point of personal privilege."
"Please proceed, Representative."
"Ladies and Gentlemen of the House, this is indeed a privilege and an honor and I would hope you all join me in welcoming and congratulating one hundred (100) brand new citizens here with the Coalition of Immigrant and Refugee Rights. If you can, please stand."
"Congratulation, Ladies and Gentlemen. Welcome to Springfield. Enjoy your day. Representative John Fritchey, on page 23 of the Calendar, you have House Bill 5141. Out of the record. The Chair recognizes the Gentleman from Cook, Representative Arroyo, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. A personal privilege. I want to invite all the Members of the General Assembly. They're cutting a cake for Representative Toni Berrios in Speaker 09500252.doc 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 Madigan's office. If everybody would like to come and have a piece of cake, you can come in the Speaker's office. Thank you."
"Representative David Miller, on page 23 of the Calendar, you have House Bill 5108. Read the Bill, Mr. Clerk."
"House Bill 5108, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"The Chair recognizes the Gentleman from Cook, Representative David Miller."
"Thank you, Mr. Speaker. This Bill, 5108, will require towing companies to notify a lienholder when a… when they tow a vehicle. There's no opposition. I ask for a favorable vote."
"Is there any discussion? The Chair recognizes the Gentleman from Cook, Representative John Fritchey."
"Thank you, Speaker. Will the Sponsor yield?"
"He indicates he will."
"Representative, how is the towing company supposed to know who the lienholder is in this situation? I assume you've read the Bill, Representative."
"Yes, I have, Representative. They're notified."
"Are there penalties if they don't notify the lienhold… the lienholder? Yeah, obviously, the intention of this Bill is to make sure that anybody that has an interest in the vehicle is apprised of where the vehicle is so that if the… if the owner of the car… or the driver of the car doesn't go to get it out of the lot, the lienholder who still has a financial interest in the vehicle, would be 09500252.doc 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 notified so that they can get it out of the lot if they wanted to do so. Correct?"
"That's absolutely true."
"So, this, at the end of the day, protects anybody that has a financial interest in the vehicle."
"That's right."
"And at the same time, lets the towing company properly dispose of the vehicle, if that should be the case."
"That's correct."
"That's all I wanted to know. Thank you for explaining that to me."
"The Chair recognizes the Gentleman from Bureau, Representative Frank Mautino."
"Thank you. Will the Sponsor yield?"
"Indicates he will."
"Representative Miller, on this… what type of a… what type of a tow would kick this off? Is… is it a tow for the purpose of a repossession? Is it an emergency tow? What are the triggers involved in the Bill?"
"I believe the intention is for in an emergency, but it's not specified."
"The intention is for an emergency?"
"I said… hold on 1 second. I… Representative Mautino, I don't think there's a specification within the type of tow in there is."
"Well, I'm just curious. I mean, if I'm Happy's Towing Company is Spring Valley, and I get called to pick up a disabled vehicle, do I have to notify a bank? And how 09500252.doc 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 do I know who the bank is? And our analysis on this is actually very, very weak. It just says that it would require towing companies to notify the lienholder when they tow a vehicle. So, I'm just looking for unintended consequences."
"No, I understand. This is if the vehicle is… is there's… if the vehicle is impounded. As you know, the problem has been is that all of… banking or whether the person with a financial interest involved doesn't know that the vehicle's been towed."
"Okay. So, this would be only in the situation where a vehicle has been impounded. At the point of impounding that vehicle, then the notification would have to take place?"
"I'm sorry. I didn't hear the question."
"So, this would happen at the point of the vehicle being impounded. Is that your… your intention with this? I mean, we're not going to have the local towing company try and find out financial interest in any vehicle they tow."
"That's my understanding."
"Representative Miller to close."
"I ask for a favorable vote?"
"The question is, 'Shall House Bill 5108 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 Bost. Representative Pihos. Mr. Clerk, take the record. On this issue, there's a 102 Members 09500252.doc 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 voting 'yes', 5 Members voting 'no', 2 Members voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes the Genteleman from Champaign, Jeffers… Representative Chapin Rose, for what purpose do you seek recognition, Representative?"
"Thank you, Mr. Speaker. A point of personal privilege."
"Please proceed."
"Ladies and Gentlemen, I'm very happy to have here today with us in the gallery, some students from Lakeland College in Mattoon. And as a bit of legislative trivia, whilst I only took a couple of classes there, there is one Representative who's a graduate of Lakeland College and that is Representative David Reis. So, let's honor Lakeland College here and give them a big Springfield welcome. Thank you."
Speaker Lyons: "Welcome to Springfield. Enjoy your day. Representative Ford, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. Mr. Speaker, as I go back to my district and do my best to represent the community, I get lots of phone calls every day about the killings that's taking place, about the parks that's not adequately funded, about the schools that are not adequately funded and overcrowded, about the non-for-profit agencies that needs dollars to continue to run the programs to try to curb the violence. Mr. Speaker, I want to know if there's something you can advise me on how I can get the dollars released for the constituents in my district that I put in for them last 09500252.doc 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 year. It's crucially important to my community. I get calls every day, all day long, about money that they need to try to keep their programs going. So, I really need to see what we can do so that my community non-for-profit agencies and schools and parks could get this money. Is there any suggestions?"
"Representative Ford, I think there's a lot of people on our side of the aisle that are in the same situation and it's a problem for all of us and it's an issue that has to be discussed, hopefully. In the course of the time, we will get that resolved. I don't have an answer for you at this time, but thanks for bringing it… thanks for…"
"I just want the people in my community to know that I'm advocating for them and that we need to get that money so that we can stop the gun violence in our community. Thank you, Mr. Speaker."
Speaker Lyons: "Thank you, Representative. The Chair recognizes the Gentleman from Bond, Representative Ron Stephens. For what purpose do you seek recognition, Representative?"
"A point of personal privilege."
"Please proceed, Representative."
"The Gentleman from Cook reminded me that we… we should speak up for our districts and on this occasion, I would like to defend the small towns that I represent. I live in Bond County. The entire county only has about fifteen thousand (15,000) people. Greenville has seven thousand five hundred (7,500) and that's counting a 09500252.doc 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 thousand (1,000) prisoners in the federal corrections institution there. And we were all insulted over the past week when we heard one of the presidential candidates say that we were so frustrated and that because of that frustration, that led us to cling to our guns and God out of frustration. I'll tell you, Bond County was founded and is named after the original Governor of this state. We have people buried in our cemetery that fought in the Revolutionary War, the Civil War, the war of… and wars before that, the War of 1812, the Civil War, World War I, other wars including, most notably World War II, and as recently as the Gulf War. And we don't need to be told by anybody, no matter how smart they think they are, that we pray or defend the Second Amendment rights simply out of frustration. We pray because we believe in God. We keep our guns because we believe in America. That's it."
"Thank you, Representative Stephens. The Chair recognizes the Lady from Champaign, Representative Naomi Jakobsson. For what purpose do you seek recognition, Representative?"
"Thank you, Mr. Speaker. I rise on a point of personal privilege."
"Proceed."
"I'd like to have the whole House welcome students from Parkland College. They're here today to talk to us and observe what's going on. They're up in the balcony. Please give them a warm welcome. Thank you." 09500252.doc 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
Speaker Lyons: "Welcome to Springfield. Enjoy your day. Representative Jim Meyer, are you ready for House Bill 5013? Read the Bill, Mr. Clerk."
Clerk Bolin: "House Bill 5013, a Bill for an Act making appropriations. Third Reading of this House Bill."
"Representative Jim Meyer."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 5013 appropriates a hundred thousand dollars ($100,000) from the General Revenue Fund to the State Board of Education for the Illinois Science Olympiad. The Illinois Science Olympiad is a twenty-year-old non-for- profit organization that has organized the statewide science competition in the subject areas of biology, chemistry, astronomy, earth science, physics, computers, and technologies. Nearly two hundred (200) middle and high… middle and high schools in the state are involved. The top teams in this state attend a national competition. With the growth of the Illinois Science Olympiad, the organization is in need of financial assistance to employ coordinator, secretary, and trainer. It is an initiative of the Science Olympiad and the University of Illinois is a sponsor of the organization and supports this effort. I'd be happy to answer questions and would appreciate a 'yes' vote."
"Is there any discussion? Seeing none, the question is, 'Should House Bill 5013 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 09500252.doc 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 the record. On this Bill, there are 108 Members voting 'yes', 1 person voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Eddy, for what purpose do you seek recognition?"
"Point of personal privilege."
"Please proceed, Representative."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I have another group here today from Hutsonville High school in Crawford County, Illinois. They're here as a political science group, and if they'd stand up we'd like to welcome you to Springfield. Please help me welcome the group to Springfield."
"Welcome and have a great day. Representative Rosemary Mulligan, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. Under House Rule 18(g), I respectfully move for the discharge of House Bill 6319 from the House Rules Committee. Under House Rule 54(b), all Motions are assigned Standard Debate status and I wish to debate my Motion. Upon conclusion of the debate, I ask for a recorded vote on the Motion to Discharge. Under Rule 49, any vote shall be recorded whenever five (5) Representatives so shall request. There are at least five (5) Members on my side that wish for a recorded vote on the Motion to Discharge the Amendment from the House Rules Committee. That Bill is the Bill that would create a sales tax holiday over Memorial Day, up to six hundred dollars ($600) worth of sales tax, it coincides approximately when 09500252.doc 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 you'll be getting back the rebate from the Federal Government, and we had introduced this in March. I was hopeful that it would be released from Rules so that we would have an adequate vote on it. I think it would certainly help the families of Illinois to give them an additional way of combating taxes. We have the highest taxes in the nation. Cook County now has, where I live, the highest sales tax and I certainly think it would be a good idea to have that for that weekend. It's a good shopping weekend. It coincides with you getting your federal money, be good way to stimulate the economy, and it would certainly help the people of Illinois."
Speaker Lyons: "The Chair recognizes Leader Barbara Flynn Currie."
"Thank you, Speaker. I object to the Motion and I believe it takes one objection for the Motion to fail."
Speaker Lyons: "Representative, your Motion fails by the objection from Floor Leader Barbara Flynn Currie."
"Speaker, under House Rule 57(a), I move to appeal the ruling of the Chair, that there be no recorded vote to discharge House Bill 6319 from the House Rules Committee."
"All right, Ladies and Gentlemen, the Lady's Motion has been denied by the Majority Leader. Now, the question is, 'Should the Chair be sustained?' All those in favor of sustaining the Chair… all those in favor of sustaining the Chair should vote 'aye'; those opposed should vote 'no'. Representative Mulligan, according to the rules, you do have 2 minutes to speak to the… my Motion 09500252.doc 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 to call the override in the Chair. You have 2 minutes to speak to that issue."
"Thank you, Mr. Speaker. I think that under the rules I am allowed a recorded vote and I think it would be an interesting thing to have a recorded vote since this is actually a boon to the working people of Illinois in order to have that Bill heard. It would give them a sales tax holiday if you're so interested in helping them with their taxes. Memorial Day's a good weekend. Gee, I was hoping to get it. I was thinking of going out and looking for a new grill. Anyway, I think that if you vote to sustain the Chair, you're voting against the people of Illinois getting a tax break over the Memorial Day weekend, right in time for their federal money to be coming. If you vote 'no', you will vote with us in order to allow that Bill to be heard. So, I would urge a 'no' vote on this and that… this archaic rule, even though the Majority Leader keeps reminding me it was Republicans that brought it in. The Republicans haven't been in the Majority for a long time. So, if you want to keep sustaining a bad rule, fine, go right ahead, but I think the people of Illinois deserve to have this Bill heard to get a tax holiday and get that extra amount of money, up to six hundred dollars ($600), for those couple of days over Memorial Day weekend. I'm sure there'll be a lot of people out there doing new things for their house and their garden and their home and maybe clothing, go out and buy some summer clothing, then you'd get a tax rebate up to six hundred bucks ($600). So, my guess is, you want to b… vote with us which is a 'no' to 09500252.doc 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 sustain the Chair to go… go ahead and vote to let that Bill be discharged, because it would be really good for your taxpayers in your area to have that sales tax removed for several days. And I think what you'll find is there are a lot of Representatives that wouldn't mind using it too. So, I thank you very much."
"Thank you, Representative Mulligan. You were entitled to 2 minutes to speak to the Motion, 2 minutes response. The Chair recognizes Representative Lang."
"Well, thank you, Mr. Speaker. Ladies and Gentlemen, I don't even know why this is on the board. The rule is clear. If the… to discharge the committee takes a unanimous vote. You have an objector which means you do not have a unanimous vote. This is not even in the discretion of the Chair. So the Chair has not actually made a ruling. The Chair has said, 'this is the rule'. The rule says, 'unanimous'. We don’t have unanimous. Not only would I object to the Lady's comments, I would object to you even putting this to a vote. This does not require a vote. The rule says 'unanimous'. I heard the Majority Leader object. We don’t have a 'unanimous vote'; therefore, the committee cannot be discharged. Period. It's not up for debate, it's not up for discussion, it's not up for 2 minutes here and 2 minutes here and 2 minutes here. And I say to you, Mr. Speaker, that you are wrong even putting this to a vote. There is no unanimous consent. This should not even be on the board, Sir." 09500252.doc 31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Thank you, Mr. Lang. Representative Mulligan, you're entitled to one more minute in response and then we'll take the call."
"Mr. Speaker, I certainly thank you for giving me this other opportunity aside from what the previous Representative had. I think this is a place where we debate things. We represent people that, obviously, deserve to have this tax holiday. The fact that you can discourage it, but that you can talk about a Constitutional Amendment for hours really is a disservice to the people that we represent. I think this is a good Bill. We've talked about doing this before. It's a couple of days over one holiday weekend which certainly would be a benefit to the people of Illinois who are paying high gas taxes. Certainly, Cook County that's paying the highest tax in the nation now for services they are not receiving. This is a little something that they get to put in their pocket on a weekend when they can go shop when they get their federal money back. I think it's a good Bill. And I would urge you to vote 'no' and be allowed to vote to bring this Bill out. This would help your taxpayers."
"The question is, 'Should the House… should the Chair be sustained?' All those in favor vote 'yes'; those opposed vote 'no'. The voting is open. All those in favor of sustaining the Chair vote '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 the question, there are 61 Members 09500252.doc 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 voting 'yes', 48 Members voting 'no'. The Chair is sustained. Representative Currie."
"Thank you, Speaker. I rise to make an introduction. In the gallery right behind me are students from the Harris School of Public Policy at the University of Chicago with their mentor Karen Witter and her husband Randy Witter and I hope you will enjoy me… join me in giving them a big Springfield welcome."
Speaker Lyons: "The Chair recognizes the Gentleman from Kendall, Leader Tom Cross."
"Well, it's ironic that a public policy class is here watching what I would only describe as a debacle in how to run government and from a public policy standpoint, what we just saw was a travesty. Only last week, your side of the aisle said, 'Let's have a Constitutional Amendment so people have an opportunity to vote on an issue.' The public has an opportunity to vote on an issue, but yet here we come with an idea to provide relief, sales tax relief, to the people of the State of Illinois and we can't even have a debate on it. We don't even have an opportunity to discuss the merits and the philosophical arguments for or against, for or against, a sales tax holiday and yet last week we were all about open government and good government with your Constitutional Amendments. My guess is we're going to see some more of those over the next few days. Now, what's troubling about this, maybe more so than anything else, is the philosophical side of it and where we have clearly, Mr. Speaker, the beginning, if not the middle of a recession going on in this country and clearly in this 09500252.doc 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 state with energy prices high, gas prices high, the real estate market down, unemployment up and all we hear from your side of the aisle is, 'Let's raise taxes.' What is ironic about that, Mr. Speaker, is that's not what's going on in U.S. Congress where the Democrats control there, but yet, they understand that raising taxes isn't the way to go to get us out of a recession. Raising taxes when gas prices are at an all-time high, oil prices are high, electric rates are high, the mortgage industry is in trouble, the real estate industry is in trouble. They actually are doing something that's rather unique. They're going to the other side of the aisle to work with the Republicans to get the economy going again. That's not what you do now. You present Constitutional Amendments that aren't going anywhere, with no interest in passing them, to attempt, I guess, to gain some attention from the public. I want to read a couple of quotes from people from the United States Congress and it would be a little surprising who these people are. And this is in response to the stimulus package that Congress passed only a month to maybe six (6) weeks ago. 'This agreement shows that government can and should help prevent market failure in our economy and should step in when necessary to kick-start the economy when it's needed.' Sounds like probably, maybe a Republican talking about the need to work together. I would be wrong, Mr. Speaker. That's actually Dick Durbin. The next person, 'Washington is gripped with the bipartisan sense of urgency. I think both sides of Pennsylvania Avenue, both Parties, realize our economy is headed south 09500252.doc 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 in a significant way and we need relief.' Rosemary Mulligan has a perfect way to provide relief to the people of the State of Illinois. Again, maybe a Republican making those comments, we would be wrong. Senator Charles Schumer stressing the need for bipartisanship in providing relief to taxpayers in this country. It has to be timely. We have to get it out there in order for it to take and have a positive impact. The economic stimulus package, again, handled in a bipartisan manner. Might think a Republican said that. You'd be wrong, Mr. Speaker. Ever heard of a guy by the name of Representative Charles Rangel? A pretty partisan Democrat, who understands the need to bring people together to provide relief to taxpayers. In light of the economic hardships felt by millions of Americans, it is essential that we make every effort to find common ground. Wow, common ground. Public policy class here from the University of Chicago probably told that bipartisanship in finding common ground is the way we provide relief to Illinois taxpayers. You said that? Ever heard of a woman by the name of Nancy Pelosi, Speaker of the United States of House of Representatives, understanding the need to work together and not just being partisan. And last but not least, when Wall Street faced crisis, we saw swift and creative action and a thirty-billion dollar ($30,000,000,000) lifeline for Bear Stearns. Today's jobs reports confirms that it's time to take equally aggressive action to help American families struggling in our bearish economy. We have an opportunity to provide relief in Illinois. And an Illinois… former Illinois resident 09500252.doc 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 uttered those words. Ever hear of Hilary Clinton? Hilary Clinton understands the need for Republicans and Democrats to work together. But sadly, not here in Illinois, not from the Democrat side of the aisle. It's a run and flee in escape from the policies of Governor Blagojevich, not concerned about what's good for Illinois residents, not concerned about good tax policy, but again, to run and flee from a Governor who you've joined in conspiring, if you will, to bring economic ruin to this state. Mr. Speaker, what we saw today and what we've seen over the last couple of weeks is sad. I hope it's over. I hope that we can all work together on crafting a budget. I can all… hope we can all work together to provide sales tax relief, gas relief, energy relief, and a capital Bill sooner than not later. Mr. Speaker, thank you for the time and Representative Mulligan, thank you for being diligent, and being caring, and being concerned, and being persistent about the well- being of Illinois families. Thank you, Mr. Speaker."
"Thank you, Leader Cross. The Chair recognizes the Lady from Cook, Representative Monique Davis, for what reason do you seek recognition?" Davis, M.: "Thank you, Mr. Speaker. I rise to a point of personal privilege."
"Please proceed, Representative." Davis, M.: "A few moments ago, one of my colleagues referred to a candidate's speech in reference to the economy and where people turn when there's fear. We all know that Barack Obama stated that when people are fearful they turn to their guns or their religion. Barack Obama was doing what 09500252.doc 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 many of us do as we campaign and that's speaking from the heart. He knows that this economy, this economy, gas four dollars ($4) a gallon, the cost of milk for babies sometimes is unaffordable, our jobs being shipped to China, to India, to the Philippines, and parents who have had employment twenty (20) and thirty (30) years no longer able to afford their mortgages. Those in the housing industry finding themselves with beautiful, gorgeous homes they've saved for all their lives only to find themselves unemployed and unable to keep those homes. The statement of that candidate was from his heart that a change has got to come. We can lament… we can lament all we want about how this… this is not how we really feel, but when in our hearts we don't know what's going to happen tomorrow, when we can hardly send our children to college, we better listen to the heart and words of that candidate. The current economy, they claim it's a recession coming. Well, let's ask some of those airlines if a recession is coming. Let's ask some of those department stores if a recession is coming. Let's realize and stop trying to place the blame on the wrong person. And let's realize without a change in our Federal Government's plan, all of us are subject to turning to the wrong things to ease our pain. When we hear a candidate speak, and speak from the heart without having to drink liquor or take a glass of beer, but just speaking from the heart. When we hear that person, we better listen because we have a lot at stake. We have the future of America's children at stake. So, when do we have a society in which the world we leave our children is worse than the 09500252.doc 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 one that our parents left us? Each generation has a right, has a God-given right to do better, watch that word, has a right to do better, to live better than his or her parents, but the way this federal administration is carrying us today, our children will not have a better life or a life as good as their parents. And I urge us to be very careful, very careful when we don't listen to the pain and the heart of a candidate who's running and who is sober. Thank you."
"The Gentleman from Bond, Representative Ron Stephens."
"I was defending my hometown. It sounds like she was defending a candidate. I don’t know if that… that would be considered appropriate on the House Floor, because if it is appropriate, I have a few more things to say. Would you care to rule?"
"I think she was just reacting to your original statement, Representative, and you've got 5 minutes if you would care to say anything…"
"Okay. Well…"
"…on that subject or…"
"Thank... thank you."
"…for what purpose do you rise, Representative Stephens?"
"Thank you and I won't… I won't dignify much of the previous speaker's remarks accept to say that if… if the candidate in question was speaking from his heart and he is a man of words, and he values those words, I wondered why the next morning he said he misspoke, but that's another 09500252.doc 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 issue for another debate. I quite… I'd like to… I'd like to quote Speaker Madigan from last week in… in the debate on the… when you guys were trying to raise taxes again. You do that a lot around here is Springfield, but the last time you tried to raise taxes, Speaker Madigan said on the House Floor, 'When did we decide not to listen to people? I forget.', he said. And Mr. Speaker, if your earlier ruling is any indication that you're going to try to quiet the Minority this year, in this Session, it is a huge mistake. I hope it's not an indication that you are going to try to quell the debate because we are going to stand here and speak on behalf of the hardworking taxpayers of Illinois, upstate and downstate, urban and rural. And to that end, we're asking for a very simple measure to be released for public debate so that Mike Madigan can have his way. Let the people be heard. We're hearing more and more proposals from your side of the aisle about raising taxes when even in Washington, Republicans and Democrats are working together to try to bring money back to the people. In May, we're going to be getting rebate checks from the Federal Government and all we're asking on our side of the aisle is to debate a family friendly idea that says over the Memorial Day weekend, just one four-day weekend, would you allow us to give the taxpayers of Illinois a small break? Would you allow us to get a little more bang for the buck at the pump? Let's… let's have the tax holiday over Memorial Day weekend. Let's send thirty ($30) or forty ($40) or fifty dollars ($50) to each family by not having them have to pay the sales tax on gasoline 09500252.doc 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 this weekend of Memorial Day. Fifteen (15) other states already do this and you know what, those are tax friendlier states than Illinois. The fact of the matter is that Illinois should be looking for ways to help people, not raise their taxes. We have… so I ask that the Lady's Motion be recognized, released… and released from Rules, House Bill 6319, so that Republicans and Democrats alike can give taxpayers a break rather than the Democrat-only, partisan way, which is raise your taxes. Thank you, Mr. Speaker."
Speaker Lyons: "The Chair recognizes the Gentleman from McHenry, Representative Jack Franks."
"Thank you, Mr. Speaker. I wanted to weigh in briefly on this. I appreciate the debate on the issue of the tax sale holiday. I introduced this Bill a number of times, I think starting six (6) or seven (7) years ago and I appreciate now that it's getting bipartisan support because, frankly, in the past it always… it hadn't, so I'm glad that it does. But I'd like to draw your attention to Senate Bill 2892 which is in this chamber now. Representative Sid Mathias is the chief cosponsor and that is the tax sale holiday. It's not just for one weekend in March. Instead, this is a much more comprehensive tax sale holiday and it is for nine (9) days. We based this on what was done in New York state which showed that when you had a tax sale holiday that the sales increases were over a billion dollars ($1,000,000,000) and thirteen thousand (13,000) new jobs were created. It… it will not cost the state any revenue, as a matter of fact, there'll be much 09500252.doc 40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 more revenue. My point is Senate Bill 2892 is already in the House of Representatives. It's already passed the Senate and I'd encourage all of my colleagues on both sides of the aisle to become Sponsors of this Bill because it will accomplish much more than just a weekend in May. This is nine (9) days before the kids go back to school and it'll save the families between two (200) and four hundred dollars ($400) by our… by our estimate. So I'd ask you to join that Bill and we… that'd be the way to go. So, thank you."
"Representative Mathias, your light is on. Do you wish to speak to this issue? Representative Sid Mathias."
"Thank you, Mr. Speaker. Point of personal privilege."
"Please proceed."
"It's no secret that the Illinois… the Illinois economy is struggling. A four-day sales tax holiday is something that we can do at the state level to help stimulate the economy and that's without putting an additional strain on family budgets. I believe that raising taxes and fees, as has often been the policy of this chamber in recent years, is the wrong approach to turning our economy around. On the contrary, experience shows that specific, targeted tax breaks, such as a sales tax holiday is a proven and effective way to stimulate the economy. As was said before, fifteen (15) other states, plus the District of Columbia, have implemented a sales tax holiday. And it must be doing very well because many of 09500252.doc 41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 these same states have chosen to implement subsequent sales tax holidays, including our neighbors, Missouri and Iowa, just to name a few. A sales tax holiday is needed to help counter the effects of the… recent retail slowdown and help stretch cash-strapped families' budgets. We're not proposing a tax break for those wanting to buy luxury items. A sales tax holiday will help everyday working families buy daily necessities like clothes, shoes, diapers, small appliances, school supplies, and products for the home. Gas prices could hit four dollars ($4) a gallon by this summer. Heating and cooling bills are on the rise. We are paying more for our groceries and many are struggling every month to pay their mortgages and taxes. While a onetime sales tax holiday won't solve all of our problems, it will provide families a much needed tax break. So I join my colleagues in asking you, not just asking but urging you, Mr. Speaker, to release House Bill 6319 from the Rules Committee. Thank you."
Speaker Lyons: "The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. To the students from the University of Chicago and a very fine school, welcome to Springfield where public policy often runs head-on into the seamier side of public policy in governance and that is iron-fisted rule; you will do what I say because I am in the Majority. I used to teach civics and government. I need to send a letter to all of my former students that what I taught them in practice isn't true, especially in the hallowed halls of 09500252.doc 42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 Springfield where the Majority rules as a tarrant… a tyrant. Mr. Speaker, I was taught, and from my heart, from deep in my heart, I was taught that the greatest responsibility of the Majority was to protect the rights of the Minority and you fail to do that time and time again. My parliamentary inquiry is simple, Mr. Speaker. A week ago, you followed the announcement and the pronouncement to the Chair, we quoted Rule 49 that allows for a Roll Call vote. We quoted Rule 54(b) in which all Motions are assigned Standard Debate and you did that, and we had a Roll Call on a Motion to Discharge this temporary suspension of the sales tax on gasoline, which is now at a record high and the people will get no relief. Today you denied Rule 54(b). You denied Rule 49 and my good friend and colleague from Cook County said, 'You had a vote and you lost.' I didn't have any vote. I heard a voice somewhere in the ether saying, 'I object. I object. I object.' It's getting to the point where that's a one- trick pony over there. I object. I object. I object. If it requires a unanimous vote, then let us vote. We could have 117 voting 'aye' and 1 voting 'no', and then you have met the parliamentary requirement. This reliance on verbal objection is a bunch of baloney. It's more baloney than Oscar Mayer could sell, whether or not we had a sale tax holiday or not. It's baloney. You know it, I know it. I've spoken against this every year that it's come up. It's wrong. You deny us our inherent right to represent the people who sent us here. It's wrong. You can do the same thing by doing a vote, not by some silent, barely 09500252.doc 43 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 audible, 'I object'. And what difference does it make? You're not voting to pass the Bill; you're voting to let the Bill out of the Rules Committee. You then will assign the Bill to a friendly committee where it probably will not pass, but at least it could have a public hearing. What is wrong with that? What are you afraid of? You don't want to debate anything except on your terms, on your grounds, on your beliefs. I don't expect you to lay down for the Minority Party any more than I will lay down for you. What you do here is wrong. You deny more than two million (2,000,000) people a right to even have their concerns addressed by public debate. That doesn't mean this Bill would pass, but you won't take that chance. You won't even let it have a hearing in committee. Shame on you. Shame on you. And you call yourselves the Party of the people. You're the Party of tyranny. The Party of the least rule is the best rule and the least rule is one person rule. You ought to be ashamed of yourself. You ought to be ashamed of yourselves. You ought to be ashamed for what you are prostituting the Democratic Party into being. It's not the Democratic Party I grew up with, where debate was welcomed and measures could win or lose on their merit not on some narrow definition. Mr. Speaker, my parliamentary inquiry is simple. You allowed what we asked for just a week ago. Today you denied it and under that Rule 54(b), and under Rule 49, why did you deny us the right to have a vote on the Motion to Discharge? You will get no complaint from me if there is 1 'no' vote, because then the rule has been satisfied. But you will continue to get a complaint 09500252.doc 44 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 from me every time you deny us our basic rights and every time you are afraid to let an issue be debated in public."
"The Chair recognizes the Gentleman from Boone, Representative Wait. Representative Ron Wait."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Well, today is a special day. It happens to be my birthday, but more… but more importantly, as we know, it's income tax day both for the federal and to the state. We know that families are really hurting out there, especially with runaway fuel prices. I'm glad to hear coming down, that John McCain has recommended to take off the eighteen cents (18) federal motor fuel tax from Memorial Day to Labor Day for… be… to help pay for basic necessities. But Members of our side of the aisle understand that families are really hurting. Raising taxes is not the thing to do. Putting money back in the consumer's pocket is set in the right direction. The sales tax holiday we are proposing for Memorial Day would bring relief to families, seniors. It would purchase things at lower prices and would jump- start our economy. So, that's why I encourage you to release House Bill 6319. Thank you very much, Mr. Speaker."
"Representative Ford, for what purpose do you seek recognition?"
"Mr. Speaker, I feel compelled to speak about the previous speaker being denied his rights. You know, I think that a lot of people in this chamber bring legislation forward for people that have been denied their rights and I think that this is a perfect opportunity to 09500252.doc 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 say that when that legislation comes forward, that it receives full consideration so that everyone in the State of Illinois can have the right to live happy and live in the State of Illinois as it was promised to them. So I think the speaker, the previous speaker was right about what he said, that everyone should be guaranteed their right to do what the Constitution says and I ask him to remember his speech today as legislation comes forward to make equal opportunities for all people. Thank you."
"Representative Mathias, on page 24 of the… 21 of the Calendar, you have House Bill 4645. Representative Black, for what… what purpose do you seek recognition?"
"Mr. Speaker, I expect an answer to my parliamentary inquiry. I want to know why what was acceptable one week ago was cut off today completely. The rule that we read, the rules we quoted, exactly the same from one week ago until today. I'd like to have a parliamentary answer as to why our rights were given to us and by the way, that last speaker, I'm not talking about voting for anything. I'm talking about the right to even hear a question. You want to argue with me on parliamentary procedure, have at it, but I want an answer to the question."
"Representative Black, as a response to your question, last week I granted your Roll Call vote which was…"
"In accordance with the rules."
"…at the discretion of the Chair. This week I was advised that I do not… I do not have an obligation to do that by our own House Rules. They were explained to 09500252.doc 46 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 you. The parliamentarian came out, read the rules to me, we had Representative Mulligan for 2 minutes, a response for 2 minutes, Representative Mulligan to close. I followed the rules…"
"So…"
"…of the House, Representative Black."
"…in other words, from now on, parliamentary inquiries will be handled at the discretion of the Chair. That's what I… Is that what you're telling me?"
Speaker Lyons: "Following the rules of the House, Representative Black, following the rules of the House."
"Well then, you didn't follow the rules of the House a week ago."
"I guess I didn't. I… I was reprimanded by Representative Lang on my own side of the aisle for that very reason."
"Well, and I… I think you should take the gavel, tap it lightly and admonish yourself for your grievous error. I, for one, think you did the right thing last week, not the wrong thing."
"Representative Mathias, are we ready to run the Bill? Okay. Representative Mathias on House Bill 4645."
"I believe there's an Amendment that needs to be adopted."
"Mr. Clerk, on that request of the Sponsor, move that Bill back to Second Reading."
"House Bill 4645, the Bill's been read a second time, previously. Amendment #1 was adopted in committee. 09500252.doc 47 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 Floor Amendment #2, offered by Representative Moffitt, has been approved for consideration."
"Representative, on the Amendment."
"Mr. Speaker, could I ask Representative Moffitt who's filed the Amendment to speak on the Amendment?"
"The Chair recognizes the Gentleman from Knox, Representative Don Moffitt."
"Thank you, Mr. Speaker. Floor Amendment #2 was at the request of the Illinois Finance Authority, which would be one of the two (2) agencies that would administer this program. It was at their request and with this Amendment, they are… it's my understanding, they are a proponent. What it does is change the words 'shall' to 'may' and because it's subject to appropriation. Without this Amendment, it would have required an audit even though no administration of funds would have occurred. Once it's appropriated, then they would be subject to audit. It's their suggestion, it was their language and with Amendment 2, Floor Amendment 2, the Finance Authority is, I believe, they're a proponent. They're at least neutral. I believe, they're a proponent."
Speaker Lyons: "Is there any discussion on the Amendment? Seeing none, all those in favor of the Amendment, of Floor Amendment #2, signify by saying 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Any further Amendments, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. …the Bill, Mr. Clerk." 09500252.doc 48 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"House Bill 4645, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"The Chair recognizes the Gentelman from Lake, Representative Mathias."
"Thank you, Mr. Speaker. House Bill 4645 creates a new Fire Station Revolving Loan Fund and program, and that's to better allow fire departments and fire districts to improve, build, or expand their fire stations and facilities. The loans are 0 interest, capped at two million dollars ($2,000,000) and funding is subject to appropriations. I believe that there is no opposition to the Bill. The Illinois Fire Chiefs, the Illinois Fire Services Association, the Northern Illinois Alliance of Fire Protection Districts, the Illinois Association of Fire Protection Districts, and the Illinois Municipal League, as well as the Illinois Fire… Finance Authority are proponents of the Bill. And I ask for your 'aye' vote."
"Is there any discussion? The Chair recognizes the Gentleman from Jackson, Representative Mike Bost."
"Thank you, Mr. Speak… Mr. Speaker. I just rise in support of the Gentleman's Bill. What we've done as far as the revolving loan fund for equipment, this just extends it on to the fire stations. I think it's very wise. I think it gives the opportunity. It is a loan; it is not grants. It does give the opportunity for that to be paid back and benefit for all. At a time whenever communities are scraping to try to put funds together to provide these services, I think it's a very positive thing to do. And I support the Gentleman's Bill." 09500252.doc 49 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"The Chair recognizes the Gentleman from Knox, Representative Don Moffitt."
"Thank you, Mr. Speaker. To the Bill. This legislation, I want to point out, would not compete for general fund money. It's subject to appropriation. There are several options. One might be if there's a capital Bill, another might be… last year we passed the surcharge on serious traffic convictions. I think there are a number of things we can do to generate revenue that could… could fund this program, especially downstate, but this applies state wide. We know that oftentimes when fire departments finally get that new truck that they so desperately need, it won't fit in their old fire station. This would help remodel, rehab, add to, or build new fire stations. It's much needed. You get the good equipment, you need to protect it. And so, it does not compete for general fund money. And I, too, would urge a 'yes' vote."
"Representative Mathias to close."
"As… as you know, throughout our state, fire protection districts, fire departments, all need to construct, rehabilitate, remodel or expand their fire stations or acquire land for that construction purpose. I ask for an 'aye' vote so that we can start this program in the State of Illinois and move a step closer to reality on this Bill as soon as we can come up to a consensus of the appropriations or where the money is going to come from. So, I ask for your 'aye' vote."
"The question is, 'Should House Bill 4645 pass?' All those in favor signify by voting 'yes'; those opposed 09500252.doc 50 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 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 Mautino, Molaro, Feigenholtz. Mr. Clerk, take the record. On this Bill, there's 111 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Jim Meyer. For what reason do you seek recognition, Representative?"
"Thank you, Mr. Speaker. I rise on a point of personal privilege."
"Please proceed, Representative."
"Thank you. Ladies and Gentlemen of the House, I'd like to direct your attention to right behind the Democratic side of the aisle in the gallery is… there are members of the Big Broth… Big Buddies from Naperville Central High School. It's a volunteer group that volunteers at the giant step-school in Burr Ridge. That school provides services to children with treatments within the autism spectrum. Naperville Central High School is in Joe Dunn… Representative Joe Dunn's district and mine, and Patti Bellock, and Representative Durkin are close to that school. And I'd just like to recognize these fine, young people for their volunteer efforts. Please join in… with me in giving them a Springfield welcome."
"Welcome to Springfield. Have a great day. The Chair also recognizes for the point of personal privilege, the Gentleman from Cook, Representative Will Davis." 09500252.doc 51 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 Davis, W.: "Thank you very much, Mr. Speaker. If you all will stand. Ladies and Gentlemen of the House, I'd like you to welcome to Springfield today, under the leadership of Patrice Burton, the Associate Dean of Student Services, students from South Suburban College in South Holland, Illinois. We have students from Phoenix, Illinois, Harvey, Calumet City, Lansing, Dyer, Indiana, and they're here as part of the student leadership program along with their cameraman who's documenting their experience, Mr. Cory Hooper. Please give them a great round of applause."
Speaker Lyons: "Welcome to Springfield. Enjoy your day. Representative Jim Brosnahan, on page 23 of the Calendar, you have House Bill 5059. Out of the record. Representative Dan Burke. On page 24 of the Calendar, Dan, you have House Bill 56… 5363, House Bill 5363. Do you wish to call the Bill? Out of the record. Page 24 of the Calendar, Rep… Mr. Clerk, Representative Burke has House Bill 56… 5363. Read the Bill, Mr. Clerk."
"House Bill 5363, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"The Chair recognizes the Gentleman from Cook, Representative Dan Burke."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. This Bill, very simply, provides that items that are sold in vending machines cannot mix products such as tobacco with food products and so forth. It's a very simple matter. And I would ask for the Body's favorable consideration." 09500252.doc 52 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Is there any discussion? The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, our analysis says that no person under the age of eighteen (18) can use a forged ID card to obtain any tobacco product. Is that one of the intents of the Bill as amended?"
"I believe that's current law, Representative."
"So, if you could… how does this affect current law and change that? Is it a vending machine issue now? Is that the…"
"It's a… it's a vending machine issue and, basically, it centers around the subject of whether of not tobacco products can be sold along with other food or candy items in a vending machine. So this says that you cannot mix products such as food and tobacco in a vending machine."
"What… what's the penalty if that happens, if there's a vendor out there or a merchant that has a vending machine that… were happened to do that?"
"I believe they'd be subject to losing their license to vend and there would probably be a monetary fine of some amount that I'm not certain of."
"Okay. Well, I appreciate the answers. I just wanted to clarify that that was the intent of the Bill. Thank you, Representative."
"Representative Burke to close."
"Thank you, Mr. Speaker. I just ask for the Body's favorable considerable." 09500252.doc 53 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"The question is, 'Should House Bill 5363 pass?' All those in favor signify by saying '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… Representative Harris… take the record. On this Bill, there are 109 Members voting 'yes', 0 voting 'no', 2 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Joyce, on page 23 of the Calendar, you have House Bill 5318. Is that… Out of the record. Mr. Clerk, on page 20 of the Calendar, Representative Ruth Munson has House Bill 4221. Out of the record. Representative Osterman, on page 19 of the Calendar, you have House Bill 1809. Read the Bill, Mr. Clerk."
"House Bill 1809, a Bill for an Act concerning liquor. Third Reading of this House Bill."
"The Chair recognizes the Gentleman from Cook, Representative Harry Osterman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1809 amends the Liquor Control Act to allow for two (2) exemptions of two (2) businesses… two (2) entities that are looking to acquire liquor license within the City of Chicago. The first is a establishment within my community that is within a hundred (100) feet of a church. The leadership at that church is in support of… or is not in opposition of this legislation. The second part of this legislation deals with a… a plot of land in downtown Chicago that is currently being developed and the 09500252.doc 54 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 developer there envisions a Treasure Island and other establishments. There is no opposition to this Bill and I would simply ask for an 'aye' vote."
"Is there any discussion? Seeing none, the question is, 'Should House Bill 1809 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… Mr. Clerk, take the record. On this Bill, there are 63 Members voting 'yes', 49 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Munson, are you ready for House Bill 4221? Out of the record. The Chair recognizes the Lady from Champaign, Representative Naomi Jakobsson. For what reason do you seek recognition, Representative?"
"Thank you, Mr. Speaker. I rise for a point of personal privilege."
"Proceed."
"Thank you. I'd like the General Assembly to welcome today, from the University of Illinois, the political science club. They're in the balcony. Wave your hands so we can all give you a great, big Springfield welcome."
"Welcome to Springfield. The Chair recognizes the Gentleman from Cook, Representative Greg Harris. For what purpose do you seek recognition?"
"Mr. Speaker, when we voted on House Bill 5363, my 'yes' button didn't take. And I would like to be recorded as voting 'yes'." 09500252.doc 55 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"The Journal will so reflect. Representative Phelps, on page 22 of the Calendar, you have House Bill 4931. Read the Bill, Mr. Clerk."
"House Bill 4931, a Bill for an Act concerning local government. Third Reading of this House Bill."
"The Chair recognizes the Gentleman from White, Representative Brandon Phelps."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4931 is an initiative of the Associated Firefighters of Illinois and this ensures that Illinois cash-strapped fire departments are receiving the revenues specifically taxed and collected for fire protection services. All this does is takes the middleman out and makes sure the money goes to the foreign fire tax board. (sic-foreign fire insurance board) So, I'd really appreciate an 'aye' vote."
"Is there any discussion? The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, the Bill does not affect the City of Chicago, correct?"
"The way I understand, yes, Representative Black. Correct."
"Why is that?"
"I'm not sure because, I think more or less, this was a downstate issue more than anything and, yeah, they're just cutting out the downstate municipalities and cutting the 09500252.doc 56 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 middleman out. Usually, some of the fire departments where this money leaves… or comes to, comes to the municipality and it takes weeks, months for it to go to right where it's supposed to go. So, they're just cutting the middleman out."
"Wouldn't… wouldn't it, perhaps, be that Chicago doesn't like the Bill?"
"I have not…"
"They don't… they don't like the idea, so they don't want to be included?"
"I have. I'm not sure, Representative Black, 'cause this was not brought up in committee 'cause it was unanimous and no one have ever slipped in an opponent to this… or opposition."
"In… in light of your legislation, let me ask you a question. How does the… how does one find the treasurer of the firefighters' union? Is that listed on a state database anywhere?"
"I'm not for sure, Representative Black."
"Well, it is not. So, we're going to be sending money directly to the firefighters' union treasurer, even though we have no database that gives us their name or their address? So, are we just going to send it to the fire department?"
"It'd be to that… foreign fire insurance tax board's (sic-foreign fire insurance board) the way I understand it. And it's from the treasurer of the municipality directly to the foreign… by law where it goes. And the cities are hanging on to it, Representative Black, far too long and, 09500252.doc 57 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 you know, some of these fire departments… and you live in a rural area, they're cashed strapped anyway."
"If you'll look at page 1 of your Bill, line 14, 'it shall pay to the Foreign Fire Insurance Board'. Where is there a definition of the 'Foreign Fire Insurance Board'?"
"Where are you at, Representative Black? On page what?"
"Page 1 of your Bill, line 14 and 15."
"The way I was told, every municipality has a Foreign Fire Insurance Board, Representative Black."
"Well… Chicago has one, too, though, huh? But they don't want to do this. I know why they don't want to do it. They want the money."
"They probably want the interest off the money."
"You're doggone right they do."
"Right."
"So, because Chicago doesn't want to do what every other municipality in the state will do, in order to pass your Bill, you have to exempt the City of Chicago, correct?"
"I guess that was the deal that the City of Chicago did with the AFFI, Representative Black. I was not in… in negotiations with that."
"What's… what's the money used for?"
"I'm sorry, Representative Black."
"What… what is the money used for? It goes to the fire department treasurer. What does that treasurer use the money for?"
"I think it's to their discretion, where if they need equipment as my… I know a lot of my hometown fire 09500252.doc 58 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 departments are cash strapped right now with equipment. They borrow from other departments. So, I think it's at their discretion, Representative Black."
"In other words, completely at their discretion, correct?"
"Cameras, walkie-talkies, things like that, Representative Black."
"A forty-two inch plasma, flat-screen television?"
"I… Well…"
"Absolutely."
"…guess it's up to them. I hope not."
"Absolutely. Barca loungers for the day room?"
"I don’t think this… this Bill changes the discretion that they have."
"I… I know."
"I think this just takes the middleman out because like I said, as you just said, cities are holding on to it…"
"Yeah."
"…'cause they want the interest."
"So, it doesn't have to go for hose, air packs, actual equipment that would… would enable a fire department to better fight a fire. It can go for anything they want. If that includes a doublewide refrigerator, a microwave oven, a flat-screen television set, that's a perfect use of the money, correct?"
"Well, I… and, Representative, in all due respect, I don’t think this is part of my Bill. I… we don't get into the discretion of how they spend it. This is just, like I said, taking the middleman out, so they can make sure they 09500252.doc 59 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 get their money that's… that's… it's coming to them anyway. They're just cutting the middle person out."
"Okay."
"Any further discussion? Representative Phelps to close."
"I'd just appreciate an 'aye' vote. Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. "
"The question is, 'Shall House Bill 4931 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 Dunn. Mr. Clerk, take the record. On this Bill, there's 112 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Schock, on page 21 of the Calendar, you have House Bill 4545. Representative Schock, you have House Bill 4545. Do you wish to call the Bill? Out of the record. Representative Soto, on page 23 of the Calendar, you have House Bill 5306. Read the Bill, Mr. Clerk."
"House Bill 5306, a Bill for an Act concerning appropriations. Third Reading of this House Bill."
Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Cynthia Soto."
"Thank you, Mr. Speaker and Members of the House. House Bill 5306 appropriates two hundred and fifty thousand dollars ($250,000) from the General Revenue Fund to the Department of Public Health for a grant to Chilren's Place Association for two (2) pilot programs regarding HIV and 09500252.doc 60 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 and AIDS counseling and testing. And I urge an 'aye' vote."
"Is there any discussion? Seeing none, the question is, 'Should House Bill 5306 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 111 Members voting 'yes', 1 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Verschoore, on page 24 of the Calendar, you have House Bill 5399. Representative Pat Verschoore, 5399. Do you wish to call the Bill, Representative? Read the Bill, Mr. Clerk."
"House Bill 5399, a Bill for an Act concerning education. Third Reading of this House Bill."
"The Chair recognizes the Gentleman from Rock Island, Representative Pat Verschoore."
"Thank you, Mr. Speaker. What this does is it's a combination… or a consolidation that two (2) of the schools in my district are looking into doing. It's the Aledo School District and the Westmer School district and what it would do, is give the consolidated District, which in this case, would be Westmer, coming into Aledo for the initial, after the merger, the initial election after that, it would guarantee that three (3) of the school board members would be from Westmer, and three (3) from Aledo and then there'd be one (1) at-large. And then, after… after the initial election and that… that term of office, it would go back to 09500252.doc 61 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 an at-large. There was some concern with the people of Westmer that with Aledo being the much larger district, they could end up with all of the school board members and the consolidated school would not have… would not have a say in what would happen. So, that's… that's what this Bill does. I'd be glad to answer any questions."
Speaker Lyons: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."
"Thank you, Mr. Speaker. To the Bill. I want to, first of all, thank the Representative for working with us on the issue that came up regarding whether or not there would be a constitutional problem with this because of the one (1) man, one (1) vote idea, that we would be for an election kind of taking away that proportionality that's required. We… we've got a ruling that states that it would not, and I think he's working hard to… to help facilitate in his area, what is always a difficult decision and that is whether or not school districts would consolidate. In this particular case, there's a school district that is hesitant only because… and especially the during the first time that school get together to do contracts and all other business necessary in a consolidation, that a certain part of the new district be represented in some way. After that, then… then they'll go back to the regular type of election. I think it's a nice attempt to try and do what we may see happening many, many more times in rural areas and that is schools districts facing the fact that, perhaps, consolidation is their best way. But at the same time, the Representative's brought a little bit of a way to make it 09500252.doc 62 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 easier on those folks who may be losing their school district. I think it's a good Bill. Again, thank you for your work on this. And I urge an 'aye' vote."
Speaker Lyons: "The Chair I recognizes the Gentleman from Champaign, Representative Chapin Rose. The Gentleman does not seek recognition. Representative Verschoore to close."
"Thank you very much. I want to thank the Members of the committee, too, for pointing out those points of concern, and with the help of staff, and the Illinois School Board Association, and the Illinois State Board of Education, we were able to work this out. Like I said, it's just something to help this consolidation and let this smaller group feel that they have some input. And I would ask for an 'aye' vote. Thank you very much."
"The question is, 'Should House Bill 5399 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 Davis, Representative Younge. Wyvetter Younge. Mr. Clerk, take the record. On this Bill, 112 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Rosemary Mulligan, you have, on page 25 of the Calendar, House Bill 5928. Read the Bill, Mr. Clerk."
"House Bill 5928, a Bill for an Act concerning health. Third Reading of this House Bill."
Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Rosemary Mulligan." 09500252.doc 63 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Thank you, Mr. Speaker. I'd like to hold it. We're talking about doing an Amendment."
"You want this held…"
"If it doesn't… if it doesn't happen, it doesn't…"
Speaker Lyons: "…you want this held on Third Reading, Representative, or the Clerk take it to Second Reading?"
"Thank you."
"Leave it on Third?"
"Leave it on Third."
"Okay. Out of the record. Representative Ron Wait, you have House Bill 5954. Read the Bill, Mr. Clerk."
"House Bill 5954, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"The Gentleman from Boone County, Representative Ron Wait."
"Wait a minute. We have an Amendment. Can we bring it back to Second?"
"What's the status of that Bill, Mr. Clerk?"
"House Bill 5954 is on the Order of House Bills- Third Reading. A Floor Amendment has been approved for consideration for the Bill."
"Move that Bill to Second Reading, Mr. Clerk."
"House Bill 5954, the Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Wait, has been approved for consideration."
"Representative Wait on the Amendment."
"Thank you, Mr. Speaker. Yeah, these are just a few clarification things that the committee suggested that we 09500252.doc 64 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 put on there to clean the Bill up. So, I would ask for your approval."
"Any discussion? Seeing none, all those in favor of the Amendment signify by say 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. Read the Bill, Mr. Clerk."
"House Bill 5954, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Representative Ron Wait."
"Thank you, Mr. Speaker. Yes, as you know, this is a Bill, House Bill 5954, it exempts high deductible insurance policies linked to health savings account. And what it does, it would allow them to waive some of the mandates that we have because these just covers the… people that have higher bills and they have a right to accept or reject any of these. It's up to the policyholder. I'd be happy to answer any questions."
Speaker Lyons: "Any discussion? The Chair recognizes the Gentleman from Cook, Representative Harris."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, I look at the long list of mandates that this House has passed over the years that could be exempted out of coverage including mammography, different cancer treatments, different vaccinations. Would each policyholder have to pick and choose which of these 09500252.doc 65 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 mandates he or she wanted to accept or not accept in these policies?"
"Yes. It would be entirely up to each individual to decide. For example, somebody fifty (50) years old probably wouldn't need O… OBGYN coverage or something like that, pregnancy coverage. It would be up to the individual to decide what they want and what they didn’t want."
"And would the mandates, for instance, that cover mastectomy and reconstructive surgery for women who have under… suffered from breast cancer, would those be optional for women to pick or choose from their policy?"
"It would be any… anything that's a mandate would be up to the individual to decide if they wanted that coverage or not, if they thought it was relevant or not."
"So, if a person decided to opt out of coverage for a certain covered cancer, breast cancer, colorectal cancer, and then developed that cancer, who would be responsible for paying the medical charges associated with their treatment?"
"Well, it'd be up to the individual, just as it would be if they didn't have a policy. This is basically… it… it's the health savings account. It's the high end of insurance, basically, is what it is. And so, these people, of course… and it ties in with the Federal Law, and the Federal Law, of course, has certain guidelines. For example, individuals, the most they would have to pay is like eleven hundred dollars ($1100) for individual coverage or twenty-two hundred dollars ($2200) and then, there's a maximum they would have to pay for self coverage, it's like 09500252.doc 66 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 fifty-five hundred ($5500). And this ties in with the federal health savings account which changes every year."
"All right. So, I guess my question, Representative, is if a person says, I want to opt out all… out of these mandates for these different cancers, or HPV, or these other diseases, they then contract them, they show up at my local hospital or your local hospital and have hundreds of thousands of dollars worth of medical bills, which then their insurance doesn't cover, will the hospital be left to cover those bills?"
"Well, I used to be president of our local hospital board and, unfortunately, we face that. About a third of the patients that went to the hospital, that I was president of, either had no insurance or very little insurance. This, at least, allow… would allow them to try to get some type of insurance, is what this is supposed to do."
"But it would allow every Illinoisan to opt out of every mandate for screening, prevention and treatment that we have enacted and then, potentially, leave our already overstressed hospitals on the hook for bills down the road."
"This only applies to those who choose… remember, this is up to the individual to choose the health savings account. It would not apply to anybody unless you had a health savings account."
"So, if I did not have a health savings account, as established under Federal Law, I could not accept one of these high deductible policies?" 09500252.doc 67 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Yeah. If you're in a regular HMO, it would not apply to you. It only applies to the health savings account and those with a high deductible plan."
"So, if I were a member of a… if I were covered under a group insurance policy, would this… would I be able to opt for one of these higher limit?"
"It would only apply if… if the high deductible plan was part of the insurance plan."
"So, would I, also, have to have a health savings account if I were in a group policy?"
"Yeah. If it's a high deductible plan, it's part of the Federal Law provision."
"Thank you, Representative."
"Thank you."
Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Mary Flowers."
"Thank you, Mr. Speaker. Will the Gentleman yield?"
"Indicates he will."
"I'm sorry, Representative, can you explain, once again, specifically, what does House Bill 5954 do?"
"This Bill, I don't know if you recall, but Congress enacted what they call a health savings account. It's kind of like a 401(k), where you can set money aside and the insurance, basically, pays for the higher end, but the lower… the lesser amount that you're personally responsible for. And this ties in with the Federal Law, and it would simply allow the individual to decide if and any of the mandates that he would like to waive. And also, in this, it would allow for education. A person can go to a 09500252.doc 68 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 consultant and decide, well, should I waive this one or shouldn't I waive this suggestion."
"So, as a result of the waiver, does that increase my policy?"
"No, it would reduce the cost of the policy. The more things you waive, the cheaper the policy would be. We're trying to get more people covered. This would allow more people to be covered if we could get the cost down that's more reasonable."
"Is there any… is there anything in this legislation that would prohibit the insurance premiums from going up, even after you waive all the mandates?"
"Of course, we have a free market here in Illinois, and so, you could shop around, shall we say, after that. Each year, of course, you could shop around to a different insurance."
"Are we talking about… the person that would have this insurance that you're talking about, would they have a preexisting condition? Would they be ill or… What type of person would have this type of insurance coverage?"
"The person that usually would have this, is the one that's just more concerned about the catastrophic insurance. You know, the… the hundreds of thousands of dollars, that's the one that probably would… would like this health savings account insurance."
"And…"
"Plus, you also get a deductibility, you know, by the amount you put in, like it's a 401(k). So, it reduces the tax that you have to pay on the income." 09500252.doc 69 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"I… I guess my point and my question is, there's no cap on how much an insurance company could charge, as far as causing the premiums to go up, despite the fact that I've waived all the mandates that the law required. But part of the mandates, you know, as far as breast cancer screening I might need, but I've waived, and what if I need it? Will this… will this particular premium cover once it's been waived?"
"Well, if say insurance company A was too high, then you could go to company B, C, or D, and see what price they would quote for you."
"But in the mean…"
"In other words, you can shop around."
"Well, let's say that I'm not able to shop around because I'm so sick and so, therefore, I have this policy already, and now the premiums have gone up and I can't afford to pay it. So, I don't have any insurance now because I've allowed it to lapse, then what?"
"Well, it would be just like any policy. You can decide to stay with that company each year, or if you can't afford it, of course, then… then you would be… not have that insurance for that year."
"And so… I guess my point to you is, if I don't insurance, do I just die if I can't afford it? You know, or do I, you know, what happens to me? If I don't qualify for Medicaid, I don't qualify for Medicare, and I can't afford this high premium insurance, but I'm sick, what happens…" 09500252.doc 70 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Well, like a say, I used to be president of a hospital board, and if you're really sick, the hospital by law, has to… has to treat you. You cannot turn them down if you… if you're really sick."
"Oh, okay. So, the hospital by law… Now, why is it by law that that hospital have to take care of me? Is it because of tax credits that they get?"
"Well, I happened to be president of a local community hospital and let me tell you, we're not like the rich, suburban hospitals that made a lot of money. We… It was tough for us just to survive to provide local care for the local people."
"But… but who's paying for that lo… Someone is paying for that, Sir. So, who would be paying for it? If I can't afford what you're talking about, this insurance, who would be paying for my care at the hospital?"
"Well, of course, as you know, there's what they call cost shifting, so that the ones who did have insurance, would be cost shifting to those who didn't have insurance, who happened to go to that hospital."
"So, the taxpayer would eventually pick up the bill for me, despite the fact?"
"The… the other patients, yeah, would be cost shifting."
"Okay. So, probably, what would be better, if we had single payer, because a lot of people are without insurance nowadays, and their jobs are no longer offering the coverage. So, since the taxpayers is going to pay for it anyway, would…" 09500252.doc 71 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Representative Flowers, your 5 minutes are up. If you can conclude your remarks, I'd appreciate it."
"Would we be better off with a taxpayer paying the insurance for everyone?"
"Well, that's the debate, then. I know the presidential candidates are having right now. And I might suggest, tonight on TV, there's a whole hour special on Channel 2 on that very subject and I plan to watch it tonight."
"And… thank you, Sir. I appreciate you sharing that information and I… I enjoyed the debate before and I look forward to having it again. Thank you."
"Thank you."
"Representative John Fritchey."
"Thank you, Speaker. To the Bill. Ladies and Gentlemen, I'll… I'll applaud the speaker… the Sponsor in his goal of insuring more people, but what this Bill does is insure more people for fewer things. At a time when we have so much debate going on in this building about health care coverage, to put people into the position of having to pick and choose what risks they want to expose themselves for and cover themselves for, based on what they can afford, is really a step backwards in the terms of health care coverage and health care policy. To have somebody say, well, based on your means, you can be insured against this disease but not insured against that disease, you know, we are, in effect, going to require them, under this Bill, to play health care Russian roulette as far as what they may be predetermined or predisposed for. What we need to do is have a comprehensive policy. What that policy may 09500252.doc 72 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 be, I don't know. But having them pick and choose what they can be covered for, what they… what illness may put their family into bankruptcy, what illness they may have to forego treatment on based upon what they can afford in the guise of good health insurance policy is really a misnomer and misleading. This is good health coverage policy from an insurance company's standpoint. It's good health coverage policy from a employer's standpoint. But heaven forbid, you or anybody that you love has to pick and choose from a menu of health items to be covered for and they pick the wrong items. And heaven forbid, because of that they either die or go to… or go broke or both. This is not the right way to go with this idea. It… I understand what he is trying to do. I vehemently disagree with it and I would submit that if any of you take a long, hard look at what this actually does, you would not support this, as well. This would set back the idea of covering more Illinoisans and providing preventive coverage and care in case of illness, this would set us back years as far as where this debate has been. Thank you."
"Ladies and Gentlemen, this is on the Order of Short Debate. We've had three (3) people speak in response, one in favor of. Representative Black. Representative Bill Black, are you speaking in response or in support of the issue? Okay. Representative Bill Black."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. This Bill is very similar to one that was championed by a Member of the Democrat Party not 09500252.doc 73 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 that many years ago. There have been some erroneous statements made. By far, the biggest majority that… the biggest, single majority of people that are covered by health insurance under Illinois, are covered under a self- insured program through the big, big corporations, Caterpillar, General Electric, et cetera. The self-insured programs are not subject to any mandate that we put on, whatsoever, Federal Law preempts that. So, it's only the individual policy or the policy that has seven (7) or eight (8) people in a business, where they're subject to these state mandates. The vast majority of people covered by insurance in the State of Illinois are not covered by these mandates. The reason that I think this is a good idea, if you want to extend coverage to someone who is extremely young, then you need this cafeteria-style approach. The safeguard, unlike a previous speaker, the safeguard in this Bill is you have to link it with a health savings account that you establish and you pay for. My son-in-law and my daughter have a similar plan and have a health savings account. So, if they want to pick a certain coverage and not pick another… For example, they feel certain, I'm not sure how anybody could be certain today, but I think, without telling any secrets, they feel that they're out of their child-bearing years, so they wouldn't need an extensive maternal health coverage, so they would probably opt-out of that. I don't think the Sponsor is doing anything that's radical. It's modeled after what a Democrat sponsored here in the… in this very chamber two (2) or three (3) years ago. It doesn't force anybody to do 09500252.doc 74 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 anything. If you are putting your own money into a health savings account, which are becoming, by the way, more and more popular, and you want to link it to a health insurance plan, then you can choose what kind of coverage you want that plan to cover. It's your choice. It isn't forced upon you. You don't have to do this. And the linkage between a health savings account and the policy that you may buy under this law is the safeguard. If you don't have the disposable income or you don't want to start a health savings account, you certainly don't have to, and then you would not be linked under this kind of approach. I think it's a reasonable approach given the high cost of premiums today. It enables people to make informed decisions and choose, of their own free will, the kind of coverage and plan that they feel would best suit their particular set of circumstances and then they're willing to back that up by putting their own money into a health savings account which could then be used to pay deductibles or an unplanned illness that, perhaps, wasn't covered under the policy they chose. I think it makes eminent good sense to put more people on the insurance rolls using their own freedom of choice. It just makes eminent good sense. I think it deserves an 'aye' vote."
"…and Gentlemen, this has been on Short Debate. We've had three (3) speakers in response, two (2) in favor. Representative Mautino, you're the next speaker. Are you in response or in support of the issue? Representative Mautino." 09500252.doc 75 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Thank you, Mr. Chairman, Ladies and Gentlemen of the House. This Bill is very, very similar in scope to what passed out of this House with a large number of votes in the individual market. I'd… Representative Black hit on a lot of the points that I wanted to discuss, but we're talking about a cafeteria-style plan. It does not exempt any of the federal mandates. They remain as covered. The health savings accounts are purchased by the individual. There has to be notification to the individual. They have to sign off and pick and choose coverage which they determine is affordable to them. This is a smaller segment of the market that's out there now. It's more of a high- end side and it allows them to pick and choose coverages to fit their needs. The individual should have that ability and responsibility. We allow all the unions to do it. We allow all the… the companies out there, Caterpillar, the big ERISA companies to do that either through collective bargaining or through their own internal process. So, this may allow other individuals to choose coverage that fits their needs, and with that, I would just ask for an 'aye' vote."
"We've had three (3) speakers in support, three (3) speakers in response to this Bill. Representative Wait to close."
"…you …thank you, Mr. Speaker. Well, we've had a good debate on both sides on this issue. What we are trying to do is make insurance more affordable so that the average person will be included. Again, it's up to his choice to decide if he wants to waive any of the state requirements 09500252.doc 76 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 or not. Like Representative Mautino said, under the Federal Laws, those would still be mandated. Representative Black did a good job of explaining it. It just… this Bill will just help us to make sure more people are covered so we have more people in the insurance pool. I would simply ask you to… 'aye' vote on this Bill. Thank you very much."
"The question is, 'Should House Bill 5954 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 Younge, Gordon. Mr. Clerk, take the record. On this Bill, there are 88 Members voting 'yes', 24 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Kathy Ryg, on page 20 of the Calendar, you have House Bill 4264. Read the Bill, Mr. Clerk."
"House Bill 4264, a Bill for an Act concerning regulation. Third Reading of this House Bill."
Speaker Lyons: "The Chair recognizes the Lady from Lake, Representative Kathy Ryg."
"Thank you… thank you, Mr. Speaker, Ladies and Gentlemen of the House. Last year the House and the Senate both passed a Bill that allowed for twenty-four-month licenses for assisted living communities. In passing that legislation, follow-up language was needed to permit the Illinois Department of Public Health to conduct reviews every two (2) years when a twenty-four-month license is 09500252.doc 77 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 granted. Currently, the language still requires them to conduct annual reviews, even though a twenty-four-month license may be granted. I'd be happy to answer any questions."
"Is there any discussion? Seeing none, the question is, 'Should House Bill 42… The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"Thank you. Representative, I'm conflicted on the Bill because the person or the office that I would normally look to for… and I… my mother-in-law's in a nursing home, not assisted living, but the office that I would usually contact if I had some concerns would be the Attorney General. And I notice that the Attorney General does not favor this Bill. Can you explain why we have this dichotomy? Why is she not if favor of the two-year license?"
"I've had that conversation with the Attorney General's Office. They did not raise that issue when we passed the original Bill seeking equity. We currently provide two- year licenses for nursing homes that qualify for a two-year license. So, what the Attorney General explained to me was that, in the interest of consumer protection, they're looking for more transparency in the reporting of the surveys that are done by the Department of Public Health. And I explained that I don't disagree with that, but I don’t feel that that's the intent of this legislation and 09500252.doc 78 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 that would require a separate Bill which we're happy to look at in the future."
"All right. I… I appreciate that. In fact, the Department of Public Health will actually do the review and the inspection, correct?"
"Yes."
"And it's my understanding that they maintain… they can't do an annual review even if the law said so. They don't have the staff or the money."
"We have underfunded the department and their ability to monitor assisted living facilities. So, the intent of this Bill was to provide equity for assisted living facilities that matched what qualified nursing homes could receive in terms of a two-year license. The idea is that if a home meets the criteria for a two-year license, as an assisted living facility could, then we would like the Department of Public Health resources spent on monitoring homes that may not meet the criteria…"
"Okay."
"…and need more regulation."
"What if the assisted living facility has a number of violations? Can you put them back on an annual basis…"
"Yes."
"…or would they stay on it? They would…"
"No."
"…stay on the…"
"They would have to go back…"
"They would go back to an annual…"
"...to an annual and they would have to…" 09500252.doc 79 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"All right."
"…rectify the violation."
"All right. Did any of the patient advocacy groups contact you about this? Do they feel comfortable with the two-year review?"
"I haven't been able to really get a… a clear answer from them. When we passed the Bill last year, it was agreed. This year they raised some additional concerns, but we haven't connected and I believe their concerns are the similar to the Attorney General. Something that could be addressed in a future Bill…"
"Okay. All right."
"…but really isn't relevant to the two-year license and review."
"And I'm going to assume then, that you would not be adverse to… if the patient advocacy groups do in fact have a problem, surely they could approach you and the Senate Sponsor and perhaps, seek an Amendment while this Bill is in the Senate."
"Yes. It… though, in speaking with the advocates who represent assisted living facilities, they pointed out that in the administrative rules the information that people are seeking in terms of violations, steps taken to rectify violations…"
"Okay."
"…all of that currently exist."
"All right. Thank you very much. Thank you, Mr. Speaker." 09500252.doc 80 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Seeing no further discussion, Representative Ryg to close."
"I request an 'aye' vote."
"The question is, 'Should House Bill 4264 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 Verschoore. Mr. Clerk, take the record. On this Bill, there are 112 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Will Davis, what purpose do you seek recognition?" Davis, W.: "Mr. Speaker, on the… one of the most recent debated Bills, 5954, I was experiencing some technical difficulties and wish to be recorded as a 'no' on that particular Bill."
"Representative, the Journal will so reflect. Representative Dave Winters, on page 25 of the Calendar, you have House Bill 5940. Read the Bill, Mr. Clerk."
"House Bill 5940, a Bill for an Act concerning finance. Third Reading of this House Bill."
Speaker Lyons: "The Chair recognizes the Gentleman from Winnebago, Representative Dave Winters."
"Thank you, Mr. Speaker. House Bill 5940 expands the conservation practices cost-share program under the Partners for Conservation Fund that is normally known to us as the C2000 Fund. This would now be able to include livestock operations for water quality improvement. It includes the rulemaking language. We… be happy to answer any questions." 09500252.doc 81 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Is there any discussion? Seeing none, the question is, 'Should House Bill 5940 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 112 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes the Lady from Cook, Representative Monique Davis. For what purpose do you seek recognition, Representative?" Davis, M.: "Thank you so much, Mr. Speaker. As you know, all of us in this Body, we regard children as our most important and significant resource. And with that in mind, I want to introduce two wonderful schools from my district. One is St. John De La Salle Catholic School. The principal is Mr. Charles Carroll and also, St. Ethelreda Catholic School and the is principal Denise Spells. These are wonderfully, excelling schools. Let's give them a warm, Springfield welcome."
"Welcome to Springfield. Enjoy your day. The Chair recognizes the Lady from Lake, Representative Karen May. For what purpose do you seek recognition, Representative?"
"Yes, Speaker, I have an announcement. Environmental Health Committee is canceled for today at 5:00."
Speaker Lyons: "Thank you, Representative. Representative Wyvetter Younge, you have, on page 21 of the Calendar, 09500252.doc 82 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 House Bill 4618, 4618. Representative Younge. Read the Bill, Mr. Clerk."
"House Bill 4618, a Bill for an Act concerning local government. Third Reading of this House Bill."
"The Chair recognizes the Lady from St. Clair, Representative Wyvetter Younge."
"Thank you, Mr. Speaker. House Bill 4618 adds the power to issue revenue bonds to the Mid-America Medical District. The Mid-America Medical District Act was passed last Session and it was authorized to do medical research and to build buildings and hospitals. And this Bill, 4618, would give it the power to issue revenue bonds."
"Is there any discussion? Seeing none, the question is, 'Should House Bill 4618 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 Mulligan, Sullivan, Dunn. Mr. Clerk, take the record. On this Bill, there's 105 Members voting 'yes', 7 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative McCarthy, on page 24 of the Calendar, you have House Bill 5707. Out of the record. Representative Bob Rita, on page 23 of the Calendar, you have House Bill 5307. Read the Bill, Mr. Clerk."
"House Bill 5307, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"The Chair recognizes the Gentleman from Cook, Representative Bob Rita." 09500252.doc 83 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Thank you, Mr. Speaker. House Bill 5307 is an agreed Bill, which it stresses a problem of individuals who lie on building permit applications knowingly and putting the wrong roofing contractors… happened with roofing contractors on application who will not be performing the work. I'd be happy to answer any questions."
"Is there any discussion? Seeing none, the question is, 'Should House Bill 5307 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 Myers, Lang. Mr. Clerk, take the record. On this Bill, there's 112 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 20 of the Calendar, Representative Bob Molaro has House Bill 4342. 4342, Representative Molaro. Do you wish to call the Bill? Out of the record. Mr. Clerk, on page 20 of the Calendar, Representative Osterman has House Bill 4196. Read the Bill, Mr. Clerk."
"House Bill 4196, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"The Chair recognizes the Gentleman from Cook, Representative Harry Osterman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4196 simply extends the date the Condominium Advisory Council can report back to the General Assembly. The members of the Condo Advisory Council have been appointed and it's the hope that they'll have a report by next January. I ask for an 'aye' vote." 09500252.doc 84 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Is there any discussion? Seeing none, the question is, 'Should House Bill 4196 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 Saviano, Sullivan. Mr. Clerk, take the record. On this issue, there's 110 Members voting 'yes', 2 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. We're going to run some Bills, Ladies and Gentlemen, on Second Reading to Third. So Sponsors, if I call your name, please tell me your intentions. Representative Acevedo, on page 12 of the Calendar, you have House Bill 5125. We'll leave that on Second on the request of the Sponsor. Representative Biggins, on page 9 of the Calendar, you have House Bill 4699. Representative Bob Biggins, Order of Second Reading. Read the Bill, Mr. Clerk."
"House Bill 4699, a Bill for an Act concerning public health has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2 has been referred to the House Committee on Rules."
"That Bill will remain on Second Reading on request of the Sponsor. Representative Black, on page 12 of the Calendar, you have House Bill 5152, Order of Second Reading. Read the Bill, Mr. Clerk."
"House Bill 5152, a Bill for an Act concerning State Government. Second Reading of this House Bill. Amendments 1 and 2 were adopted in committee. Floor 09500252.doc 85 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 Amendment #3, offered by Representative Black, has been approved for consideration."
"The Gentleman from Vermilion, Representative Bill Black."
"Yeah. Thank you very much, Mr. Speaker. The Amendment was added at the request of committee Members when I presented this. Floor Amendment #3 simply gives the Illinois Department of Transportation the authority to reallocate funds between IDOT districts in the event of a catastrophe, such as a road or bridge collapse. That was at the request of the committee members. That's what the Amendment does. I'll be glad to answer any questions."
"Is there any discussion? Seeing none, all those in favor of the Amendment signify by saying 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. Mr. Clerk, on page 17 of the Calendar, Representative Fred Crespo has House Bill 5731. Representative Crespo, Order of Second Reading. Out of the record. Representative, you also have… Representative Crespo, on page 4 of the Calendar, you have House Bill 2757. Read the Bill, Mr. Clerk."
"House Bill 2757, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. Floor Amendments 1 and 2 have…, offered by Representative Crespo, have both been approved for consideration." 09500252.doc 86 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Representative Crespo."
"Yes, thank you, Speaker. The Amendment is basically a technical Amendment that better defines the device described in the Bill which has to do with metal knuckles or similar devices regardless of composition."
Speaker Lyons: "On the Amendment, the Chair recognizes Representative Bill Black, the Gentleman from Vermilion."
"Mr. Speaker, inquiry of the Chair."
"State your inquiry, Representative."
"Our analysis indicates there's Floor Amendment #2 to the Bill. Would you ask the Clerk? Are there two Amendments filed to this Bill or just one?"
"Mr. Clerk."
"Floor Amendment 1 and 2 have both been approved for consideration."
"All right. So, there are two Amendments?"
"Two (2) Amendments."
"Okay, fine. Thank you."
"So, on… on Amendment #1, Representative Crespo, you've explained that Amendment?"
"Yeah. The other… Well, you know what, I…"
Speaker Lyons: "Let's do Amendment #1 first. So, explain Amendment #1."
"Okay. What Amendment was the rulemaking Amendment, Speaker? I'm not sure that was the first one or the second one."
"Are you looking for the correct explanation for Amendment #1, Representative?" 09500252.doc 87 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Okay. I was trying to get clarification if the Amendment #1 was the rulemaking Amendment. Can we come back to this, Speaker?"
Speaker Lyons: "I'll take this Bill out of the record. Representative Currie, you have on Second Reading, House Bill 2392. Read the Bill, Mr. Clerk."
"House Bill 2392, a Bill for an Act concerning government. Third… Second Reading of this House Bill. Amendments 1 and 2, offered by Representative Currie, have both been approved for consideration."
"Representative Currie on Amendment 1."
"Thank you, Speaker. This Amendment has been approved by committee. A very observant constituent of mine noticed that our state statute, with respect to daylight savings time, does not mesh with the federal program. So, this Amendment that has already been approved by committee would bring us into conformance with the federal date changes for daylight saving times. I'd appreciate your support."
"Is the any discussion? Seeing none, all those in favor of the adoption of the Amendments signify by saying 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk, on Amendment #2. Representative Currie."
"Thank you, Speaker. Thank you, Speaker. Amendment 2 just says that in the event that there are further changes at the federal level our state statutes will automatically reflect those changes. I'd appreciate your support."
"Is there any discussion? Seeing none, all those in favor of the adoption of Amendment 2 signify by 09500252.doc 88 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 saying 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment 2 is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Monique Davis, on page 8 of the Calendar, you have House Bill 4668. Read the Bill, Mr. Clerk."
"House Bill 4668, a Bill for an Act concerning safety, has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Monique Davis, has been approved for consideration."
"Representative Davis on Amendment #2." Davis, M.: "Thank you, Mr. Speaker. Amendment #2 adds recyclable metals to the requirements of those presenting metals for… to scrap dealers for recycling. It requires that they get an ID from the people and they keep a copy of that for three (3) years and that they have the identi… identity of the person and they look at the driver's license and they make the copy of the driver's license and just keep a copy. And that's in order to stop so much illegal activity in reference to the recyclable… recyclable metals."
"The Chair recognizes Representative Eddy on the Amendment."
"Thank you. Will the Sponsor yield?"
"She indicates she will."
"Representative, the… our analysis indicates that there was opposition to the Bill before the Amendment." 09500252.doc 89 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 Davis, M.: "That is correct. Before the Amendment, there was opposition."
"Does the… does the Amendment totally satisfy the opponents of the Bill? Has it taken care of all of their concerns?" Davis, M.: "It totally satisfies all of the opponents to the previous legislation. Yes, Sir."
"Thank… thank you." Davis, M.: "You're welcome. Thank you."
"The Chair recognizes the Gentleman from Cook, Representative John Fritchey on the Amendment."
"Thank you, Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, for clarification, Amendment 2 becomes the Bill?" Davis, M.: "Yes, it does."
"The reason I ask is this, we passed a very comprehensive law last Session dealing with the issue of cracking down on the illegal sale of scrap and recyclable metals and providing for recordkeeping of the people that were… the sellers, et cetera. Earlier this Session, maybe two (2) or three (3) weeks ago, we actually passed clean-up legislation that was supported by the Sheriffs' Association, the Scrap Processors Association, et cetera. So, this then… what does this do that the present law on the books doesn't do?" Davis, M.: "It includes all recyclable metal. The previous Bills, I think, did not have certain recyclable metals in 09500252.doc 90 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 there. This Bill also requires that a copy of their identification be maintained on their… in their files."
"Well, so… so does the previous law, actually. Is this Bill going to… is this Bill being called today on Third?" Davis, M.: "Pardon me?"
"Is this Bill being called on Third Reading today?" Davis, M.: "Probably not today."
"Oh, I… I'd like to speak with you because I think a lot of what you’re trying to do may already be on the books. My concern, clearly, is that I have a large processor in my district that would be greatly impacted by this. I'm concerned for them and other people that are similarly situated, that we don't inadvertently have laws that are in conflict with each other. But I can talk to you about that after this." Davis, M.: "Well, I appreciate your comments and…"
"Thank you." Davis, M.: "…all of those organizations, the utility companies, who were experiencing a loss helped to draft this Amendment and I'm sure it doesn't do exactly what your previous Bill did, but I'd be very happy to discuss it with you."
"I appreciate that. Thank you for your cooperation." Davis, M.: "Thank you, Sir."
"No further discussion, all those in favor of the adoption of the Amendment signify by saying 'yes'; those opposed vote 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?" 09500252.doc 91 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"No further Amendments. No Motions filed."
"Third Reading. Representative Dugan, on page 7 of the Calendar, you have House Bill 4471. Read the Bill, Mr. Clerk."
"House Bill 4471, a Bill for an Act concerning children, has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2 was adopted by the House. Floor Amendment #3, offered by Representative Dugan, has been approved for consideration."
"Representative Dugan."
"Thank you, Speaker. House Amendment #3 just makes a correction. This is about certified copies of birth certificates that are now required by law at day-care centers. And it was brought to my attention that when we said a copy of we didn't mean that they needed to bring a copy. So, it just… Amendment #3 provides that the parent or guardian enrolling a child needs to give the certified copy to the entity, the entity then makes a copy of that certified copy and keeps it. So, I'll answer any questions."
"Any discussion? Seeing none, the question is, 'Should Amendment #3 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 Amendment #3 is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. Mr. Clerk, on page 4 of the Calendar… Representative Brent Hassert, you have House Bill 2860. Out of the record. Representative Jefferies, you 09500252.doc 92 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 have House Bill 4513 on page 7 of the Calendar. It's on Second Reading. Do you wish to move that Bill? You have an Amendment pending. Representative Jefferies."
"Added. Amendment was being added to that."
"Mr. Clerk, status of the Bill."
"House Bill 4513, a Bill for an Act concerning public aid, has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Jefferies, has been approved for consideration."
Speaker Lyons: "Do you wish to run the Amendment, Representative?"
"Yes."
"Okay. Do you want to explain the Amendment and see if there's any discussion?"
"Okay. The Amendment to the Bill adds that it will be under appropriations, that's all. It will be submitted under appropriations according to the wish of the Department of Human Services."
Speaker Lyons: "Okay. Is there any discussion on the Amendment… on Amendment #2, Floor Amendment #2 to House Bill 4513? Seeing none, the question is, 'Should the Amendment 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. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. Representative McCarthy, on page 9 of the Calendar, you have House Bill 4694 out on the 09500252.doc 93 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 floor. Out of the record. Representative David Miller, on page 13 of the Calendar, you have House Bill 5213. Out of the record. Representative Acevedo, you have House Bill 4357. Read the Bill, Mr. Clerk."
"House Bill 4357, a Bill for an Act concerning criminal law, has been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Mr. Clerk, let's go back to page 9 on the Calendar, House Bill 4694, Representative McCarthy. Read the Bill, Mr. Clerk, 4694."
"House Bill 4694, a Bill for an Act concerning transportation has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative McCarthy, has been approved for consideration."
"Representative McCarthy."
"Thank you, Mr. Speaker. The Floor Amendment #2, basically, set the rates for the tow truck operators. The way the Commerce Commission had interpreted our original Bill, they set one rate for every operator and I think the Transportation Committee agreed with me that there should be different rates, depending on the number of trucks. So, it basically goes from eight hundred (800) for a person with one truck up to thirty–two hundred (3200) for a relocater that has nine (9) or more trucks. There also was a… one word added in this preexisting written contract for tows that are excluded from the… from the Bill. So, I'd ask for the adoption of Amendment #2." 09500252.doc 94 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Is there any discussion? Seeing none, the question is, 'Should Floor Amendment #2 to House Bill 4694 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. Anything further, Mr. Clerk?"
"No further Amendments. All Motions have been filed."
"Third Reading. Representative Ron Wait, on the Order of Third Readings, you have House Bill 5906. Are you ready to run that Bill, Mr. Clerk? House Bill 5906. Mr. Clerk, House Bill 5906. Read the Bill."
"House Bill 5906, a Bill for an Act concerning State Government. Third Reading of this House Bill."
Speaker Lyons: "The Chair recognizes the Gentleman from Winnebago, Representative Wait. Ron Wait."
"Thank you, Mr. Speaker. Actually, I'm from Boone, not Winnebago, but I represent them. Anyway, this authorizes DCEO to assist, promote veterans-owned business by making participating loans. A qualified business must be owned/operated by veterans at least at 51 percent. The maximum loan is a hundred thousand (100,000). Must be linked to job creation and of course, this is subject to funding by the state. And it's supported by the VFW, and AMVETS, and other veteran organizations. I'll be happy to answer any question."
Speaker Lyons: "Thank you, Representative Wait from Boone County. I stand corrected on that, Representative. Is there any discussion on House Bill 5906? Seeing none, the 09500252.doc 95 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 question is, 'Should Senate Bill… House Bill 5906 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 112 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed."
"Representative Hannig is in the Chair. We're going to… we're going to move some Second Reading Bills, if Members are prepared. Representative Biggins, did you wish to move House Bill 4699? Out of the record. Representative Collins on House Bill 5343. Out of the record. Representative Crespo, did you wish to do 5731? Did you wish to move that to Third? Mr. Clerk, read the Bill."
"House Bill 5731, a Bill for an Act concerning regulation. Second Reading of this House Bill. No Committee Amendments. Floor Amendments 1, 2, 3 and 4 have all been approved for consideration."
"You still waiting for additional Amendments? Okay. So, we'll take it out of the record. Representative Durkin on House Bill 5513. Did you wish us to read this Bill? No. Out of the record. Representative Golar on House Bill 4553. Read the Bill, Mr. Clerk."
"House Bill 4553, a Bill for an Act concerning employment. Second Reading of this House Bill. Amendments 1 and 2 were adopted in committee. No Floor Amendments. All notes have been filed." 09500252.doc 96 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Third Reading. Representative Hassert, you have House Bill 2860. Do you wish us to read that Bill? Okay. Out of the record. Representative Hamos on House Bill 5701. Out of the record. Representative Jefferson on House Bill 5611. Do you wish us to read that Bill on Second? Shall we read the Bill? Read the Bill, Mr. Clerk."
"House Bill 5611, a Bill for an Act concerning education. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Osmond, you have House Bill 4207. Do you wish us to read that Bill? Representative Black, for what reason do you rise?"
"Thank you, Mr. Speaker. I have an inquiry of the Chair."
"State you inquiry?"
"On the previous Bill, House Bill 5611, you had moved it to Third. Our staff indicated that it was… there's an agreement to hold that on Second until the two (2) entities could come together on the Amendment that they… I don't want to use the word promised, but… there was allegedly an agreement to hold it on Second until there was an agreed Amendment on House Bill 5611."
Speaker Hannig: "Representative Jefferson, is that your understanding?"
"Thank you, Mr. Speaker. I was under the impression we had addressed that, but let's clarify it. So, move it back to Second until we make sure." 09500252.doc 97 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Okay. Why don't we do that, then. Mr. Clerk, return that to the Order of Second Reading at the request of the Sponsor. And Representative Osmond. Pardon me. Osmond, do you wish us to read House Bill 4207? Read the Bill, Mr. Clerk."
"House Bill 4207, a Bill for an Act concerning criminal law, has been read a second time, previously. No Committee Amendments. Floor Amendment #1 was adopted to the Bill. Floor Amendment #2, offered by Representative Osmond, has been approved for consideration."
"Representative Osmond."
"Thank you. I'd like to adopt Amendment #2. This Amendment was at the agree… it was requested by Representative Fritchey to clarify and make it a better Bill."
"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. Representative Pihos on House Bill 5189. Out of… Oh, Mr. Clerk, no? Out of the record. Representative Reboletti on House Bill 2916. Do you wish us to read this Bill? Out of the record. Representative Rose on House Bill 5121. Read the Bill, Mr. Clerk."
"House Bill 5121, a Bill for an Act concerning civil law. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Rose, has been approved for consideration." 09500252.doc 98 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Representative Rose."
"Thank you. This Amendment does something rare in Illinois politics. It has the agreement of the trial lawyers, the hospitals, the doctors, and everybody else you can think of. So, I would ask for its favorable consideration. Thank you."
"Is there any discussion? Then all in favor say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Rita on House Bill 5308. Do you wish us to read this Bill? Out of the record. Representative Saviano on House Bill 4762. Out of the record. Representative Schock on House Bill 5905. Read the Bill, Mr. Clerk."
"House Bill 5905, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Coulson, has been approved for consideration."
"Representative Schock."
"Thank you, Mr. Speaker. This Amendment allows for those folks who are serving in the Armed Forces or their dependents who may be transferred to another state while in service for their dependents to remain receiving in-state tuition. I'd be happy to answer any questions the Members might have." 09500252.doc 99 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"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. Representative Tryon on House Bill 4367. Read the Bill, Mr. Clerk."
"House Bill 4367, a Bill for an Act concerning regulation, has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Tryon has been approved…"
"Representative Tryon."
"Yeah. Floor Amendment #2, actually, just adds a fee in there instead of allowing it to be adopted by rule. Actually, sets a fee in the Act. Would move that we adopt it."
"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. Representative Turner, you have House Bill 2467. Representative Turner. Do you wish us to read this Bill? Representative Turner. Read the Bill, Mr. Clerk."
"House Bill 2467, a Bill for an Act concerning regulation. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Turner, has been approved for consideration." 09500252.doc 100 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Representative Turner, you're recognized on the Amendment."
"I thank you, Mr. Speaker. Amendment #1… Amendment #1 is a… just a technical provision that we wanted to put in this legislation. It's the intent of the Sponsor not to move the Bill, but I just want to put it in a position to move it forward. And I move for the adoption of Amendment #1."
"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. Representative Turner, how about House Bill 4385? Out of the record. Representative Wyvetter Younge, you have House Bill 4922. Do you wish us to read that Bill? Read the Bill, Mr. Clerk."
"House Bill 4922, a Bill for an Act concerning community investment. Second Reading of this House Bill. Amendments 1 and 2 were adopted in committee. Floor Amendment #3, offered by Representative Younge, has been approved for consideration."
"Representative Younge on the Amendment."
"The Amendment #3 makes the Bill subject to appropriation."
"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." 09500252.doc 101 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Third Reading. Representative Younge, you have House Bill 4935. Shall we read that one? Read the Bill, Mr. Clerk."
"House Bill 4935, a Bill for an Act concerning local government. Second Reading of this House Bill. No Amendments. No Motions filed."
"Third Reading. Representative Will Davis, you have House Bill 5148. Read the Bill, Mr. Clerk."
"House Bill 5148, a Bill for an Act concerning civil law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Representative, do you wish to us to put this on Third? Representative. Mr. Clerk, then Third Reading. Representative Crespo, you have House Bill 2757. Mr. Clerk, read the Bill."
"House Bill 2757, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendment… No Committee Amendments. Floor Amendments 1 and 2, offered by Representative Crespo, have both been approved for consideration."
"On Amendment #1, Representative Crespo, what's your request?"
"Thank you, Speaker. Amendment #1 is a gut and replace Amendment which changes the Criminal Code by providing a person who commits the offense of unlawful use of weapons when he or she knowingly sells, manufactures, purchases, possesses, or carries metal knuckles of other similar 09500252.doc 102 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 devices regardless of its composition. I should add that this was recommended to be adopted in committee."
"Is there any further discussion? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"
"Floor Amendment #2, offered by Representative Crespo, has been approved for consideration."
"Representative Crespo."
"Thank you again, Speaker. Amendment #2 is a technical Amendment that better defines the device described in the Bill which has to do with metal knuckles or other similar devices regardless of composition. This specifically replaces 'a similar device' with 'knuckle weapon'."
"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. Representative Acevedo, you have House Bill 5489. Do you wish us to read that Bill? Out of the record. Representative Berrios, you have House Bill 5687. Out of the record. Representative Boland on House Bill 5684. Mr. Clerk, read the Bill."
"House Bill 5684, a Bill for an Act concerning civil law. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Boland, has bee approved for consideration."
"Representative Boland." 09500252.doc 103 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Thank you, Mr. Speaker. Floor Amendment 1 just says that every State Government agency or unit of local government that flies an American flag has to… that unit has… that flag has to be manufactured in the United States."
"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. Representative John Bradley, you have House Bill 5576. Do you wish us to read that? Do you wish us to read that? Out of the record. Representative Brady on House Bill 4567. Shall we read that? Representative Brady. Read the Bill, Mr. Clerk."
"House Bill 4567, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Representative Colvin on House Bill 5037. Out of the record. Representative Eddy on House Bill 4505. Read the Bill, Mr. Clerk."
"House Bill 4505, a Bill for an Act concerning local government. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Eddy, has been approved for consideration."
"Representative Eddy."
"Thank you, Mr. Speaker. The Floor Amendment is an attempt to satisfy some of the concerns that opponents had regarding the Bill. The Bill, basically, allows for the 09500252.doc 104 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 use of 9-1-1 funds to provide emergency siren systems for tornadoes in some rural areas. There are some excess 9-1-1 funds. The funds would be used for emergency only and only if there were excess funds and only in rural areas that the Bill… the Amendment actually tightens the language to serve. And I'd appreciate an 'aye' vote."
"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. Representative Ford, you have House Bill 475. Do you wish us to read this Bill? Representative Ford, 475, shall we read it on Second? Read the Bill, Mr. Clerk."
"House Bill 475, a Bill for an Act concerning transportation, has been read a second time, previously. No Amendments. All notes have been filed."
"Third Reading. Representative Fortner, you have House Bill 5186. Out of the record. Representative… Representative Franks, you have House Bill 4686. Do you wish us to read that Bill? 4686. Read the Bill, Mr. Clerk.
"House Bill 4686, a Bill for an Act concerning local government. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Graham, you have House Bill 796. Representative Graham, 796. Out of the record. Representative Hernandez on House Bill 5231. 09500252.doc 105 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 Represent… Representative Hernandez. Out of the record. Representative Jefferson on House Bill 5282. Do you wish us to read this Bill? Representative Jefferson, 5282. Read the Bill, Mr. Clerk."
"House Bill 5282, a Bill for an Act concerning local government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Representative Joyce, you have House Bill 4651. Shall we read this Bill? Out of the record. Representative Kosel, you have House Bill 4936. Do you wish us to read the Bill? Do you wish us to read that Bill? Read the Bill, Mr. Clerk."
"House Bill 4936, a Bill for an Act concerning local government. Second Reading of this House Bill. No Amendments. No Motions filed."
"Third Reading. Representative Lang, Lou Lang on House Bill 5882. Read the Bill, Mr. Clerk."
"House Bill 5882, a Bill for an Act making appropriations. Amendment #1 was adopted in committee. No Motions filed. Second Reading of this House Bill."
"Third Reading. Representative McCarthy, you have House Bill 5200. Out of the record. Representative Meyer on House Bill 4629. Out of the record. Representative Miller on House Bill 4380. Representative Miller. Out of the record. Representative Nekritz, you have House Bill 4683. Out of the record. Representative Phelps, you have House Bill 4930. Do you wish us to read this Bill? Read the Bill, Mr. Clerk." 09500252.doc 106 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"House Bill 4930, a Bill for an Act concerning local government. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Ramey on House Bill 5506. Read the Bill, Mr. Clerk."
"House Bill 5506, a Bill for an Act concerning firearms. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. However, notes have been requested and not yet received."
Speaker Hannig: "So, Representative Ramey, there's been a request for some notes on your Bill, so we'll… we'll hold the Bill pending the notes. So that remains on Second Reading. Representative Rose on House Bill 5909. Do you wish us to read this Bill? Read the Bill, Mr. Clerk."
"House Bill 5909, a Bill for an Act concerning criminal law, has been read a second time, previously. No Committee Amendment. Floor Amendments 1 and 2 have both been approved for consideration, offered by Representative Rose."
"Representative Rose."
"Thank you, Mr. Speaker. Mr. Speaker, is… Floor Amendment 1 was previously adopted. Is that correct? Mr. Speaker, is Floor Amendment 1 previously adopted?"
"Mr. Clerk, could you give us the status of… of the Bill?"
"No Amendments have been adopted to the Bill. Floor Amendments 1 and 2 have both been approved for consideration." 09500252.doc 107 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
Speaker Hannig: "So, on Floor Amendent #1, what's your pleasure, Representative Rose?"
"Okay. Thank you, Mr. Speaker. Mr. Speaker… Okay. Thank you. Yeah, Mr. Speaker, we need to proceed on House Amendment #2 and table…"
"So, would you…"
"…House Amendment #1."
"Okay. So, we'll just withdraw Amendment #1. Mr. Clerk, are there further Amendments?"
"Floor Amendment #2, offered by Representative Rose, has been approved for consideration."
"Thank you, Mr. Speaker."
"Representative Rose."
"Ladies and Gentlemen, House Amendment #2 is in response to Representative Fritchey's question when we debated House Amendment #1. Representative Fritchey raised an excellent point, and so we changed this to address his concern, and he has told me he concurs in this Amendment. I'd ask for its adoption."
"Is there any discussion? Then all in favor say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Scully, you have House Bill 5286. Out of the record. Representative Stephens, you have House Bill 4625. Representative Stephens. Okay. Out of the record. Representative Tracy on House Bill 4841. Do you wish us to read this on Second? Out of the record. Representative Will Davis on House Bill 09500252.doc 108 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 5148. Okay. We've already moved that one. So, out of the record. Mr. Clerk, read House Bill 5790."
"House Bill 5790, a Bill for an Act concerning health. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Osterman, has been approved for consideration."
"Representative Osterman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Amendment #2 is a Floor Amendment that clarifies when a property can go on to the lead-safe housing registry within the state. And I'd 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. All Motions have been filed."
"Third Reading. We're going to return to the Order of Third Reading. We're going to start at the beginning of the alphabet and work our way through so you have some idea where you stand. We'll run the… the clock and use the rules of debate. So, Representative Bellock, you’re first with House Bill 5603. Representative Bellock. Do you wish to read this on Third? Okay. I'm advised there's a Floor Amendment on it, Representative. Did you… did you wish to adopt the Floor Amendment or did you wish to proceed without? What we can do, Representative… why don't we come back to it? We'll come back to it as soon as 09500252.doc 109 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 you… you get… you ready? Okay. So, did you wish to adopt the Amendment or did you wish us to read it on Third?"
"Yes."
"Read it on Third…"
"Right. Thank you."
"…without the Amendment? So…"
"Oh no, I want to adopt the Amendment. I'm sorry."
"Okay. So, Mr. Clerk, return this to the Order of Second Reading and are there any Amendments?"
"Floor Amendment #1, offered by Representative Bellock, has been approved for consideration."
"Representative Bellock on the Amendment."
"Thank you very much, Mr. Speaker. The only change in the Amendment is the changing of the word that it will… the word 'will' rather than 'may'… result in the victim suffering serious emotional distress. It's regarding them testifying outside of the courtroom. So, there's just a change in the one word."
"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. So, Mr. Clerk, read the Bill on Third."
"House Bill 5603, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Representative Bellock."
"Thank you very much, Mr. Speaker. This Bill was brought to me, and it's interesting it's being heard today 09500252.doc 110 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 because it was brought by a policeman out of Itasca, Illinois, who had spoken with a judge of North Carolina. She… recommended that we change this in Illinois, and it's a simple change, but it's to allow that people who are developmentally disabled, that are victims, be taken outside of the courtroom and shown in the courtroom by closed circuit TV rather than being forced to be inside of a courtroom."
"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 Smith, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 112 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Chapa LaVia, you have House Bill 5368. Okay. Mr. Clerk, move that back to the Order of Second Reading. Return that to Second Reading. Are there any Amendments, Mr. Clerk?"
Clerk Mahoney: "Committee Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Chapa LaVia, has been approved for consideration."
"Representative Chapa LaVia."
"Thank… thank you, Speaker and Members of the House. Amendment… Floor Amendment… House Amendment #2 is just a rules and Floor Amendment #1… excuse me one minute. Floor Amendment #1 amends the Bill to provide the correct name of the report from the National Military Families 09500252.doc 111 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 Association to the Interstate Compact on Educational Opportunity for Military Children Report instead of the Model Interstate cam… Compact on Military Family Report. It also provides that the office of Lieutenant Governor must provide the staff and the administrative support for the committee."
"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 notes have been filed."
"Third Reading. Mr. Clerk, read the Bill."
"House Bill 5368, a Bill for an Act concerning military affairs. Third Reading of this House Bill."
"Representative Chapa LaVia."
"Thank you, Speaker and Members of the House. The Lieutenant Governor participated over the… the last couple of months in a program with other Lieutenant Governors that created the Military Family Interstate Compact Implementation Status Drafting Advisory Committee Act. I know it's a mouthful. But what it actually does is, the Lieutenant Governors of quite a few states get together who serve… the Lieutenant Governor would serve as our chairperson of the state. And it… it takes a combination of the State Board of Education, Housing Development Authority and any other interested stakeholders at the discretion of the chair in the Departments of Commerce and Economic Opportunity, Healthcare and Family Services, Veterans' Affairs, and Military Affairs and Labor. And 09500252.doc 112 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 what they do is, they get together and bring forth all the information and resources from the other states on how they can better serve the veterans of this state and other states, and especially having to do with National Guard and Reserve, the families that are shipped out, and what programs we fall short of as a state. So, Lieutenant Governor Pat Quinn has taken a strong lead on this. I'm in full support. We have a lot of support through the Veterans' Affair Committee. And I ask for an 'aye' vote."
"Is there any discussion? The Gentleman from Crawford, Representative Eddy."
"Thank you. Will the Sponsor yield?"
"Indicates she'll yield."
"Representative, it's… looks like it's simply an attempt to put together best practices, or look for best practices regarding…"
"Correct."
"…issues that may be important to veterans as their families are impacted, maybe for example, records or transferability or… or those types of things. Our… our analysis indicates that the State Board of Education had concerns. Did… Did they ever…"
"They have had…"
"…get back to you?"
"Yeah. No, they didn't. And I don't see where the concerns would be 'cause the… one of the thrusts of this piece of legislation is for the children of this state and how they get switched around once mom and dad both get sent on active duty and they get thrown across state lines 09500252.doc 113 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 or they get put with somebody who doesn't have a power of attorney, et cetera, et cetera, especially the children of the state and what they go through, the trauma they go through when mom and dad leave, in school. So no, they have not come to me. They haven't come to Lieutenant Governor Pat Quinn's office. It could have been part that… I'd have to look at the original piece of legislation. It could have been that they weren't a part of it and they wanted to be part of it."
"Okay. Well, obviously, whether it's graduation requirements, course sequencing, all of those things that students may have trouble with, this is an idea that I think is a good one. We're talking about figuring out the best way to handle that disruption and I… I think this makes perfect sense and I appreciate the fact that you brought it to the Body and I'd urge an 'aye' vote… 'aye' vote on this legislation."
"Thank… thank you, Representative."
"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 Yarbrough, Flowers, Durkin, Colvin, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 112 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Will Davis, you have House Bill 5151. Out of the record. Representative Flider, you have House Bill 946. Read the 09500252.doc 114 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 Bill, Mr. Clerk. Representative Flider, the Clerk advises me there's an Amendment that's now been approved. Do you wish to move it back to Second and adopt the Amendment?"
"Yes."
"So, the Rules Committee, I'm advised, let an Amendment out…"
"Yes, that's correct, Sir."
"… pending on this Bill? So, do you wish us to move it back to Second?"
"Yes. Please move it back to Second…"
"Okay. So, move it back to Second, Mr. Clerk…"
"…so we can put on Amendment #1."
"…and are there any Amendments?"
"Floor Amendment #1, offered by Representative Flider, has been approved for consideration."
"Representative Flider."
"Yes. Thank you, Ladies and Gentlemen of the House. This is a Bill that had been discussed, previously, and what we've done, is we've put together an Amendment that ensures that the proceeds will… of the license plates will be placed into the Vocational Rehabilitation Fund. And so, therefore, it would help benefit those with disabilities, at the same time, provide a license plate that many people in the State of Illinois would like to have. And I'd ask for your 'aye' vote on this Amendment."
"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?" 09500252.doc 115 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"No further Amendments. All notes have been filed."
"Third Reading. Do you wish to read the Bill at this time? Mr. Clerk, read the Bill."
"House Bill 946, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Representative Flider."
"Yes. Thank you, Ladies and Gentlemen of the House. As I had previously mentioned, this Bill with the new NASCAR license plate would benefit people with disabilities. And as amended, this would provide an initial fee of forty dollars ($40) for those who would like this license plate, with twenty dollars ($20) deposited into the… excuse me, Vocational Rehabilitation Fund and twenty dollars ($20) deposited into the Secretary of State Special License Plate Fund and then, upon renewal of a twenty-seven dollars ($27), twenty dollars ($20) would go into the Vocational Rehabilitation Fund, and seven dollars ($7) into the Secretary of State's Fund. This Bill, as I mentioned, would help those with disabilities. At the same time, as you know, all license plates are made at Macon Resources in Decatur, Illinois, and so this would be a good economic development tool, not only for my region, but also for the state. And I'd ask for your 'aye' vote."
"Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative May and Currie, do you wish to be recorded? 09500252.doc 116 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 Mr. Clerk, take the record. On this question, there are 105 voting 'yes' and 6 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 5151."
"House Bill 5151, a Bill for an Act concerning appropriations. Third Reading of this House Bill."
"Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 5151 appropriates two hundred and fifty thousand dollars ($250,000) to the Department of Public Health from the General Revenue Fund to fund a Chronic Kidney Disease Awareness, Testing, Diagnosis and Treatment Program that was established by a previous Public Act. This is subject to appropriation. I ask for your approval."
"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 Saviano, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 110 voting 'yes' and 2 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Froehlich, you have House Bill 5868. Do you wish us to read that Bill? Do you wish us to read this on Third? Mr. Clerk, read the Bill."
"House Bill 5868, a Bill for an Act concerning health. Third Reading of this House Bill." 09500252.doc 117 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
Speaker Hannig: "The Gentleman from Cook, Representative Froehlich."
"Thank you, Mr. Speaker. House Bill 5868 is a… a very narrow change to the Smoke Free Illinois Act. It would simply allow a retail tobacco store that applied for an occupancy permit prior to January 1 of this year, to still be eligible as a retail tobacco store, even though they didn't open by January 1, but they did apply for an occupancy permit. We had good discussion of this in committee. The… we had, as a matter of fact, a businessman who's trying to open a business in Representative Tryon's district, who testified. Be happy to answer any questions."
Speaker Hannig: "Move this to Standard Debate. And, Representative Molaro, you're recognized for 5 minutes."
"Thank you. Well, this will be quick. Oh, yeah, you're over here. Just… just quickly, does this have anything with the boats lifting the smoking ban on the riverboats?"
"Nothing to do with that, Representative."
"Representative Stephens, you're recognized for 5 minutes."
"Will the Gentleman yield?"
"Indicates he'll yield."
"What… what's the genesis of this legislation?"
"A constituent of mine, who was seeking to open a business in Representative Tryon's district, spoke to us about it."
"So, shouldn't this be Representative Tryon's Bill?" 09500252.doc 118 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Well, he's the chief cosponsor."
"Is that an answer to my question?"
"You know, if Representative Tryon really wanted to be the Chief Sponsor, I wouldn't have a problem with that."
"I don't think that would help, actually. Thank you, Representative."
"Representative Eddy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he'll yield."
"Representative, this is a very narrow Bill regarding an exemption. Is that correct? I mean, this only applies to one individual, in one shop, in one community."
"Well, I can't… well, it is narrow. I can't tell you for certain there's nobody else in the state who might be similarly situated."
"So, would this apply to anyone in the state who had invested in a shop but didn't get a date certain permit filed, and not just the one?"
"Yeah, I think so. Yes. This does not name…"
"Well, what would the… what would the process be…"
"…any one individual."
"…for the individuals around the state to… what would their process be to apply for this exemption?"
"Well, they would… first, they would have to have… they'd have to be able to prove that they applied for a building or occupancy permit prior to this year."
"Okay." 09500252.doc 119 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"And… but they did not open prior to this year. But if they did not apply last year, then this exemption would not affect them at all."
"Do… do they have to be a retail tobacco store?"
"Yes. Yes. They have to meet the definition that's already in the Act. I don't change that definition at all."
"Representative, do you think that there should be any other exemptions to the Smoking Act beyond just for this type of tobacco store? Do you think, for example, there should be some consideration given to private clubs that, perhaps, have membership that would like to see their club survive? VFW, American Legion, some in my district are in a situation where they literally are not able to stay open because of revenue loss, they claim, due to the fact that… So, do you think maybe there should be some additional exemptions?"
"I… I'm willing to at least discuss some. I… I, frankly, don't favor any broad exemptions that would, you know, serve to repeal the Smoke Free Act but…"
"No. That's not what I'm asking. I'm asking if, would you be amiable to moving this Bill back to Second, I would be glad to attach an Amendment to it that's very narrowly defined to allow for private clubs, only if the members of the private clubs, by a three-fifths vote for example, would be willing to, in their club and their club only, allow for this exemption? I… I mean, if you're looking for narrow ways to allow for exemptions, I'd… I'd be happy to 09500252.doc 120 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 be the Sponsor to that Amendment, if you'd move it to Second."
"Well, I… I'm sure you would, but that proposal you're talking about was already defeated in the committee that my Bill made it through. So, I… I don’t know that that committee is prepared to approve that broader exemption that you're proposing."
"Okay. So, but as Sponsor, Chief Sponsor of this legislation, do you have a problem with that approach that we would look at, a narrow definition of… of an expansion for private clubs?"
"Well, I'd want to know how many private clubs are there in the state for one. You know, so…"
"Well, I'm not looking to exempt all of them. I'm just saying, those who want to exempt… and I'd even, you know, three-fifths vote in that club would be fine."
"Right. Right. Right."
"Just… You know, I'm looking for a way to satisfy the concerns of, especially, some of those small, private clubs. You know, there are American Legions with World War II veterans who may be dependent upon the revenue from their social club, their club, in order to continue to have that organization be supported. And I think they should be given the opportunity to be exempted if a private individual might be exempted for a tobacco shop, probably, we should look at their needs, too."
"Well, see a… a retail tobacco shop is already exempt. I'm not changing that part of the law. I'm not 09500252.doc 121 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 changing the definition. All I'm doing is changing a date."
"Okay. So, the bottom line is, Representative, and I respect your decision, you are not willing to move this to Second so that we could amend it for any further exemptions for private clubs, VFWs, Legions, that type of thing? You're not interested in doing that with this legislation or supporting that?"
"That's… that's correct. This is a very narrowly drafted piece of legislation. That's why is was able to get out of committee."
"Okay. Well, thank you for your answers. I appreciate it."
"We've had three (3) speak in response and one in favor. The rules provide two (2) more in favor. So, Representative Tryon, you're recognized for 5 minutes in favor."
"Thank you, Mr. Speaker. I rise in support and would like to speak to the Bill, if the Sponsor would yield."
"Indicates he'll yield."
"I… I think this is a really unique situation that was not thought out by the Smoke Free Illinois Act. There is no way that anybody who is in the tobacco business would know in October when they applied for a permit from their village that it would take a village six (6) weeks to get the plan review done, it would take an extraordinary amount of time for the village to do the things that some other village might be done in a week. So, in one instance, he's at the mercy of the village. The law changes and now the 09500252.doc 122 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 village comes out and says although Smoke Free Illinois Act does accommodate a hookah bar after July… January 1 it has to be in a stand-alone building. That because we didn't get it through our processes and you didn't start the process early enough, we now are going to say that the Smoke Free Illinois Act applies and you can't open it up. This guy has thousands and thousands of dollars invested in this in my district and I clearly think the law should have been, if anybody applied prior to January 1, they should be allowed to continue to complete the construction and open… open their facility. I think that was what the spirit of the law was and I would certainly urge an 'aye' vote."
"The rules provide for one additional speaker in support. Representative Black, would you like to rise in support? Proceed, Representative."
"Thank you, Mr. Speaker. I… I don't know whether I'm in support or not. Will the Sponsor yield?"
"Indicates he'll yield."
"Representative, I… I'm somewhat surprised that the American Lung Association does not have a position, but be that as it may, let me ask you a question. What… what if I had opened a restaurant and I had an occupancy for a… a permit to occupy the space and I got in, in February of '08, but I did have a permitted space that I was going to make a private dining room, would have been my original business plan, would seat fifty (50) people? Now, since I had my… all my applications in prior to January 1 of '08 and I opened in February of '08, now I have this private room that with the economy I don't need a private dining 09500252.doc 123 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 room. What… is there anything that would prevent the restaurant owner from saying it was clearly my intent, that I discussed with my contractor, that this was going to be a high-end tobacco store? So, people who would then frequent his restaurant could go into this, let's say twenty (20) by twenty-five (25) foot room, buy imported cigars, cigarettes, whatever, and sit down and smoke and/or eat. What… what would prevent somebody from saying, well, I had intended this room to be a tobacco store?"
"Well, there… there is a… a pretty specific definition in the law of what a retail tobacco store is. And I don't think a restaurant could qualify under that very tight definition. As I recall, one part is 80 percent, at least, of your revenue must come… maybe it's 90 percent… must come from the sale of tobacco. So, a restaurant bar couldn't qualify anyway."
"Well… but if I put a door on it and the only thing I sold in that room would be tobacco products, and even had a separate business license, I might be able to meet that requirement. I mean, I'm just trying to be devil's advocate 'cause you and I both know there are a lot of people who would like to use this particular… I don't want to call it that, but I mean, if they see an opportunity to create a tobacco store where they didn't have a cash business beforehand, I'm trying to figure out if there's a way that they couldn't do that under this law."
"I… I don't think… I think this Bill is so narrow, I don't believe so. If… this would only apply to a retail 09500252.doc 124 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 tobacco store, nothing else and only for those who applied prior to January 1."
"But would I have had to apply for a specific retail tobacco store license?"
"Well, no. A business license, but you'd still need to meet the definition as a retail tobacco store to enjoy the smoking exemption."
"That's the only thing I… where I think we may get into confusion, Representative. I think I could meet that. If I applied for my business license prior to January 1, I opened my restaurant, bar, whatever we want to call it, now I've got… I have this room, the economy… there's no reason to have a private dining room. I put in a door, I may give it a different name, the Deluxe Tobacco Shop, keep separate books, and for whatever… you know, however patrons want to do it, they want to go in and buy cigarettes or… or expensive cigars, they could go into this room, separate door, separate sales tax number, buy the tobacco, smoke there, get done, walk back out to the restaurant. I mean, I've seen some pretty creative attempts to get around the Smoke Free Illinois Act. I just want to make sure this would not create a sudden rush to, hey, I had my license. I… I have a room that I never developed and now I'm going to develop a tobacco shop."
"Well, I… it's certainly… One, it's not my intent to create some big new loophole and…"
"Right. No, I understand that. I understand that."
"…and that's the reason you do not see the advocates of the Smoke Free Act opposing this Bill. They understand 09500252.doc 125 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 this is not designed to create a big loophole that a lot of new… a lot of businesses can sneak through."
"So, you… you have no idea how many businesses may want this or is it just a…"
"Representative, your time has expired. Would you bring your remarks to a close?"
"Yeah. And some time, Representative, if you could just tell me, if this is just something that you ran into in your district…"
"Yes."
"…or whether there are multiple locations? That's… that's all I'm curious about."
"I know of just one and it's in actually Representative Tryon's district. Just one that I know of."
"Okay. Thank you very much. Thank you, Mr. Speaker."
"Okay. So, we've had three (3) speak in favor, three (3) speak in response. And Representative Froehlich, you're recognized to close."
"Thank you. I just ask for an 'aye' vote."
"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Cultra, Currie, Feigenholtz, Mathias. Mr. Clerk, take the record. On this question, there are 62 voting 'yes' and 50 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Harris, you have House Bill 4731. Read the Bill, Mr. Clerk." 09500252.doc 126 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"House Bill 4731, a Bill for an Act in relation to public employee benefits. Third Reading of this House Bill."
"Representative Harris."
"Thank you, Mr. Speaker, Ladies and Gentlemen. This is a Bill brought to me by the Chicago Teachers Union, which would allow domestic partners of Chicago teachers to become eligible survivor benefits. This applies only to the Chicago Public Schools."
"Is there any discussion? Representative Rose. Representative…"
"It was for the last Bill. I didn't get a chance to add…"
"Representative Eddy, you're recognized for 5 minutes."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he'll yield."
"First, I have a… an inquiry of the Chair. Is there… are there any financial notes on this legislation?"
"Representative… Mr. Clerk, are there… have there been request for notes and… and have they been complied with?"
"A pension note was requested on House Amendment #1, and it has been filed."
"Okay. Thank you. Representative, can… can you share with the Body the… the impact, the pension impact?"
"There will be zero (0) impact." 09500252.doc 127 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"So, a piece of legislation that will extend benefits to individuals will have no fiscal impact on the pension system?"
"These are benefits that the members of the teachers union are paying for, but because they do not have a spouse as currently defined in the pension law, there is no beneficiary for them."
"Well… hold on a second, 'cause it… it doesn't seem… I'm trying to understand how, by adding individuals who will be provided benefits in a pension system, there can be no fiscal impact for adding those individuals. I don't quite understand that."
"They have to pay, Representative, for the benefit to qualify for it. This is not paid for by the Board of Education."
"If…"
"And as you can see the Chicago Public Schools have no position. And for your edification, Representative Eddy, I'm told that this will apply, as best as anyone can determine, to between seven (7) and twelve (12) individuals."
"This legislation is drafted to only effect how many individuals, Representative? Seven (7) to twelve (12)?"
"Individuals that have expressed an interest to the union in having this benefit. Then not to say there could not be more, but it's the employees' contribution that pays for the survivor benefits, not the Board of Education. So, the employee who chose to put a survivor on would be making that contribution." 09500252.doc 128 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"All right. Let's… let's move on. I'm not sure how in the world, by adding individuals who might be eligible for benefits from a system, there can't be any fiscal impact whatsoever from adding those individuals, but… but I guess that's what the note says. What… what proof is necessary for an individual to bring to the system, or to those who allow or okay that benefits would be provided? What… what proof is necessary?"
"If you look in Section (sic-subsection)C, Representative, it talks about the residency requirements and there is a certification and affidavit required… those requirements have been met."
"So, they have to be a resident of… what?"
"They have to have shared residences and had mutual, financial obligations for…"
"For how long?"
"…a period of at least twelve (12) months."
"So, if an individual lives with another individual, shares a residence for a period of twelve (12) months, that's one test, they then would be eligible for benefits from the pension in the Chicago…"
"Survivor benefits."
"…survivor benefits in the Chicago Pension System?"
"Right."
"Twelve (12) months."
"Now, this does not apply to opposite sex couples, however, who still would have to get married."
"Would you repeat that?" 09500252.doc 129 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"I said, this Bill does not… this does not apply to opposite sex couples who could get married at any time. It applies to same…"
"Why?"
"I'm sorry?"
"Why? Why is this, in effect, legislation that is discriminatory against opposite sex couples?"
"Oh, I don't think it discriminates at all because an opposite sex couple can go and become man and wife after living together for twelve (12) hours if they so choose."
"Well, Representative, you just stated that this legislation does not allow for the benefits to be extended to individual… or couples that are of opposite sex, but it is extended to those of same sex. How could that not be, in some way, discriminatory against those of opposite sex?"
"Because opposite sex couples are currently eligible under the existing law."
"If they're…"
"…married."
"What if they choose not to become married?"
"Then that is not contemplated in this Amendment. And if I had my druthers, I would say that persons of the same sex should get married and meet the same requirements, but that's not what this Bill does."
"But… but this Bill clearly, for those individuals who are opposite sex couples, who choose not to get married but live in the same residence for twelve (12) months, it discriminates against those individuals." 09500252.doc 130 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"It does require them to take the legal step that opposite sex…"
"Representative Eddy, your time has expired. You'll bring your remarks to a close."
"Thank you, Mr. Speaker. I'll be glad to. Ladies and Gentlemen of the House, very quickly, pay attention to this. This is a legislation that the Sponsor's trying to convince everyone will not cost a benefit or the system any money, but extends benefits. And it's also clearly, something that's discriminatory against certain individuals. I urge the Body to pay attention, and I further urge a 'no' vote."
"Representative Black, you're recognized for 5 minutes."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Indicates he'll yield."
"Thank you. Representative, I only have one question and I… I honestly do not know the answer and I've been trying to get the answer here for a few minutes. Is there anything in current statute that says the Chicago Teachers Pension Board or the Chicago School Board could not, by administrative action, extend these benefits if they chose to do so? I know that some cities have done it. I just don't… Is this specifically prohibited by State Law?"
"I understand from the teachers union that their attorneys believe that that is, in fact, the case, Representative." 09500252.doc 131 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"All right. Then, cities that have extended it to city employees, evidently the Municipal Code would be different then than the Chicago School Code or the Chicago Teachers Pension Board, the statutory requirements, then, right? Evidently."
"I… I, frankly, do not know."
"Okay."
"I'm making the assumption, as you do, that that would be correct."
"Yeah. I… that would be an interesting question to know the answer because my first reaction was… particularly, if there were as you say, not very many who would probably take advantage of this situation, I would think that the Chicago Teachers Union, by either action of their board, or action of the Chicago School Board, could extend these benefits if they so desired. But in the lack of any definitive answer, that… that's just a question that's going through my mind."
"Yes, Representative, and, yeah, I'm sure that if they could have done this as part of the collective bargaining process with the Board of Education, who is in support of it, I don't think they would have come down here if they could have done that as a matter of course."
"Okay."
"So, I… I tend to believe their assertion…
"All right."
"…that we need to take action."
"All right. Thank you."
"Representative Molaro, 5 minutes" 09500252.doc 132 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Thank you. This is a pretty straightforward Bill and with the two (2) questions that were just asked, Representative Black, just remember this, the cities, on their labor force, can do anything they want as far as their labor force. So, if they want to give a current employee benefits of health care and everything else, they could do it, but if they want to change their pension benefits, they have to come here. They have to come here. They cannot change pension benefits without coming to the State of Illinois 'cause we control the Pension Fund, but they can control their own benefits. As a city employee could say, I'll get my domestic partner's health insurance… they can do whatever they want, but for benefits, they have to come here. As the other Representative, let me just say this, and maybe it's not clear. When you join the Chicago Teachers… you become a Chicago teacher, your pension system, they take out half a point or 1 percent of your salary for spousal benefit. You pay for that. Now, if you retire and you don't give away your spousal benefit either to your wife, or in this case, a domestic partner, you get that back. That's why there's no cost to the system. There's no cost to the system because every employee pays for it and when you retire, if you don't have a spouse, you get it back. So, therefore, the domestic partner's already paying for it. That's why there's no cost to the system. As to the other comment, as to whether or not this is discriminatory to somebody who's… who's same… different sexes, the point being that, if I'm a Chicago teacher and I have a domestic partner who is a female, somebody's a 09500252.doc 133 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 Chicago teacher and their domestic partner is a male, and we're both male, I have the ability to go to city hall, get a license, and I get full benefits from the teachers… from the teachers system. However, if you're male and you go there, they won't give you a marriage license. So, it's not discriminatory. This ends discrimination, not causes one. So, let me repeat, if you're going to do this and you're going to do it for any of the sixteen (16) pension funds and give this benefit away, you can't do it by statute, you have… I mean by ordinance, you have to come here. This is definitely revenue neutral because each individual teacher gets that half a point of percent taken, and this gets rid of a discrimination that's a long time in getting rid of. Thank you."
"We've had two (2) speak in favor and two (2) in response. Representative Stephens, you're recognized for 5 minutes."
"Will the Gentleman yield…"
"He indicates he'll yield."
"…for a question? Representative, the… could you give me the definition of an 'exclusive mutual commitment' to the teacher?"
"Absolutely. I believe that this would be persons in a loving relationship, two (2) individuals who share their love together."
"Is there a test for that?"
"I don't believe that there is a test for that between same sex couples that's any different than between heterosexual couples, Representative." 09500252.doc 134 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"I'm not aware of a, under current law, the Insurance Code calls for an exclusive mutual commitment language in the current state statute. Can you point that out to me?"
"Is your question, if you believe that the relationship should be more open than exclusive and…"
"No, my question to you, Representative, is…"
"…mutual between two (2) individuals?"
"…you put it in the Bill, I didn't. Right? You put it in there for a reason, and I'm asking you, if you put it in there for a reason, how do you confirm it?"
"There is a certification that the parties must make that's in writing."
"Every thirty (30) days? Once…"
"Upon the application for the…"
"…Once is good."
"…upon the application for the benefit."
"So, what you… what you attest to is for the past twelve (12) months you have had a mutual commitment to that member of the pension… that teacher."
"That would be correct."
"And what does that mean? Is it defined in your Bill?"
"No, it's not. And I…"
"It's not? It's not?"
"The words are… the words, I believe, speak for themselves; exclusive, meaning between those two (2) individuals; commitment, means an ongoing relationship of care, and trust, and mutual support." 09500252.doc 135 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Does commitment… what is… what is a violation of a commitment?"
"For the purposes of the pension then it would be when they… one of the partners, the teacher, would come in and file that that domestic partnership has ended. Very much, as if there was a dissolution of marriage…"
"How do you adjudicate that?"
"…they would bring that forward."
"How do you adjudicate that? What if you say, you know, my partner is no longer committed to me? Do… How do you adjudicate that? What sort of testimony would be… would go before the person who arbitrates such a matter?"
"And those rules that… would spell out the exact specifications and definitions are left to the fund, the pension fund, to delineate. We're not delineating them here on the floor."
"Are you serious?"
"Absolutely."
"We have all the ability, and with… with the discussion of… of rules this year, I would think it's most appropriate in this legislation that you would line up each and every rule that you could here and not leave that up to the… What if they say, well, you know what, if I… if I decide, as the member, I think this guy's thinking about cheating on me. That's… he has broken our commitment. Would… would that person, then, be thrown out of the… out of the fund?" 09500252.doc 136 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"I believe that we should really go to a civil union concept, but that'll, I think, be, a discussion we have later on in this Session."
"You won't… But that issue's not before us, Representative, your issue is and you're telling me that… What? What's the answer?"
"The answer is that because there is no legal recognition of these relationships at the state level, such as a civil union, it is a…"
"Is there legal recognition of the phrase 'mutual commitment'?"
"That would be defined by the pension board and it could be terminated by affidavit by the members."
"So, this is a new term of art in the… in the legal profession and in the insurance profession. This is a term of art that you're introducing and you don't care to define it?"
"It's not up to me to define. It's up to the pension board to define as…"
"Representative, this has…"
"…outlined in the statute."
"…far reaching implications and this is a… this is important legislation that I think is an important error in judgment by this Body should we adopt it. And so, for that reason and that reason alone, you should define the terms. We do it all the time."
"Sir, thank you for your input."
"Well, you're welcome. To the Bill. This is… this is obviously, after much time, not much thought has gone 09500252.doc 137 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 into this legislation. For that and many other reasons, Mr. Speaker, I rise in strong opposition and urge my colleagues to vote 'no'."
"We've had two (2) in favor and three (3) in response. The rules would provide one additional speaker in favor. Representative Hamos, would you like to speak in favor?"
"Yes."
"Okay. Representative Hamos."
"Thank you. Ladies and Gentlemen, initially, I wasn't going to speak because I thought that Representative Molaro had covered the important points to try to explain why this Bill doesn't have fiscal impact for the fund, and why we have to do it by state statute. And I thought he did a great job explaining that, but after the last line of questioning, I feel it necessary to stand before you because the Bill does say that the fund may require reasonable evidence that the person designated meets the qualifications set forth in subsection c. This Bill was brought to us by the very same teachers unions that we have worked with, that understand that they have members who are impacted by this, that they would like to provide for some of the aging teachers who are in these kind of relationships. We prohibit them by law from getting married. The only way to really help them help their partner with these survivor and death benefits is with a simplified procedure that the fund is willing to administer, that doesn't create any problems whatsoever and the one word that we have not used in this full debate on 09500252.doc 138 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 this Bill, is the word 'fair'. This is a fair approach to provide some security for the people who are domestic partners of our teachers, the people we care about, the people that the unions care about and it seems only appropriate that we provide this realistic, reasonable procedure that the fund can administer after we pass this into law. I vote… I urge an 'aye' vote."
"Representative Black, you've… you've spoken in debate. For what reason do you rise?"
"Yes. A parliamentary inquiry."
"State your inquiry."
"Thank you very… thank you very much, Mr. Speaker. On 4731, I notice it came out of committee 3 to 2, and yet it's on Short Debate."
"It's on Standard Debate."
"Standard Debate. Thank you very much."
"We've had three (3) speak on each side."
"Thank you. That answers that. No…"
"Representative Stephens, you've also spoken in debate. For what reason do you rise?"
"I had failed to ask for a verification and I meant to do that. And with your indulgence, Speaker, I would request a verification should this Bill get the requisite number of votes."
"Okay. Representative…"
"And… we really are into this and we'd like Extended Debate."
"You really want Extended Debate, huh? All right." 09500252.doc 139 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Not… not my term."
"We'll grant Extended Debate. So, that would be five (5) on each side. Representative Mulligan, you're up next. Five minutes."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he'll yield."
"Representative, we're consolidating a few people's questions over here, so one of my colleagues wanted to know if the definition of 'domestic partnership' was the same as most corporations would use?"
"Each individual corporation that I know of, has developed their own definitions. There are a wide variety of them. This is similar to some, it is dissimilar from some."
"And so, did you use a model or where did you get your definition from?"
"This was provided by the Chicago Teachers Union in discussions that they had with the Board of Education."
"All right. And the teachers unions, on our analysis, it says the teachers unions, their pension fund… IFT are all supportive of this?"
"That's correct."
"All right. On ours, when we do a survivor's benefit, if you're not married you can remove that survivor's benefit and then if you remarry, in order to retain that survivor's benefit, you'd have to buy back in. How… how would it work when, if the teacher is paying in the extra amount for a survivor's benefit or perhaps, they had not had a partner and hadn't paid it for a number of 09500252.doc 140 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 years, and they get a partner. Once they designate it, I presume they'd have to pay, but do they have to buy in for the number of years that they would receive…"
"It is my understanding that that's correct, that it would be a… identical process…"
"All right. So…"
"…to make it fair to all teachers concerned."
"All right. So, actually, they're putting money into this system for their survivor that comes out of their paycheck…"
"Yes."
"…and if they add or change that, they would add or delete it similar to what we do in the General Assembly?"
"That's exactly right, Representative. It would be the same as we would do here."
"All right. And do you have any idea of… how does, like, the Chicago Public School District feel about this?"
"Well, as I said, they… they are on ours as no position. They're not in any opposition to it. They believe it does not have financial impact and they're willing to support the union in this effort, should it pass the Legislature."
"All right. And so, there was no specific amount of money put on the cost of this?"
"The union made their calculations, I believe, but the Board of Ed, because they would be putting nothing into it, this is not a fiscal concern of theirs."
"Okay. I… I have no idea. I think the number of teachers… is reasonably a lot. I mean, I know teachers in 09500252.doc 141 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 my district that belong to GLSEN which is the group for, I think, gay and lesbian teachers."
"Right."
"I know parents of people that have helped GLSEN, that are parents of gay and lesbian teachers, so in my area which is adjacent to Chicago, and the little bit of Chicago that I have, there's… there seems to be support and there seems to be people of different sexual orientation that are already in the system, and so they would take advantage of this."
"Again, this applies…"
"It's not a question. I'm just making…"
"Well, I… I just wanted to clarify to the Body that this only applies to the Chicago Public Schools. It does not apply to any other district outside…"
"Right."
"…the City of Chicago. And as near as the Chicago Teachers Union can determine at this point, it would apply to probably less than a dozen individual teachers."
"All right. The only problem I have with it, isn't necessarily this part of the Bill. The problem I have with it is that a number of… where a number of other people brought up, that is seems unfair that say two (2) elderly people who don't get married, man and… man and wife, or a man and a woman, who would like… are doing it because it's more financially advantageous for them not to be married, also can't take advantage of this. That seems a little bit discriminatory for someone who doesn't want to be 09500252.doc 142 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 discriminatory. So, I find that to be a little problem, but I intend to support your Bill."
"Thank you."
Speaker Hannig: "Any further discussion? Representative Harris, you're recognized to close."
"Thank you, Mr. Speaker, fellow Members. You know, a number of issues have been brought up today regarding this Bill that is here at the request of the union, and I just wanted to touch on a number of them to be sure that, you know, I've clarified the issues adequately. The first issue is that this is a piece of legislation that would only apply to the Chicago Public School System. It would not apply to any other school system elsewhere in the State of Illinois. This is a Bill that was brought to me by the teachers union on behalf of their membership to be sure that all of their members, whether they are in an opposite sex relationship or a same sex relationship, are equally well taken care of in their old age and that no one suffers from discrimination. This is a piece of legislation that has no cost to the public body, to the Board of Education. The cost is borne by the individual teachers. They would have to buy time if they added a new person as a partner and all the survivor benefits would be those paid in by the teachers. The major question that's been raised here, I think, is a very good one and that is the question of fairness and discrimination. If I had a choice on how to handle this, it would be that every teacher could have a… could have a civil union partner or a married partner, regardless of sexual orientation, but our laws, right now, 09500252.doc 143 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 do not allow that. Men and women may get married in Illinois, they may get married on a year's time, they can get married on a day's notice, they can get married on a couple hour's notice and take advantage of those benefits. In this Bill, to prove that there is a committed relationship, same sex couples would have to stay together for twelve (12) months. They would have to sign affidavits and they would have to satisfy the Board of Education that that is, in fact, the case. So, in a lot of ways, we're putting greater obligations on the persons who would be receiving domestic partner benefits than we would be putting on persons who attained a traditional marriage license. This is not a perfect solution. I think there are solutions that we may discuss later that will help address the issue of fairness, that will be sure that all persons in Illinois are treated equally, based on marital status. And at this point, I would ask you to support the Chicago Teachers Union and their members, and vote 'aye' for this Bill. Thank you."
"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Scully, Munson, Acevedo, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 43 voting 'yes' and 67 voting 'no' and the Bill fails. Representative Holbrook, you have House Bill 5092. Read… Out of the record. Representative… Representative Black, for what reason do you rise?" 09500252.doc 144 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Mr. Speaker, inquiry of the Chair."
"State your inquiry."
"Would it be permissible with the Chair if we could at least acknowledge House Resolution 1046, we passed some time ago in honor of a colleague who just retired about a month ago as the director of the Illinois Department of Agriculture, Mr. Hartke?"
"Please proceed, Representative Black."
"Thank you. Ladies and Gentlemen of the House, it's my distinct privilege and pleasure to introduce to you… I don't know where he is. There he is, up there is the gallery. Stand up, Chuck. Ladies and Gentlemen, I appreciate… I appreciate the fact that you… we've already approved House Resolution 1046, but I had the great privilege and pleasure of serving with Representative Hartke for almost twenty (20) years, and as God as my witness, I didn't know a Kleenex box would fly that far. But also, I wanted to thank him for a remarkable tenure as the director of the Illinois Department of Agriculture. Chuck, you left… you left Agriculture in better shape then when you went in, and it's all due to your leadership. You told me we'd see thirteen dollar ($13) beans. I should have believed you and had a contract with CBOE, but I didn't believe you. But thank you very much. You've been a joy to serve with in the House, and you were a joy to work with when you were the director of the Department of Agriculture. Certainly wish you the very best, and my thoughts and prayers are with you and your wife, and wish her the very best too, Chuck. It's been a real pleasure." 09500252.doc 145 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"Representative Mautino, you have House Bill 4518. Mr. Clerk, read the Bill."
"House Bill 4518, a Bill for an Act concerning libraries. Third Reading of this House Bill."
"Representative Mautino."
"Thank you, Speaker. House Bill 4518 is an initiative of the Statewide Libraries Association. It deals with paper libraries, and that is an area that has voted in to provide library services but doesn't have a brick and mortar building. The Amendment would allow a board, which is constituted to appoint members so that they can fill a quorum. Here's the situation. LaSalle County, Illinois, the Reddick Library expanded from a municipal library to a district. The four (4) surrounding townships wanted to have another option, so they created a library and they contacted… contracted with a different city. So, three (3) of the townships are okay. In one township, they did not have enough people to create the quorum of a board, which they… they could then meet all the requirements in the Bill, that is providing library services to all the people within their townships. This fixes that, and if a paper library is created and… this will give a way to dissolve it. If after three (3) years the people in those townships aren't getting their services, then they will be able to go to the court and show that the library should be dissolved, which is identical to the way we currently do it for park districts. Be happy to answer any questions. I know of no opposition to the Bill, and appreciate an 'aye' vote." 09500252.doc 146 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
Speaker Hannig: "The Gentleman from DeKalb, Representative Pritchard."
"Yes. Thank you, Mr. Speaker. To the Bill. Ladies and Gentlemen, I also have a portion of LaSalle County, and understand the issue of constituents in an area that would like to have library services but cannot because their boards have not taken the appropriate action to either build a library or enter into some type of intergovernmental agreement to share with an existing library. This is a good piece of legislation that allows citizens to continue to learn through their public library, and to continue to utilize the wonderful services that our libraries offer. I would urge you all to support this legislation."
Speaker Hannig: "Is there any further discussion? Representative Mautino to close. To close, Representative."
"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… Mr. Clerk, take the record. On this question, there are 112 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 4357."
"House Bill 4357, a Bill for an Act concerning criminal law. Third Reading of this House Bill." 09500252.doc 147 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"So, let's hold that on Third Reading. Mr. Clerk, would you read House Bill 2094?"
"House Bill 2094, a Bill for an Act concerning civil law. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Fritchey, has been approved for consideration."
"Representative Fritchey. Okay. Well, we'll have to take it out of the record. Representative Yarbrough has House Bill 5238. Mr. Clerk, read the Bill."
"House Bill 5238, a Bill for an Act concerning housing. Third… Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Yarbrough, has been approved for consideration."
"Representative Yarbrough."
"Thank you, Mr. Speaker. House Bill 5238, the Amendment is a… first of all, this is a Bill to create more affordable housing. And this is a Bill that was brought to me by the CHA to establish partnerships with… for-profit developers, and the Amendment just adds not-for-profit as well. I move for its adoption."
"Is there any discussion? Then 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 House Bill 4981." 09500252.doc 148 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008
"House Bill 4981, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Mendoza, has been approved for consideration."
"Representative Mendoza."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Amendment #1 simply takes away the Governor's ability to sweep the Roadside Memorial Fund. And I would ask for your adoption."
"Is there any discussion? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. And the Amendment is adopted. Any further Amendments?"
"No further Amendments. All notes have been filed."
"Third Reading. Representative Scully, we have House Bill 5286. Did you wish us to read that? Out of the record. Rep… Okay. Representative Miller, do you wish us to read House Bill 4380? Out of the record. Mr. Clerk, read House Bill 4380."
"House Bill 4380, a Bill for an Act concerning education. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Mr. Clerk, read the Agreed Resolutions."
"On the Order of Agreed Resolutions is House Resolution 1178, offered by Representative Black. House 09500252.doc 149 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 Resolution 1180, offered by Representative Sacia. House Resolution 1181, offered by Representative Black. House Resolution 1183, offered by Representative Coladipietro. House Resolution 1186, offered by Representative Mathias, and House Resolution 1189, offered by Representative Beiser."
"Representative Currie moves for the adoption of the Agreed Resolutions. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. And the Agreed Resolutions are adopted. Representative Franks, you're recognized for a Motion to waive posting. Representative Franks."
"Thank you, Mr. Speaker. I'd like to make a Motion to suspend the posting requirements for House Resolutions 1190 as well as 1188."
"You've heard the Gentleman's Motion. Is there any discussion? Then all in favor of the Gentleman's Motion say 'aye'; opposed 'nay'. The 'ayes' have it. The Motion's adopted and the… the posting requirements are waived. We're going to do the… we're going to do announcements, and then we're going to have a Death Resolution for a former Member. So, under announcements. Are there any announcements? Mr. Clerk, would you read the committee schedule for us, please."
"At 5:00 p.m. or immediately following Session, the following committees will meet: Consumer Protection will meet in Room C-1; Drivers Education & Safety will meet in Room 122B; Health Care Availability & Access will meet in room 118; Judiciary-Criminal Law will meet in Room D-1, and State Government Administration will meet in Room 09500252.doc 150 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 114. At 5:30 p.m. or immediately following Session… or at one-half hour following Session, Elementary & Secondary Education will meet in Room C-1; Environment & Energy in Room 118; Human Services in Room 122B, and Revenue in Room 115. The Environmental Health Committee which was to meet at 5:00 p.m. has been canceled. Environmental Health has been canceled."
"We'd ask that the Members rise and we're going to have the Clerk read a Death Resolution for a former Member. Mr. Clerk, would you read the Resolution, please."
"House Resolution 1191. WHEREAS, The members of the Illinois House of Representatives are saddened to learn of the death of our former colleague L. Bruce Richmond of Murphysboro, who passed away on April 13, 2007 (sic-2008); and WHEREAS, L. Bruce Richmond was born on October 17, 1920 in Johnson City; his parents were John and Dottie Richmond; he married LaCleeta Patterson on January 18, 1940; she passed away on December 4, 1999; he later married Elizabeth (Rose) Fear; and WHEREAS, L. Bruce Richmond served in the United States Navy during World War II, where he served as a ship painter at Pearl Harbor; his artistic ability led him to learn the trade of sign-painting while in Hawaii, where he also began painting portraits; he later settled in Murphysboro with his family, where he was owner-operator of Artcraft Sign Service for more than 30 years; and WHEREAS, L. Bruce Richmond was active in politics for most of his life as an alderman in Murphysboro for many years and 09500252.doc 151 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 as mayor of Murphysboro in the late 1960s and early 1970s; in 1974, he was elected to the Illinois General Assembly, where he served as a member of the House of Representatives with distinction until his retirement in 1993; and WHEREAS, As a member of the Illinois House of Representatives, L. Bruce Richmond was the primary sponsor of the annual appropriations bill for SIU and funding for the university's projects; he was the original sponsor and supporter for state funding for the SIU Business Incubator, now known as the Dunn-Richmond Center; he was also the chief sponsor of bills obtaining funding for the renovation of Davies Gym, Touch of Nature, Pulliam Hall and many other projects at SIU; in addition, he was able to bring funding for many projects in Southern Illinois as chairman of the Agriculture Committee and member of Appropriations; and WHEREAS, After retiring, L. Bruce Richmond continued honing his artistic skills, painting dozens of still life animals and portraits; he also did walnut relief carving of birds and animals; in the late 1990s, his artwork was displayed at an exhibit at the Museum Gallery at SIUC; and WHEREAS, L. Bruce Richmond was an avid golfer and fisherman; he was an active member of the Elks Club, where he served as state president in 1963, and was a national ritual judge and officer for several years afterwards; and WHEREAS, L. Bruce Richmond was preceded in death by his wife, LaCleeta; his son, Randall; his parents; and his two sisters and three brothers; and WHEREAS, L. Bruce Richmond is survived by his wife, Elizabeth; his son, Michael, and daughter-in-law, Linda; his daughter 09500252.doc 152 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 and son-in-law, Susan and Richard Morris; his stepson, Kevin Fear; his stepdaughter, Mary George; his grandchildren, Amy Cheatham and Sarah Richmond; his step-granddaughter, Emma; his great-grandson, Noah Cheatham; and his many nieces and nephews; and WHEREAS, L. Bruce Richmond will be remembered by all who knew and loved him for his wisdom, dry wit, and quiet strength; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with his family and friends, the death of our former colleague L. Bruce Richmond; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of L. Bruce Richmond as an expression of our sympathy."
"Representative Bost."
"Thank you, Mr. Speaker, Members of the House. For those of you that… didn't know Bruce, he was truly a man of honor, well respected in our community. I had known him pretty well all of my life. I knew him is several aspects besides being State Representative. Bruce, as it said in the Resolution, ran Artcraft Sign… well, Artcraft Company, and because of my family being in the trucking business, he did all the lettering and all the painting on the sides of the trucks but that was not his major love. His major love was his artwork, and he did some wonderful, wonderful paintings. One in particular, and a little bit of a funny story, in the '60s he painted a nude photo… nude painting that was very classily done, but at the time was still 09500252.doc 153 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 frowned upon, but it was hung at the… over the bar for the Logan House Hotel. It was so controversial that Bruce, then, went in and painted a negligee to make sure it wasn't as controversy and… as controversial, and then when the Logan House burnt, he redid that painting. And it still hangs in a particular establishment that's a really nice place called the Old Rome Restaurant, and it hangs above the bar there. Bruce loved his artwork. Bruce was, as I said, a well respected man of the community. He held two (2) terms of mayor in the City of Murphysboro before coming up here. It's amazing when I talk to his colleagues around here, they always remember him as… he sat underneath during the old floor here, and he and Monroe Flynn were always together. Of course, they always had their stools over at Sam's, too, that they were either there or they were here. You know, in our involvement in these political processes in being elected and everything, let me tell you how respected he was. In 1988, I was twenty-seven (27) years old, and a young… and up and coming in politics and I got asked by the Republican Party to run for State Representative. And instantly the ego was, oh my goodness, yes, this is what… I just can't believe they'd ask me to do this. Well, my father, a very wise man that he is, and he was my… we worked together at the trucking company. I went in and I said, 'I got to talk to you'. I said, 'I've been asked to run for State Representative.' He said, 'Against who?'. And I said, 'Bruce.' He said, 'I'll vote for Bruce.' There's a time in this process that you need to realize when someone is respected and liked, and Bruce was 09500252.doc 154 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 that, regardless of Party. The community loved him and he'll be terribly missed. Bruce is… did get the opportunity to move down to… to the bootheel of Missouri after retiring from here and did do quite a bit of his artwork. But then a few years ago, because of health and other reasons, he moved back up and he just lived down the street from us, and we didn't get to see much him. We checked in on him once in awhile, but he is truly and truly has been a servant to the community of Murphysboro. My condolences go to all of his family. He will be dearly missed. Those of you that didn't know him, I just wish you had the opportunity to know the wonderful man that Bruce Richmond was."
"The Majority Leader, Representative Currie."
"Thank you, Speaker and Members of the House. Our services did some overlap, Bruce Richmond's and mine. He arrived earlier than I did, but I seemed to have stayed longer than he. And I remember too, Representative, the picture of Monroe Flynn and Bruce Richmond holding court at the back of the chamber. And I think that's really what you'd have to say, holding court. They didn't move around the floor much, but the floor moved around them quite a good deal. People were coming to them with requests, with a need for help with a Bill, with questions that only they could answer. They were a very important duo in this chamber, and a very important duo for the people of the State of Illinois. Bruce was a gentleman with a wonderful southern drawl and a very… very unassuming character, not arrogant, not full of himself in any way, shape, or form. 09500252.doc 155 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 He was totally devoted to Southern Illinois University, and he had a made… made a major commitment to the agriculture industry throughout Illinois. He gave a great deal to the people during his many years of service here. He clearly gave a great deal to his family, to his friends, to his community, even after he left. So, I would ask that all Members of the House be joined to this Resolution and I, too, would offer my deepest condolences to the members of Bruce Richmond's family. And I would hope all of us when we're out this evening celebrating Toni Berrios's birthday might lift a glass to Bruce and to Monroe, as well."
"Representative Leitch."
"Thank you, Mr. Speaker. I, too, would like to express my respect for Bruce Richmond. He truly was an exceptional, exceptional gentleman. And as the prior speaker alluded, Bruce and Monroe Flynn were joined at the hip. If not in Sam's, then here. And too, that back in the day, we had what became known as… and I'm sure, Mr. Speaker, you would remember McPike's rule, where Jim McPike, when he was in the Chair on a controversial Bill, would apply McPike's rule which simply meant open for the length of time it took Bruce and Monroe to get over here from Sam's to cast the deciding vote. So I, too, one day when I was in the Chair, I recall back about 1995, held open the roll, not for Bruce and not for Monroe, but enjoyed applying McPike's rule with a different set of Republican Members. But that being said, truly, there were no finer Members in the history of the chamber I would have to say, than Bruce and Monroe Flynn. And one of my fondest 09500252.doc 156 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 memories of serving here is the experience in knowing both of them. Thank you."
"Representative Reitz."
"Thank you, Mr. Speaker. Just following up on the previous speakers. Bruce had a great and long career here in Springfield, worked well and did hold down the back row with Representative Flynn, and I was fortunate enough to work on the county level and before taking this job with both of them. And Bruce will be well remembered and I think we can all aspire to be remembered as he was, as a Legislator… Legislator. He did a great job for southern Illinois working with Ralph Dunn in our area, and I think it's the… that's the reason… one of the reasons that SIU named the incubator after them and they all did a great job representing all of our interests in southern Illinois. And just pass on our condolences to his family and Bruce will be greatly missed by all of us in the south."
"Representative Currie moves for the adoption of the Resolution. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. And the Resolution is adopted. Representative Currie now moves, that allowing for perfunctory time for the Clerk, that the House adjourn until tomorrow, Wednesday, April 16, at the hour of 10 a.m. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. The Motion is adopted, and the House stands adjourned."
"House Perfunctory Session for the regular Session will come to order. Committee Reports. Representative Flowers, Chairperson from the Committee on Health Care Availability & Access, to which the following measure/s 09500252.doc 157 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 was/were referred, action taken on April 15, 2008, reported the same back with the following recommendation/s: 'recommends be adopted' House Resolution 1000; 'do pass as amended Short Debate' House Bill 311. Representative Jakobsson, Chairperson from the Committee on Human Services, to which the following measure/s was/were referred, action taken on April 15, 2008, reported the same back with the following recommendation/s: 'recommends be adopted' House Resolution 1050, House Resolution 1067, House Resolution 1077, House Resolution 1117, and House Joint Resolution 89. Representative Smith, Chairperson from the Committee on Elementary & Secondary Education, to which the following measure/s was/were referred, action taken on April 15, 2008, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #1 to House Bill 4441 and House Resolution 1008. Representative Colvin, Chairperson from the Committee on Consumer Protection, to which the following measure/s was/were referred, action taken on April 15, 2008, reported the same back with the following recommendation/s: 'recommends be adopted' House Resolution 940. Representative Holbrook, Chairperson from the Committee on Environment & Energy, to which the following measure/s was/were referred, action taken on April 15, 2008, reported the same back with the following recommendation/s: 'recommends be adopted' is Floor Amendment #4 to House Bill 4789. Representative John Bradley, Chairperson from the Committee on Revenue, to which the following measure/s was/were referred, action taken on April 15, 2008, reported 09500252.doc 158 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 the same back with the following recommendation/s: 'do pass Short Debate' for House Bill 4548; and 'recommends be adopted' is Floor Amendment #1 to House Bill 2426. Representative D'Amico, Chairperson from the Committee on Drivers Education & Safety, to which the following measure/s was/were referred, action taken on April 15, 2008, reported the same back with the following recommendation/s: 'recommends be adopted' House Resolution 927. Representative Flowers, Chairperson from the Committee on Health Care Availability & Access, to which the following measure/s was/were referred, action taken on April 09, 2008, reported the same back with the following recommendation/s: 'recommends be adopted' House Resolution 1092. Representative Franks, Chairperson from the Committee on State Government Administration, to which the following measure/s was/were referred, action taken on April 15, 2008, reported the same back with the following recommendation/s: 'do pass Short Debate' for House Joint Resolution Constitutional Amendment #35; 'recommends be adopted' House Joint Resolution 102, House Joint Resolution 112, House Resolution 931, House Resolution 1037, House Resolution 1062, House Resolution 1131, House Resolution 1132, and Floor Amendment #1 to House Bill 5204; 'recommends be adopted as amended' is House Resolution 1048. Introduction and First Reading of House Bills. House Bill 6333, offered by Representative Mulligan, a Bill for an Act concerning government. First Reading of this House Bill. Introduction and First Reading of Senate Bills. Senate Bill 202, offered by Representative Black, a 09500252.doc 159 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 Bill for an Act concerning wildlife. Senate Bill 1900, offered by Representative Saviano, a Bill for an Act concerning insurance. Senate Bill 1945, offered by Representative Reitz, a Bill for an Act concerning warehouses. Senate Bill 1995, offered by Representative Burke, a Bill for an Act concerning revenue. Senate Bill 2028, offered by Representative Saviano, a Bill for an Act concerning regulation. Senate Bill 2149, offered by Representative Winters, a Bill for an Act concerning transportation. Senate Bill 2250, offered by Representative Brady, a Bill for an Act in relation to public employee benefits. Senate Bill 2295, offered by Representative Molaro, a Bill for an Act concerning transportation. Senate Bill 2302, offered by Representative Winters, a Bill for an Act concerning State Government. Senate Bill 2322, offered by Representative Turner, a Bill for an Act concerning liquor. Senate Bill 2365, offered by Representative Brady, a Bill for an Act concerning criminal law. Senate Bill 2394, offered by Representative Chapa LaVia, a Bill for an Act concerning public aid. Senate Bill 2415, offered by Representative Sacia, a Bill for an Act concerning state property. Senate Bill 2504 (sic-Senate Bill 2501), offered by Representative Tryon, a Bill for an Act concerning civil law. Senate Bill 2514, offered by Representative Tryon, a Bill for an Act concerning regulation. Senate Bill 2527, offered by Representative Mathias, a Bill for an Act concerning State Government. Senate Bill 2577, offered by Representative Mendoza, a Bill for an Act concerning criminal law. Senate 09500252.doc 160 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 Bill 2656, offered by Representative Feigenholtz, a Bill for an Act concerning State Government. Senate Bill 2676, offered by Representative Smith, a Bill for an Act concerning local government. Senate Bill 2713, offered by Representative Mathias, a Bill for an Act concerning transportation. Senate Bill 2827, offered by Representative Froehlich, a Bill for an Act concerning children. Senate Bill 2828, offered by Representative Soto, a Bill for an Act concerning regulation. Senate Bill 2838, offered by Representative Saviano, a Bill for an Act concerning regulation. Senate Bill 2906, offered by Representative Franks, a Bill for an Act concerning wildlife. First Reading of these Senate Bills. Committee Reports. Representative Molaro, Chairperson from the Committee on Judiciary II-Criminal Law, to which the following measure/s was/were referred, action taken on April 15, 2008, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' House Bill 4857; 'recommends be adopted' Floor Amendments 3 and 5 to House Bill 1931, Floor Amendment #1 to House Bill 2649, Floor Amendment #1 to House Bill 2862, Floor Amendment #1 to House Bill 3038, Floor Amendment #2 to House Bill 5516, House Resolution 1031 and House Resolution 1042. Correction to the Judiciary II-Criminal Law Committee Report. Floor Amendments 3 and 5 to House Bill 1831 were recommended for adoption rather than House Bill 1931. Correct Bill number is House Bill 1831, Floor Amendments 3 and 5 were approved for consideration. Introduction of Resolutions. House Resolution 1177, offered by 09500252.doc 161 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 252nd Legislative Day 4/15/2008 Representative Gordon. House Resolution 1179, offered by Representative Froehlich. House Resolution 1182, offered by Representative Meyer. House Resolution 1184, offered by Representative Hernandez. House Resolution 1185, offered by Representative Currie. And House Resolution 1187, offered by Representative Kosel. These Resolutions are referred to the House Rules Committee. Having no further business, the House Perfunctory Session will stand adjourned until Wednesday, April 16 when the House reconvenes in regular Session at 10:00 a.m." 09500252.doc 162