"Good morning, Illinois. The Illinois House of Representatives will come to order. Members and guests are asked to please be at their desks and also refrain from starting their laptops and to turn off all cell phones, pagers, BlackBerrys and rise for the invocation and the Pledge of Allegiance. Members and guests in the gallery are also asked to please rise. We shall be led in prayer today by Lee Crawford, the pastor of the Cathedral of Praise Christian Center here in Springfield. Lee Crawford."
Pastor Crawford: "Let us pray. Most gracious and most sovereign God, we come before You humbly with a spirit of thankfulness and a spirit of gratitude for the blessings that You have bestowed upon us. We, as an august Assembly, come before You leaning not on our own understanding, but we're asking that You would direct our paths. I pray Your blessings would be upon this Assembly, upon the Leader of this House. I pray for his wisdom, I pray for his… his strength, I pray for his health. I pray for each Member that is here, likewise for their wisdom, for their strength, for their health. I pray, God, that You would allow the leaders of this great state in which You've allowed us to live in… Your word said that it is, 'the earth is the Lord's and the fullness thereof.' And You've allowed us and these great men to be stewards and caretakers over what You have created. So, may they operate in a spirit of wisdom and in a spirit of willingness. I pray, as well, for the Governor of this state; I pray for the President of the Senate. I pray for 09500263.doc 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 Leader Watson. I pray for Leader Cross. I pray that there is a spirit of willingness, a spirit of compromise. I pray for each individual caucus, both in the House as well as in the Senate. I pray, Father, that there is a spirit of willingness, that there is a spirit of compromise. That decisions may be brought forth that will be of the very good of these great people that live in this great state. I draw from Your word in closing, that You said that, 'A kingdom divided cannot stand. A house divided cannot stand. A people divided cannot stand.' A caucus divided cannot stand. A Legislator (sic-Legislature) divided cannot stand. A state divided cannot stand. I pray for wisdom and a spirit of unity. This day, we ask in Your Son's name, Amen."
"We'll be led in the Pledge of Allegiance by Representative Pat Lindner."
"I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
"Roll Call for Attendance. Leader Barbara Flynn Currie."
"Thank you, Speaker. Please let the record show that Representatives: Dunkin, Flowers, Gordon, Washington, and Rich Bradley are excused today."
"Thank you, Leader. Representative Mike Bost, Republicans?" 09500263.doc 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"Thank you, Mr. Speaker. Let the record reflect that on the Republican side of the aisle Representatives: Mulligan, Stephens, Watson, and Tracy are excused today."
"Thank you, Representative. Mr. Clerk, take the record. There's 109 Members present; we have a quorum. The Chair recognizes the Gentleman from Montgomery, Representative Gary Hannig. For what purpose do you rise, Representative?"
"On a point of personal privilege, to make an announcement."
"Please proceed."
"The superintendent of the South Fork School District, Charlotte Davis, is here today. And she's brought a couple of her students, Elizabeth Henley and Weston Birchey, who are observing our work today in the gallery. So, I'd like to welcome them to Springfield."
Speaker Lyons: "Welcome to Springfield. Enjoy your day. Representative Mike Tryon, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. I rise to state a point of personal privilege."
"Please proceed, Representative."
"For many of us, today is just another rainy Thursday in May in Springfield, but for at least one of us it's a special day, a milestone, a day when they turn 50 years old. So, won't you join with me in wishing Roger Eddy a happy 50th birthday." 09500263.doc 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"Happy birthday, Roger. Many happy more and have a great year. Representative Dan Brady, for what purpose do you seek recognition?"
"Point of personal privilege, Mr. Speaker."
"Please proceed, Representative."
"To echo Representative Tryon's comments, I, too, want to join in and offer my congratulations and happy birthday wishes to my friend, to my colleague, to my seatmate, Roger Eddy, on this his… I didn't know it was his 50th, I thought it was his 40th today. But happy, happy birthday to my good friend and seatmate, Roger Eddy."
"Mr. Clerk, Committee Reports."
Clerk Bolin: "Committee Reports. Representative Currie, Chairperson from the Committee on Rules, to which the following measures and/or Joint Action Motion were referred, action taken on May 08, 2008, reported the same back with the following recommendation/s: 'direct floor for consideration' for House Resolution 1193, which is referred to the Order of Resolutions; and House Bill 2104 referred to Second Reading, and House Bill 2167 referred to Second Reading. Introduction of Resolutions. House Resolution 1276, offered by Representative Ford. House Resolution 1278, offered by Representative Munson. House Resolution 1280, offered by Representative Coulson. And House Resolution 1281, offered by Representative Cole. These Resolutions are referred to the House Rules Committee."
Speaker Lyons: "The Chair recognizes the Gentleman from Champaign, Representative Chapin Rose on the Resolution, Representative." 09500263.doc 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"Thank you, Mr. Speaker. Ladies and Gentlemen… Mr. Speaker, this is a memorial Resolution. If we could have the chamber brought to order, please?"
"Ladies and Gentlemen, if we could have your attention, this is a memorial Resolution. Staff, if I could ask you to please refrain from being on the floor for this moment."
"Thank you, Mr. Speaker."
"Representative Rose."
"Thank you. Ladies and Gentlemen, if we could… if we could have the Clerk read the Resolution and then I'll have a few brief comments."
"Mr. Clerk."
"House Resolution 1229, offered by Representative Rose. WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of United States Marine Corporal Allen Christian Roberts of Arcola, who was killed in action in Iraq on November 27, 2007; and WHEREAS, Allen Christian Roberts was born May 27, 1986 in Tuscola, the son of Ronald Allen and Jaye (Strader) Roberts; and WHEREAS, Allen Roberts was a 2004 graduate of Arcola High School, where he was on the football and basketball teams, yearbook staff, drama club, and AFS; as a youth, he was a member of the Boy Scouts; he loved cars and was an avid movie fan, knowing many of the characters and memorizing 09500263.doc 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 many of the lines from his favorite movies; and he was a member of the Walnut Grove Christian Church of Arcola; and WHEREAS, Corporal Roberts won several awards for his military service, including the Iraq Campaign Medal, Sea Service Deployment Ribbon, Global War on Terrorism Expedition Medal, Global War on Terrorism Service Medal, and the National Defense Medal; he was awarded the Navy and Marine Corps Achievement Medal posthumously; and WHEREAS, Allen Roberts was preceded in death by his paternal grandparents, Almond "Bill" and Bernadine Roberts; his maternal grandfather, Allen C. Strader; and his aunt, Nedra Meade; and WHEREAS, He is survived by his mother, Jaye Roberts; his father, Ron Roberts; his maternal grandmother, Jeanne Strader; his aunts and uncles, Joella Glenn and her husband, Jerry, Janet Nacke and her husband, Bill, Carter "Corky" Strader and his wife, Paula, Jeannine Bertsch and her husband, Rod, Joy Tuttle and her husband, Mike, Lee Roberts and his friend, Debbie Dorsey, Larry Roberts and his wife, Sherry, Jerry Roberts and his wife, Bunnie, Kenny Roberts and his wife, Kathy, and Paula Griffith and her husband, Rick; his cousins; his special friend, Katrina "Kat" Chavez; and his dogs, Jaeger and Stella; 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 passing of United States Marine Corporal Allen Christian Roberts; and be it further 09500263.doc 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 RESOLVED, That we honor the memory of Corporal Roberts and his willingness to serve our country which led to him making the ultimate sacrifice; and be it further RESOLVED, that a suitable copy of this resolution be presented to the family of Corporal Allen Christian Roberts, along with our utmost respect."
"Representative Chapin Rose."
"Thank you, Mr. Speaker. This is a very difficult thing for any Legislator to do, particularly if you're a parent yourself. But in some bizarre, odd way… I went to Corporal Roberts funeral and in some odd way I'm… I'm actually a better person for having gone. I'm a better person for knowing what type of person Allen Roberts was and how he lived his life. It… it… we just talked about all the things he was involved in. But something stuck with me at the funeral, one of his last wishes before he departed this earth was for his church back home and the community to help find toys for Iraqi children. That tells you what kind of individual this is. And I remember thinking at the funeral that we need more people like him on this earth, not less. We really do. I want, before I forget, Mr. Speaker, to ask the consent of you and the… the Body to add all Members as Sponsors of this Resolution. But also, Ladies and Gentlemen, I'd ask that we say a quick prayer for him, his family who's here in the gallery over here, his mother Jaye and his father Ron and the rest of his family. And we say a prayer for all of our soldiers and their families as well currently serving or have previously served. Thank you, Mr. Speaker. And again, I don't know 09500263.doc 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 how you do this because no amount of words can do justice. But his parents are here and his family are here and certainly our world was a better place for having Corporal Roberts with us if only for a short time. Thank you, Mr. Speaker."
"The Chair recognizes the Lady from Champaign, Representative Naomi Jakobsson."
"Thank you, Mr. Speaker. I didn't know Corporal Roberts, but I do know some of his family. I've known some of them for many years, some are neighbors of mine. But what I have been told is that Corporal Roberts, Allen, loved cars, he loved movies, he loved his church, he loved the people around him, here and in Iraq. Those were things I've been told. But what I do know from meeting his relatives, from knowing some of them, that he was loved deeply by them. Thank you."
Speaker Lyons: "We'll take a moment on behalf of Corporal Roberts. Mr. Clerk, on behalf of Representative Rose please add all Members to the Resolution. All those in favor of the adoption of the Resolution signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. The Resolution is adopted. Our prayers are with you, the Roberts family. Thank you. Mr. Clerk, the Chair… House Resolution 1193. The Chair recognizes Representative Patti Bellock, House Resolution 1193. Patti…"
"Thank you."
"…on Resolution 1193, Representative Bellock." 09500263.doc 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"Thank you very much. 1193 is just to acknowledge Fibromyalgia Awareness Day in Illinois. I'd appreciate your support."
"All those in favor of the adoption of the Resolution… House Resolution 1193 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. Thank you, Representative Bellock. Mr. Clerk, on page 18 of the Calendar, Representative Art Turner has House Bill 2248. Read the Bill, Mr. Clerk."
"House Bill 2248, a Bill for an Act concerning regulation. Third Reading of this House Bill."
Speaker Lyons: "Chair recognizes the Gentleman from Cook, Leader Art Turner."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 2248 is basically a… I would call it a technical Bill because we are cleaning up some legislation that was put into effect in January 2006, dealing with the Health Home Services and the Home Nursing Agencies Licensing Act. And basically, what this Bill does is it changes the definition of 'home nursing agencies' to include home health did services provided under the direction of a licensed nurse. And I move for the adoption of House Bill 2248."
"Is there any discussion? Seeing none, the question is, 'Should House Bill 2248 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 09500263.doc 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 Sommer. 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 Turner, it's also my understanding on page 18 of the Calendar, you have House Bill 2467 on Third Reading. Is it your wish to move that Bill back to Second Reading for the purpose of an Amendment? Clerk, what's the status of 24… House Bill 2467? Mr. Clerk, let's try another one of Representative Turner's Bills, 5032. House Bill 5032."
"House Bill 5032, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Mr. Clerk, on page 22 of the Calendar, Representative Watson has House Bill 5493. 5493. The Chair… the Chair recognizes Representative Bill Black."
"House Bill 5493, a Bill for an Act concerning education. Third Reading of this House Bill."
"The Gentleman from Vermilion, Representative Bill Black."
"Yes, thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. It's a privilege for me to carry this Bill for Representative Jim Watson. It got out of the Higher Education Committee unanimously and it was quite an experience to see this Bill presented in sign language. What this Bill does is to require public universities and colleges in Illinois to accept American sign language when considering a foreign language requirement as part of a 09500263.doc 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 high school course work. And that's all it does. I think it's straightforward and simple. I'll be glad to answer any questions you have."
"Is there any discussion? The Chair recognizes the Gentleman from Cook, Representative Kevin McCarthy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative Black?"
"Yes, Sir."
"Representative?"
"Yes, Sir."
Speaker Lyons: "No one further seeking recognition, the question is, 'Should House Bill 5493 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Jim Meyer? Mr. Clerk, take the record. On this Bill, there's 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 19 of the Calendar, Representative Jim Watson has House Bill 4370. I believe this Bill will be carried by Representative Gary Hannig. Chair recognizes the Gentleman from Montgomery, Representative Gary Hannig on House Bill 4370."
"House Bill 4370, a Bill for an Act concerning government. Third Reading of this House Bill."
"Representative Hannig."
"Thank you, Mr. Speaker and Members of the House. This Bill as well is an initiative of our colleague, 09500263.doc 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 Representative Jim Watson. He asked me if I would work with him on this Bill before he was sent off to Iraq and of course I told him I would do my best to move it along as we go forward in his absence. The Bill deals with mentoring and I might add that Representative Watson is a mentor in his private life and that he has done this for a number of years and… and I think had a positive influence on a number of young people in his part of the state. What this Bill would provide is that it would actually set up a process whereby employees of the State of Illinois who wish to engage in mentoring programs could actually be able to show that they've met the qualifications and then ask the state agency if they, if the agency chooses to participate, to have unpaid time off for the purposes of providing mentoring to young people around the State of Illinois. So, the state agency does not have to participate. The state agency has every opportunity to say no to people who ask for time out… or time off at times when it's… it's not appropriate for the agency to grant that time off. The people themselves who sign up to be mentors have to demonstrate that they've been in a mentoring program as a mentor for at least one year. So, we've tried to set up the safeguards to ensure that the program will work well. And I'm convinced that what we have here is a good solid piece of legislation. I'd be happy to answer any questions and I'd ask for your 'yes' vote."
"Is there any discussion? Seeing none, the question is, 'Should House Bill 4370 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. 09500263.doc 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Dugan and Golar? 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. The Chair recognizes the Lady from Cook, Representative Monique Davis. For what purpose do you rise, Representative?" Davis, M.: "I rise for a point of personal privilege, Mr. Speaker."
"Please proceed, Representative." Davis, M.: "Mr. Speaker, in the gallery we have two (2) groups. One group is called COFI, C-O-F-I; Ms. Ellen Schumer is the director. And the other group is Power Point; they're in orange. Ladies and Gentlemen, stand up. These are parents with their children who support education. Mr. Speaker, I have a Resolution to read to them. They're represent… these parents represent Mary Flowers' district; these are Mary's groups. Cynthia Soto groups. Ms. Graham, Representative Graham's group. Representative Ford's group. And they're looking so beautiful in their orange. So, to all of these mothers we say, 'Whereas Mothers Day is celebrated nationally on Sunday, May 11, and whereas every mother wants her child to succeed and whereas a child's parents are those with the same and most experience when it comes to the needs of the child and whereas every day, mothers and grandmothers stand up for the rights of their children and grandchildren as advocates for their needs. And whereas many of these parents and grandparents came to 09500263.doc 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 the State of Illinois to advocate on behalf of legislation that supports their children's rights. Therefore, be it resolved by the House of Representatives of the 95th General Assembly in the State of Illinois that we designate Thursday, May 8, 2008, as 'Moms on a Mission Day' in the State of Illinois, to honor the mothers, grandmothers and their families who are standing up for their children's rights. And be it further resolved, that today we join them in their efforts. And one of their main concerns is recess in the schools for their children. God Bless you and thank you."
"Let's have a warm welcome for all our guests in the gallery. Welcome to Springfield, Ladies. Glad to have you here, thank you for coming down. Mr. Clerk, on page 17 of the Calendar, Representative John Bradley has House Bill 562. Read the Bill, Mr. Clerk."
"House Bill 562, a Bill for an Act concerning public employee benefits. Third Reading of this House Bill."
"Representative John Bradley, you have House Bill 562. Representative? Representative John Bradley? We've read the Bill. We're… we're ready for you to give the presentation, Representative. The Chair recognizes the Gentleman from Williamson, Representative John Bradley." Bradley, J.: "Hello? My light's not on. This is a Bill that we've been working on for a while and what it would do, it would encourage the pension systems to invest in Illinois opportunities where it won't have a detrimental effect on the… on the overall viability and return on the pension 09500263.doc 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 programs. This was worked through with the pension programs and with the firms that they use to administer the funds there. I think this is an important piece of legislation. The language, as far as I know, is agreed to and I ask for an 'aye' vote."
"Is there any discussion on House Bill 562? Seeing none, the question is, 'Should House Bill 562 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 Leitch, David. Mr. Clerk, take the record. On this Bill, 109 Members are voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 19 of the Calendar, Representative Bill Black has House Bill 4172. Read the Bill, Mr. Clerk."
"House Bill 4172, a Bill for an Act concerning safety. Third Reading of this House Bill."
"Representative Black, do you want us to move that back to Second?"
"Yes, thank… thank you very much, Mr. Speaker."
"Move that back to Second Reading…"
" It needs to go back to Second for Amendment #3."
"…for purpose of Amendment. Representative Black on the Amendment. Representative Black."
"Thank you very much, Ladies and Gentlemen of the House. Floor Amendment #2 we are not adding to the Bill. Floor Amendment #3 simply adds to the Bill, as amended, by committee… Amendment #1. And it has to do with limiting 09500263.doc 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 the authority of the rulemaking process by the Illinois Environmental Protection Agency. This was drafted by Democrat staff. The people who support the Bill have no problems with the Amendment; I have no problems with the Amendment. I'd ask for your favorable consideration."
"Is there any discussion on Floor Amendment #3? Seeing none, all those in favor of the adoption of the Amendment 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. Read the Bill, Mr. Clerk."
"House Bill 4172, a Bill for an Act concerning safety. Third Reading of this House Bill."
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. This Bill was introduced in response to a… a long-standing dispute in my district regarding how you dump fly ash, which is a by-product of a coal generation plant in which they burn coal. They were filling in a ravine in an unincorporated area of Vermilion County and we found that the rules were not being enforced and that there were just too many weaknesses in how you dispose of fly ash from a coal generating power plant. This will outline that coal combustion waste can be used as structural fill, but it does impose a time limit on how long you can do this. And it makes very clear that you have to cover this waste with twelve (12) inches of soil at 09500263.doc 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 the end of your permit to dispose of the waste. I think it's a Bill that is long overdue. I'll be glad to answer any questions you have."
"Is there any discussion? Seeing none, the question is, 'Should House Bill 4172 pass?' All those in favor signify by voting 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Riley. Mr. Clerk, take the record. On this Bill, 109 Members are voting 'yes'; 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 18 of the Calendar, Representative Brady has… Representative Dan Brady on the floor? We'll move down to… on page 23 of the Calendar, Representative Rich Brauer has House Bill 5621. Out of the record. Mr. Clerk, on page 18 of the Calendar… Representative Don Moffitt? Mr. Clerk, on page 18 of the Calendar, Representative Moffitt has House Bill 2819. Read the Bill, Mr. Clerk."
"House Bill 2819, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"The Chair recognizes the Gentleman from Knox, Representative Don Moffitt."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2819 is to exempt outdoor facilities owned and operated by a municipality, gives them the same exemption on the requirements for the AEDs as what the park districts have. And I want to point out that in committee the Heart Association said they thought they would have an 09500263.doc 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 Amendment, we agreed to hold it until that Amendment came. I talked to them yesterday and they said, go ahead. If they got an Amendment, they'd put it on in the Senate. They were not ready, but they did not want the legislation held up. We exempted park districts. This gives your municipal park districts the same exemption. Be happy to entertain any questions."
Speaker Lyons: "Chair recognizes the Lady from Lake, Representative JoAnn Osmond."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I don't understand, why are they asking for an exemption?"
"The legislation that was passed requiring AEDs at various facilities would have required an AED outside and unattended areas. The park districts came in with House Bill 20… or excuse me, 1279 that exempted that. If you have an area that's not… it doesn't have a building, you don't have a staff there, it's going to be difficult to provide a…"
"So, in other words, it's like a baseball field or something like that, that there's no place to put this AED?"
"Right. There'd be no place to put it, couldn't be protected, couldn't be kept safe, no staff there, an unstaffed area. That's what we did for the park districts and we're saying the same thing for municipalities… municipal parks."
"All right. Thank you." 09500263.doc 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
Speaker Lyons: "Any further discussion? Seeing none, the question is, 'Should House Bill 2819 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 McCarthy. Mr. Clerk, take the record. On this Bill, there are 94 Members voting 'yes', 14 Members voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, back on page 18 of the Calendar, Representative Brady has House Bill 4127. Read the Bill, Mr. Clerk."
"House Bill 4127, a Bill for an Act concerning government. Third Reading of this House Bill."
"The Chair recognizes the Gentleman from McLean, Representative Dan Brady."
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4127 was brought to me by students in my district in Oakland School in Bloomington, Illinois. And simply would amend the State Commemorative Dates Act, designating February 5 of each year as Adlai Stevenson Day to honor and remember the public service of Adlai Stevenson II. And I'd be happy to answer any questions."
Speaker Lyons: "There any discussion? Seeing none, the question is, 'Should House Bill 4127 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 Mautino. Mr. Clerk, take the record. On this Bill, there 09500263.doc 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 are 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 19 of the Calendar, Representative Sid Mathias has House Bill 4266. Read the Bill, Mr. Clerk."
"House Bill 4266, a Bill for an Act concerning education. Third Reading of this House Bill."
"The Chair recognizes the Gentleman from Lake, Representative Sid Mathias."
"Thank you, Mr. Speaker. If you would… I'm sure everybody remembers last year's budget proceedings and that it took many, many months to finally pass a budget and then it took many, many more months to get a 'bimp' Bill passed. In the meantime, while we waited for our Leaders in both Houses and the Governor to finally sign into law the budget and the 'bimp' Bill, our school districts had to go out and borrow money because the funds that they were going to receive under the new budget did not come in time. House Bill 4266 reimburses them for the lost interest. It is, at this stage, subject to appropriation. And the State Board of Education worked very closely with us to come up with a formula. So, they've removed… basically they're still objecting because the Bill contains the… Amendment #1 dealing with agency rulemaking, but otherwise, they are neutral on the Bill and have been very instrumental in helping us find the calculations for all of our school districts. This passed unanimously in committee and I ask for your 'aye' vote." 09500263.doc 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"Is there any discussion? Seeing none, the question is, 'Should House Bill 4266 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 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes the Lady from Lake, Representative Sandy Cole. For what purpose do you seek recognition, Representative?"
"Thank you, Mr. Speaker. Point of personal privilege, please?"
"Please proceed, Representative."
"In the gallery today I'd like to introduce a group of students from my children's Consolidated School District #46, Graeyslake Middle School. Please join me in welcoming them here today."
"Welcome to Springfield. Enjoy your day. Thank you, Representative. Mr. Clerk, on page 18 of the Calendar, Representative Monique Davis has House Bill 2212. Read the Bill, Mr. Clerk."
"House Bill 2212, a Bill for an Act concerning education. Third Reading of this House Bill."
Speaker Lyons: "Chair recognizes the Lady from Cook, Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. House Bill 2212 is legislation that will allow a parent of a child who dies or is killed in the City of Chicago, will allow that parent to 09500263.doc 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 remain on the local school council. We had an incident as I explained yesterday in which a parent's child, Blair Holt, was killed and the parent did and wanted to remain on the council. And that person would simply remain on the council until a new election occurs. And I will answer questions. And I ask for you favorable vote."
"Is there any discussion? Seeing none, the question is, 'Should House Bill 2212 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 Karen May. Mr. Clerk, take the record. On this Bill, there's 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 23 of the Calendar, Representative Ruth Munson has House Bill 5950. Read the Bill, Mr. Clerk."
"House Bill 5950, a Bill for an Act concerning health. Third Reading of this House Bill."
Speaker Lyons: "Chair recognizes the Lady from Cook, Representative Ruth Munson."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 5950 creates a Eldercise Fitness Web site that will help to get older individuals engaged in physical activity. I'd ask for your 'aye' vote."
"Is there any discussion? Seeing none, the question is, 'Should House Bill 5950 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all 09500263.doc 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 voted who wish? Mr. Clerk, take the record. On this Bill, 109 Members voted 'yes', 0 voted 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 19 of the Calendar, Representative Bob Flider has House Bill 4198. Out of the record. Mr. Clerk, on page 19 of the Calendar, Representative Naomi Jakobsson has House Bill 4158. Read the Bill, Mr. Clerk."
"House Bill 4158, a Bill for an Act concerning appropriations. Third Reading of this House Bill."
Speaker Lyons: "Chair recognizes the Lady from Champaign, Representative Naomi Jakobsson."
"Thank you, Mr. Speaker. House Bill 4158 increases certain appropriations to the Department of Natural Resources. The increases are applied to the State Geological Survey and the State Natural History Survey. These increases will restore funds that were previously vetoed. And specifically, the funds include line items from the State Natural History Survey's optional… operational budget. And also from DNR's FutureGen Program as well as other carbon sequestering experiments throughout the… through the State Geological Survey. Ladies and Gentlemen of the House, I urge an 'aye' vote, please."
Speaker Lyons: "Any discussion? The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, you… can you be more specific as to what the increase will fund that was vetoed or reduced by the 09500263.doc 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 Governor? What specific… what specific activities will this appropriation fund?"
"For the State Geological Survey: personal services, three hundred and fifty thousand dollars ($350,000); contractual services, a hundred thousand (100,000); equipment, a hundred thousand (100,000). For the State Natural History Survey contractual services, fifty-one thousand, eight hundred (51,800)."
"Mr. Speaker, I couldn't hear… I honestly couldn't hear what she said and I…"
"Ladies and Gentlemen, could I ask you please to bring the noise level on the floor down just a bit so we can hear the discussion on the floor?"
"By the way, Mr. Speaker…"
"Thank you."
"…a Representative has stated that the possible hearing deficiency could have to do with the fact that I've had a birthday. Now, I don't… I don't think that's the case, but I'll take it under advisement. It's maybe step one in the downslide."
"Fifty is fifty, Roger."
"Yeah, yeah. Thank you. Now, Beth Coulson says, fifty's the new thirty. Representative, could you go through that again? Maybe I can hear the numbers this time."
"Yes. Representative, I'd be happy to do that now that you're fifty and we have to make sure that we speak up to you Gentleman, especially, who…"
"Thank you." 09500263.doc 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"…turn these ages. Anyway, for the State Geological Survey: personal services, three hundred and fifty thousand (350,000); contractual services, one hundred thousand (100,000); equipment, one hundred thousand (100,000). For the State Natural History Survey contractual services, fifty-one thousand, eight hundred dollars ($51,800)."
"Did… do you have any explanation from the Governor's Office regarding why those numbers were reduced? What was the… was there a justification? Did he not like the program? Was… was it for a specific project that is no longer being… was there any explanation of the appropriation reduction?"
"Representative, there wasn't any explanation that I know of. The surveys have, in the past several years, not been treated well in their budgets. And so this was just another time when something was vetoed from the surveys."
"And… and this is obviously something that's important to you for a specific project or just the overall good of the Geological Survey and Natural History Survey. Did they contact you concerned about this?"
"I don't think they contacted me in particular on these. I am in touch with the… the chiefs of the surveys on a fairly regular basis. They are located on the campus of the university. So…"
"Okay."
"…you know, I do keep in touch with them. But these people do important work throughout the state. They're known across the country for the good work that they do. 09500263.doc 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 And it's just really important that they get the funds that are needed."
"Well, you… you… the other thing you mentioned that I thought I heard had to do with FutureGen. Is that… was that something that came up in your description earlier?"
"Well, the Natural History Survey did a lot of work for FutureGen. You know, they're the ones who did a lot of the work that went into that and making sure that we were able to get… make the progress that we did make in… for the State of Illinois and for Mattoon."
"Okay. I appreciate that. Thank you, Representative."
"Thank you."
"Chair recognizes the Gentleman from Iroquois, Representative Shane Cultra."
"To the Bill."
"To the Bill."
"The Mahomet aquifer is one of the most important underwater reservoirs in my area, in fact, in the state. And there's never been a study as to how much water is being taken out of the aquifer or as to how much water is really there. And so, it's important that the Geological Survey is funded properly so that this study may be continued. With the increase of ethanol plants, which will be using millions of gallons of water, it's something that needs to be done. And so I rise in strong support of this Bill. Thank you."
"Chair recognizes the Gentleman from DeKalb, Representative Bob Pritchard." 09500263.doc 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"Thank you, Mr. Speaker. Would the Sponsor yield, please?"
"Sponsor yields."
"Representative, roughly, how many dollars are we talking about in this appropriation?"
"I'm sorry, how many what?"
"Dollars?"
"For the Geological Survey, five hundred and fifty thousand dollars ($550,000); for the Natural History Survey, fifty one thousand, eight hundred (51,800). So, that's just slightly more than six hundred thousand (600,000)."
"Somewhere around six hundred thousand dollars ($600,000) then?"
"Yes."
"A relatively small amount for the size budget that we're dealing with, some sixty-six billion dollars ($66,000,000,000). But as we get close to the end of the fiscal year, we continue to get messages from the Governor's Office that there isn't any available cash left in the bank. How do you intend to come up with this kind of money out of General Revenue, if, in fact, the Governor's right, there isn't any money there?"
"You know, this is some of what he vetoed in the budget and I think it's important to put it back. I know that he's, you know, trying to cut funds. We hear about higher education, we hear about K through 12. These are all important things. I think the Governor needs to live 09500263.doc 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 up to his responsibility and make sure that funds are going where they belong."
"Well, if you would like to deliver that message to the Governor I'd be happy to go with you. I… so in other words, this was in the budget that we appropriated, what, in January, when it finally became law? So, in other words, you feel that items that were in that approved budget are things that ought to be funded and we ought to continue to support, is that correct?"
"That is correct. And especially when it comes to the surveys and the important work that they do. They… they can't go unrecognized, expect to do their work and not be funded for it."
"Yes. Well, I certainly am aware of what the Geologic Survey does and support their efforts. And I'm happy to support your Bill. I hope that you will also support us, though, as we have other issues coming before the Legislature dealing with budgeted items and whether we ought to now rescind those budgeted items or continue to support what we all agreed to and passed out of this chamber in… in January. So, I would urge everyone's support for the Lady's Bill. Thank you."
"The Chair recognizes the Gentleman from Cook, Representative Harry Osterman."
"Thank you, Mr. Speaker. To the Bill. I, also, stand in support of the Bill. It's important that we fund DNR for these programs, specifically the Geological Survey. I will also, though, echo as we move through the budget process I would hope that funds that go to appropriate 09500263.doc 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 positions within DNR are filled. Illinois is one of… Illinois is the only state in the country that is not getting money from the Coastal Zone Management Program. And part of that is a delay in the application process to the Federal Government due to lack of staffing and lack of focus by the administration. So, as we look to help DNR, we would hope that those things that are important to Members of this Body that they work to help us get those initiatives passed."
"Representative Jakobsson to close."
"Thank you, Mr. Speaker. I urge an 'aye' vote."
"The question is, 'Should House Bill 4158 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 Durkin. Jim Durkin. Mr. Clerk, take the record. On this Bill there's 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes the Gentleman from Cook, Representative Will Davis on a point of personal privilege. Proceed, Representative." Davis, W.: "Thank you very much, Mr. Speaker. Ladies and Gentlemen of the House, standing behind me in the gallery along the wall are students from Lincoln Elementary School in Dalton, Illinois, District 148. Would you please give them a great round of applause for coming down to visit us today in Springfield. Thank you very much." 09500263.doc 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"Welcome to Springfield. Chair recognizes the Lady from Cook, Representative Esther Golar. Representative, for what purpose do you seek recognition?"
"Point of personal privilege, Mr. Speaker."
"Please proceed, Representative."
"Thank you. On behalf of my district mate, Representative Ken Dunkin, we have a school from his district today with about a hundred (100) students, Wendell Phillips to my… to my right here. If we could give them a hearty welcome. Wendell Phillips. Thank you."
"Welcome to Springfield. Enjoy your day. Mr. Clerk, on page 19 of the Calendar, Representative Sandy Pihos has House Bill 4319. Read the Bill, Mr. Clerk."
"House Bill 4319, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
Speaker Lyons: "Chair recognizes the Lady from DuPage, Representative Sandy Pihos."
"Thank you, Mr. Speaker and Members of the House. This Bill provides that it's not a defense to predatory criminal sexual assault of a child that the accused believed the victim to be thirteen (13) years or older at the time of the offense. And the state does not have to prove that the accused knew the victim of the offense was under thirteen (13) years of age. I'd be happy to answer any questions."
"Is there any discussion? Seeing none, the question… The Chair recognizes the Gentleman from Cook, Representative Bob Molaro."
"I'm not going to make a big deal out of this, 'cause we already passed and we're going to move it. It just… I… 09500263.doc 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 well, you know, how I feel about this. I just don't like the idea that somebody can't give the defense, that's all. We're saying in this Bill that it's no longer a defense, correct?"
"It's removing it as an affirmative defense, that's correct."
"I'm sorry, could you say that again?"
"You can't hear?"
"Yeah. I didn't hear her…"
"It's… it's removing it as an affirmative defense."
"Right. And… so everybody that's… I mean, you could vote for this and I'm not stopping criminal Bills anymore, I kind of gave up on it. But the thing is of course, that it's always been in the law that if someone has sex with underage, that at least he's able to say, hey, I thought she was seventeen (17), sixteen (16) whatever… whatever it is, that would make it legal. And basically, we're taking that away. And I just don't know why we would, because most of all, when you have here, and under the age of thirteen (13) at the time. Right? Well, someone's thirteen (13) and she comes to testify and I go, hey, I thought she was nineteen (19). It's not going to hold water and I'm going to be convicted. But I don't think that we should preclude somebody from saying that and saying, hey she showed me an ID, we started talking she told me she's a high school senior and these are the classes. By this Bill, we're taking all of that away. And I… I just don't think we should." 09500263.doc 31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"Of course, this would be for twelve (12) year olds and younger."
"Yeah, I know. I know."
"Yeah."
"So, that's why I'm not… I just don't like taking it away. I just wish we can have the defense there, which would probably never be used. So, that's why I'm not in strong opposition to the Bill."
"Thank you."
"Representative Pihos to close."
"Yes, I would urge an 'aye' vote on House Bill 4319."
"The question is, 'Should House Bill 4319 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 Fritchey. Mr. Clerk, take the record. On this Bill, there are 108 Members voting 'yes', 1 Member voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Chair recognizes Representative Mike Bost. For what purpose do you seek recognition, Representative?"
"Thank you, Mr. Speaker. For a point of personal privilege."
"Please proceed."
"Thank you, Mr. Speaker, Members of the House. If you would, in the gallery with us is a group of school children from Cobden, Illinois. If you'd just like to welcome them and they're right here on the right. The home of the…" 09500263.doc 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"Welcome to Springfield. Enjoy your day. Mr. Clerk, on page 22 of the Calendar, Representative Tom Holbrook has House Bill 5159. Read the Bill, Mr. Clerk."
"House Bill 5159, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Chair recognizes the Gentleman from St. Clair, Representative Tom Holbrook."
"Thank you, Speaker. House Bill 5159, as amended, allows for oversight of railroad police. Right now they're the only sworn officers in the state that have no oversight. It sets a provision up where the Law Enforcement Training and Standards Boards will approve their policies. It also sets up, if there are complaints, that the State Police will review them and they may either uphold, overturn, or modify their decisions and file their recommendations with the ICC. I'll be glad to take any questions."
"Is there any discussion? Seeing none, the question is, 'Should House Bill 5159 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 Lang, Durkin. Mr. Clerk, take the record. On this Bill, there are 91 Members voting 'yes', 17 voting Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 23 of the Calendar, Representative Ron Wait has House Bill 5908. Read the Bill, Mr. Clerk." 09500263.doc 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"House Bill 5908, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
Speaker Lyons: "Chair recognizes the Gentleman from Boone, Representative Ron Wait."
"Thank you, Mr. Speaker. Yeah, House Bill 5908 simply would allow the victims in the case of parole to have more say in this. This is an agreed to Bill both in the Senate and the House. And this would provide more opportunity for the victims to have a say in the parole. There's only about two hundred (200) prisoners that are left that would be… apply to this."
"Is there any discussion? Seeing none, the question is 'Should House Bill 5908 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 Younge. Representative Joe Dunn. Mr. Clerk, take the record. On this Bill, there's 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Chair recognizes the Gentleman from Champaign, Representative Chapin Rose, for what purpose do you seek recognition?"
"To speak on the last Bill. Never mind."
"Thank you, Mr. Rose. Mr. Clerk, Representative Toni Berrios has House Bill 5687. Read the Bill, Mr. Clerk."
"House Bill 5687, a Bill for an Act concerning criminal law. Third Reading of this House Bill." 09500263.doc 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
Speaker Lyons: "Chair recognizes the Lady from Cook, Representative Toni Berrios."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 5687 creates the Child Protection Act of 2008. This Bill prohibits sex offenders from having contact with minors using electronic communications. It prohibits the sending of harmful materials to minors via electronic communications and it prohibits the sending of a public conveyance ticket to a minor for an unlawful purpose. Lately, there have been many cases where adult sex offenders knowingly solicit minors via the Internet or other electronic communications. Cook County has had a little over four hundred (400) people they've arrested so far. We would like to give law enforcement more tools to crack down on this kind of predator. Thank you."
"Is there any discussion? Seeing none, the question is, 'Should House Bill 5687 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 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Committee Report."
Clerk Bolin: "Representative Currie, Chairperson from the Committee on Rules, to which the following measure was referred, action taken on May 08, 2008, reported the same back with the following recommendation/s: 'direct floor consideration' for Amendment #1 to House Bill 6334." 09500263.doc 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"Mr. Clerk, what's the status of House Bill 6334?"
"House Bill 6334 is on the Order of House Bills- Third Reading."
"Well move that Bill back to Second Reading for the purpose of the Amendment. Chair recognizes the Lady from Kankakee, Representative Lisa Dugan on Amendment #1 to House Bill 6334. Representative Dugan."
"Thank you, Speaker. Amendment… Floor Amendment #1, what that does is remove the part of the Bill that dealt with releasing of the funds for the University of Illinois extension and the water and soil conservation districts. I was in contact this morning with water and soil conservation districts and the U of I. And it seems as though the paperwork has been processed and they are assured as best we can that the money is going to be released. So, there would be no reason to keep that part in the Bill. So, Amendment #1 just removes that part out of the Bill."
Speaker Lyons: "Is there any discussion on the Amendment? Seeing none, all those in favor of the adoption of Amendment #1 to House Bill 6334 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment 1 is adopted. Anything further, Mr. Clerk?"
"No further Amendments, but a balanced budget note has been requested on the Bill as amended and has not been filed." 09500263.doc 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"The Bill will remain on Second Reading. Mr. Clerk, Representative Collins has House Bill 5343. Read the Bill, Mr. Clerk."
"House Bill 5343, a Bill for an Act in relation to minors. Third Reading of this House Bill."
Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Annazette Collins."
"Yes, thank you, Mr. Speaker. We ask that… that we pass House Bill 5343; it's Redeploy Illinois. And what the Bill does is that Redeploy Illinois was established in 2003 to create financial incentives to keep nonviolent youth in the community rather than commit them to the Department of Children and Family Services. During the first two (2) years of implementation an average… on average the four (4) Redeploy Illinois pilot sites reduced commitment to the Illinois Department of Juvenile Justice by 44 percent within their community it's up two hundred and twenty-six (226) fewer youth. So, we're asking that we expand the program. And the pilot pro… we removed the pilot program language for Redeploy Illinois, allow Redeploy Illinois's Oversight Board to set aside a small amount of the appropriations to be used for less populous communities to set up community-based services for a limited number of youth as an alternative to commitment to the Department of Juvenile Justice. And the Bill also clarifies the membership of the oversight board to reflect a public and private collaboration. So, we ask for an 'aye' vote."
"Is there any discussion? The Chair recognizes the Gentleman from Vermilion, Representative Bill Black." 09500263.doc 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, it's my understanding that Committee Amendment #1 becomes the Bill, is that correct?"
"Yes."
"All right. So, I'm going to assume as I scroll through this, all the references to juveniles under the age of eighteen (18) being referred to the juvenile authorities that's no longer in this Bill, correct?"
"No."
"Okay. Thank you very much."
"The Chair recognizes the Gentleman from Knox, Representative Don Moffitt."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, just to double check to be sure here. There were… initially there were quite a few opponents to this legislation. With your Amendment, has that removed all the opposition?"
"Yes."
"'Cause I think AFSCME was opposed and Sheriffs' Association, but they're all neither neutral or proponents now?"
"Yes."
"Thank you."
"There are no opponents."
"Thank you."
"Representative Collins to close." 09500263.doc 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"All right. We just ask for your 'aye' vote. Thank you."
"The question is, 'Should House Bill 5343 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Jim Sacia. The vote… Mr. Clerk, take the record. On this Bill there's 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 21 of the Calendar, Representative Frank Mautino has House Bill 4808. Representative Mautino. Read… read the Bill, Mr. Clerk."
Clerk Bolin: "House Bill 4808, a Bill for an Act making appropriations. Third Reading of this House Bill."
"Chair recognizes the Gentleman from Bureau, Representative Frank Mautino."
"Thank you much, Mr. Speaker. And I believe, just checking with the Clerk, has the Amendment been placed on this Bill?"
"Status of the Bill, Mr. Clerk?"
Clerk Bolin: "One Amendment has been adopted. Committee Amendment #1 was adopted."
"Okay. Thank you. The… I was just looking at our… our screens here and it had the… the old Bill. What this Bill does now… it is an appropriation Bill, but it's not the normal form of appropriation Bill. This appropriates a hundred and fifty thousand dollars ($150,000), and it's not on my screen, but basically to the Village of Magnolia, Illinois. The Magnolia appropriation is from a couple of 09500263.doc 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 years ago. And it is one of the Bills that is stuck in the reappropriation, we haven't passed them. So, there's about four hundred and thirty million dollars ($430,000,000) worth of projects which cities have gone ahead and built. They've paid it, but the moneys haven't been released, not because the money isn't there, it's because the money doesn't have appropriation authority. Some of you Members may want to… to look at some of the reappropriations that are out there because the only option left to our cities, and in this case it's the Village of Magnolia. It says Oglesby, but the Village of Magnolia got half of their water system put together and since we didn't have the authority to pay them any more money, the contractor actually left. And left the water system disassembled until the mayor and our good Treasurer, Alexi Giannoulias structured a short-term loan for the city. The city actually has no income or industries, there's one tavern there and a post office. So, they have no money to go and… and to pay this hundred and thirty thousand dollar ($130,000) balance. So, my other option is to go back to the city council meeting and tell the folks in Magnolia, who put in a water system because they were told to by the Illinois Environmental Protection Agency, that they must now sue the state and go to the Court of Claims and for any of you who have projects in this reapprop situation, when the grant agreement is up you may go to the Court of Claims. And since there's a fund of four hundred and fifty million dollars ($450,000,000) sitting there, we do not have to appropriate it. They send an order and DCEO will 09500263.doc 40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 pay it. So, barring that happening, I've put in a new appropriation here. But my real hope is that we'll take action on the reappropriations so these cities and it… you know, the Chicago Park District is sitting on twenty million (20,000,000) that is owed to them and their grant dates are coming up. All throughout the state there are these items where we have appropriated the money, it is in the fund, it is at the agency. So, I ask for your support on this Bill and I would ask that some of the Members who have reapprops that are stuck, maybe do this because these cities are taking out loans to pay things they've built because we've asked them to build them and now their loans are coming due. You got two (2) options, go to Court of Claims or reapprop the money. I would hope that would happen, I would hope our Leaders would go ahead and do that. Failing them not, I ask the other Members to support this Bill for the Village of Magnolia. And I know you all have them, as well."
"Is there any discussion? Chair recognizes the Gentleman from Cook, Representative Kevin McCarthy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, the… the analysis talks about 2.3 million (2,300,000), but when the Bill was amended by Amendment #1, which has been adopted, correctly?"
"Yes. The 2.3 million (2,300,000) was a request from the Village of Oglesby. If we were ever to get a capital Bill they wanted to let it know that they had some needs for some crumbling infrastructure there and would like to 09500263.doc 41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 do that. I used this as a home to bring up the point of the reapprops."
"Okay."
"And so, I zeroed out the 2.3 (2,300,000) and maybe some day we can help them, but I think right now we ought to help the people that we've promised things to."
"Is this… this…"
"Every Member in here has them."
"Okay. Was this the exact amount of the original appropriation?"
"The original appropriation for this, that we still owe them, is one hundred and thirty (130,000), this is for a hundred and fifty (150,000). The reason for the hundred and fifty (150,000) on here is even though the Treasurer gave him a very low interest rate, the Court of Claims cannot pay interest. They can only pay the amount of money exactly allocated. So, if we go ahead and pay the balance of a hundred and thirty thousand (130,000) the city would owe somewhere north of that, I think they charged them 3 percent interest, which was good of our Treasurer to do and I thank him for stepping forward. But basically, that's the extra money. I put it in there figuring it'll take a year and a half to do it this way."
"But was a hundred thirty thousand (130,000) the total of it or was that the…"
"No, that's… that's…"
"…final payment due?"
"…the balance. We made a sixty (60)… we made a sixty (60)… a sixty-five thousand dollar ($65,000) payment to 09500263.doc 42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 them on the total project. And the contractors came to site and then they put in… it was arsenic removal system and they disassembled the entire water system to this town that has one hundred and fourteen (114) water meters."
"Okay."
"And so at the end of the day, I talked with DCEO and tried to find them some payments, but there's a hundred and thirty thousand dollar ($130,000) balance. The contractor came back to the site. It took me about a day going through this with the contractor to get him to come in and rehook up the water for these hundred and fourteen (114) houses. And the Treasurer's Office, within two (2) days, worked out a loan agreement so that the city council could have a special meeting and then go to the bank and the bank would give them the money to pay the balance for what we owed them."
"Okay. So, this…"
"Which is insane."
"…about a hundred and ninety-five thousand (195,000), the the original appropriation, but only like one-third of it was paid off, basically?"
"Correct. It was a two hundred thousand dollar ($200,000) appropriation, I believe sixty-five thousand (65,000) was paid and the only reason the rest of them weren't paid is because the work had only progressed through sixty-five thousand dollars ($65,000) worth of entitlement to the contractor."
"Okay." 09500263.doc 43 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"And then there was a cutoff in July date, that if you didn't have your Bills in by that date then there was no more appropriation authority."
"And is this something that might have been appropriated like in FY07 first?"
"Yes."
"Okay. And then when we passed FY08's budget it wasn't in there, but…"
"We did not have the appropriations in there. And that's what I've been working on since… since we passed last year's budget. Representative Hoffman had a Bill which actually has all the appropriations in it under the reapprop, that was available last year. And to those who are on that list now, when their grant agreement comes up then they can go to court, but why should they have to…"
"Okay."
"…when we can actually do this…"
"But the people…"
"…within the next few weeks."
"Some people think of that… that was part of an agreement on the budget and some people think it was just an oversight. Do you know what is true?"
"What I know…"
"As far as why they weren't reappropriated, you know?"
"There was a Bill which was in the House and a House Bill passed that had them as well. And it was… it was entirely… the reapprops were tied up and became a major subject in the overtime Session negotiations, because there 09500263.doc 44 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 were other projects from years pack… passed that other Members are entitled to that they didn't get and their cities still owe money for."
"Okay."
"So, it's… it's part of this whole convoluted mess…"
"Right."
"…that we have dragged in. A lot of communities performed great collateral damage on things that they should not have to go through…"
"Okay."
"…or bills they shouldn't have to pay."
"I thank you for your… your work on it. And you seem to know more about this than just about anybody in the chamber. But the last thing is, one of the statements you made is that this money is there they just need the authority to appropriate it, but the Comptroller comes out with statements like, we have no money to pay off anything. I mean is there actually in the bank somewhere this money? Because I always hear that and I always think, we'll that's not true because would be paying our… our Medicaid doctors if they said they had the money."
"There are a lot…"
"I can't imagine that there's actually a secret fund somewhere."
"…there are… it's not secret funds. When we designed the budgets they were designed with lump sums. There's a four hundred and fifty million dollar ($450,000,000) lump sum sitting in… with… that is available to be accessed by 09500263.doc 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 the Department of Commerce and Community Affairs. If the auth…"
"Kevin, your 5 minutes is up. But Frank, if you'd finish your answer and then we can conclude this discussion. Thank you."
"I appreciate it."
"Very simply put, if the authority was sent to DCEO right now for this four hundred and some million dollars worth of projects, DCEO could send the checks."
"I appreciate that answer. Thank you."
"Representative Mautino to close."
"That's all I got. Thank you. Appreciate your help. Look at your cities, 'cause you know what, I am not the only one. This is one hundred and thirty thousand (130,000) or in my case, one hundred and fifty thousand (150,000) of four hundred and thirty million (430,000,000)."
"The question is, 'Should House Bill 4808 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 108 Members voting 'yes', 1 person voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Jack Franks for the purpose of a…"
"Point of personal privilege."
"…personal privilege. Go ahead, Representative. 09500263.doc 46 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"Thank you, Mr. Speaker. And I just wanted to thank the Ladies of COWL last night for their… for the show that they put on. You guys did a terrific job. I know Karen May had emceed it and Elaine Nekritz worked on it. And I tell you, Majority Leader Currie reprised a prior role and she was sultry. And we had Representative Lindner in a diva swan song which was outstanding, along with Representative Lyons playing Sonny and Cher. It was just uncanny the resemblance. Representative Biggins had a real stretch, he played himself. I've seen it done better, but it… it was good. I… I thought that John Bradley's Bill Clinton was better than Bill Clinton. It… it was… he was good. I just want to thank everyone for a wonderful show, I know you raised some good dough. And I know, Karen, you probably want to talk about this. But we just appreciate all the effort that… that went into it. And I know Naomi was Monica Lewinsky last night and Kwame Raoul sang Oberweis, which was a lot of fun. And John Cullerton ought to be… he ought to be professional, I thought, he was… he was awesome. And even Senator Burzynski and see… when he was singing Patsy Cline it was uncanny. So, thank you very much, Karen."
Speaker Lyons: "The Chair recognizes the Lady from Lake, Representative Karen May."
"Yes, thank you, Representative Franks and everyone who supported the effort. I don't see Representative Nekritz, but she deserves the big thanks. She was the chairman of the event and kept us altogether. So, there is some real talent, we're not just lawmakers. We can… we can sing and 09500263.doc 47 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 carry on, too. So, I… I believe the early count is at least sixty thousand dollars ($60,000) for our scholarship and for our new Leadership Fund to help… help women, training them for government service. Thank you very much."
"Thank you, Ladies and Gentlemen on the COWL report; it was truly a memorable evening. Mr. Clerk, on page 21 of the Calendar, Representative Lou Lang has House Bill 4920. Read the Bill, Mr. Clerk."
"House Bill 4920, a Bill for an Act concerning business. Third Reading of this House Bill."
"The Chair recognizes the Gentleman from Cook, Representative Lou Lang."
"Thank you, Mr. Speaker, Ladies and Gentlemen. This is a Bill that has little or no opposition. I don't think it had any opposition in committee. This deals with retainage in contractor situations. This would limit retainage, which is money held back from the payment to 5 percent of the total and would require that it be reduced to two and a half percent when 50 percent of the payment has been made and 50 percent of the job has been accomplished. I really know of no opposition."
"Is there any discussion? Seeing none, the question is, 'Should House Bill 4920 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. Mr. Clerk, take the record. On this Bill, 106 Members voted 'yes', 3 Members voted 'no'. This Bill, 09500263.doc 48 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 having received the Constitutional Majority, is hereby declared passed. Representative Beth Coulson, you have House Bill 6310 on page 24 of the Calendar. Read the Bill, Mr. Clerk."
"House Bill 6310, a Bill for an Act concerning appropriations. Third Reading of this House Bill."
Speaker Lyons: "The Lady from Cook, Representative Beth Coulson."
"Thank you, Mr. Speaker. House Bill 6310 is a combination of two General Revenue Fund appropriations. The first is two hundred and fifty thousand dollars ($250,000) for the Children's Environmental Health Officer Act. And the second is five hundred thousand (500,000) for a new State Health Policy Center at the University of Illinois. We'd like to get some start-off costs for that center because the center is to support Legislators and other government officials in developing and implementing health policy to address critical issues facing the State of Illinois. We want to focus on best practices and right now, we don't have anywhere we can go to ask questions and get those answers back quickly so that we can address the health policy issues of the state. I can answer any questions. I'd appreciate an 'aye' vote."
"Is there any discussion? Seeing none, the question is, 'Should House Bill 6310 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 Black. Representative Collins. Mr. Clerk, take the record. 09500263.doc 49 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 On this Bill, there are 108 Members voting 'yes', 1 Member voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 22 of the Calendar, Representative Karen May has House Bill 5369. Read the Bill, Mr. Clerk."
"House Bill 5369 is on the Order of House Bills- Third Reading. An Amendment has been approved for consideration, if the Bill is returned to Second Reading."
"Move this Bill back to Second Reading for the purpose of an Amendment."
"Floor Amendment #2, offered by Representative May, has been approved for consideration."
"The Chair recognizes the Lady from Lake on the purpose of the Amendment, Representative Karen May."
"Yes. I would ask for adoption of Amendment #2. It clarifies the redundancy and also makes a more practicable date for this… for this."
"Is… is there any discussion on the Amendment? Seeing none, the question is, 'Should the Amendment be adopted to House Bill 5369?' All those in favor signify by saying 'yes'; those opposed say 'no'. And the Amendment is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"We'll move that Bill to Third Reading. Mr. Clerk, on page 20 of the Calendar, Representative Susana Mendoza has House Bill 4716. Out of the record. Mr. Clerk, on page 23 of the Calendar, Representative Kathy Ryg has House Bill 5761. Read the Bill, Mr. Clerk." 09500263.doc 50 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"House Bill 5761, a Bill for an Act concerning State Government. Third Reading of this House Bill."
Speaker Lyons: "The Chair recognizes the Lady from Lake, Representative Kathy Ryg."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill would change the allocation formulas for the Community Mental Health Medicaid Trust Fund and the Community Developmental Disabilities Services Medicaid Trust Fund. The allocations for these trust funds were negotiated through memorandums of understanding in order to protect the community-based providers during the transition during the fee-for-service operation initiative. It's important that we ensure that the Medicaid match generated through the fee for service is directed towards the provision of community service and supports. So, this Bill would increase the investment of Medicaid match into the funds for the provision of services and supports in the community over a three-year period and by 2011, 100 percent of the funds generated would be returned to the trust funds for the purchase of care services. I'm happy to answer any questions."
"Is there any discussion? Seeing none, the question is, 'Should House Bill 5761 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? Milt? Mr. Clerk, take the record. On this Bill there's 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. 09500263.doc 51 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 Clerk, on page 21 of the Calendar, Representative Bob Molaro has House Bill 4857. Read the Bill, Mr. Clerk."
"House Bill 4857, a Bill for an Act concerning animals. Third Reading of this House Bill."
"The Chair recognizes the Gentleman from Cook, Representative Bob Molaro."
"Well, thank you. I want to thank the Criminal Law Committee that gave me a lot of ideas, as you can see there's a few Amendments here to get this right. This has to do with the dog fighting, animal fighting. And basically… what the Bill basically says is, we still keep… if you're a… if you're someone who goes to these dogfights and you knowingly remain there. So, we took care of anybody who accidentally thinks they're going to a dog show and it turns out to be a dogfight. You have to knowingly remain. We also said that if you get caught, the first or second or the third time the judge gives you supervision, doesn't count as a conviction. But we do say this, that once you're caught there three (3), four (4), five (5) times and you do get caught that third (3), fourth (4), or fifth (5) time, then in fact you could be charged with a felony. As we all know, if spectators don't go to these shows… shows… if they don't go to these fights we can actually stop this vicious attacks on dogs and that's what we're trying to do. It's already a crime, all we're saying that if you do it two (2), three (3) different times, it'll raise it to a felony. And after all these Amendments everybody is… everybody I know of is in support of this Bill, no opposition whatsoever." 09500263.doc 52 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"Is there any discussion? Seeing none, the question is, 'Should House Bill 4857 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? Dan Reitz. Brandon Phelps. Mr. Clerk, take the record. On this Bill, there's 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 23 of the Calendar, Representative Karen Yarbrough has House Bill 5671. Read the Bill, Mr. Clerk."
"House Bill 5671, a Bill for an Act concerning appropriations. Third Reading of this House Bill."
Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Karen Yarbrough."
"Thank you, Mr. Speaker. This is an appropriations Bill that will help my district and it will appropriate four hundred thousand dollars ($400,000) to the Addison Creek Restoration Commission for the purposes of conducting environmental work, engineering planning, and community outreach to alleviate flooding in the area. I ask for a favorable vote and be happy to answer any questions."
"Is there any discussion? Seeing none, the question is, 'Should House Bill 5671 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 97 Members voting 'yes', 11 Members voting 'no'. This 09500263.doc 53 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 Bill, having received the Constitutional Majority, is hereby declared passed. Ladies and Gentlemen, I'm going to go to the Order of Second Reading, so I'll be calling your name and your House Bill to see if it's your option to move it to Third Reading. And we'll start on page 4 of the Calendar, Representative Colvin has House Bill 2405. Mr. Clerk, status of that Bill?"
"House Bill 2405, the Bill has been read a second time, previously. Floor Amendments 1, 2, 3, and 4 have been approved for consideration. Floor Amendment #1 is offered by Representative Colvin."
"Representative Colvin on Floor Amendment #1."
"Thank you, Mr. Speaker. House Amendment #1 helps clarify the issue regarding minority… excuse me, one second. Excuse me. On… it helps clarify a number of provisions of the Bill dealing with small business in subsection (c) of House Bill 2405. Dealing with a maximum number of employees and a maximum dollar value that a small business may have under the rules by the chief procurement officer which may vary from industry to industry. In… it has a… it's subject to the following limitations: no wholesale businesses, which are a small business of its average annual sales of over 3 percent of the most recent calendar years which have exceeded ten million dollars ($10,000,000); and number 2, no retail business or business selling services as a small business if its average annual sales and receipts over three (3)… over the three (3) most recent calendar years exceed eight million dollars ($8,000,000). And no construction business is a small 09500263.doc 54 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 business if its average annual sales and receipts over three (3)… over the three (3) most recent calendar years exceed ten million dollars ($10,000,000). What House Amendment #1 simply does is help us clarify the definition of 'a small business'."
"Any discussion on the Amendment? The Chair recognizes the Gentleman from Champaign, Representative Chapin Rose."
"Thank you, Mr. Speaker. Could I ask the status of the Clerk on the various Amendments? There are a number of Amendments filed. Which ones have already been adopted, Mr. Speaker?"
"Mr. Clerk, status on the Amendments."
Clerk Bolin: "No Amendments have been adopted. Floor Amendments 1, 2, 3, and 4 have been approved for consideration."
"Wait… So, 2, 3 and 4 have been adopted, have not?"
"No Amendments have been adopted to the Bill."
"Okay. Thank you. All right. To the… a question of the Sponsor, if I may?"
"Sponsor yields."
"Representative Colvin, what was the point of 3, 4, and 5 and now we're going back to 1?"
"Can you repeat that?"
"Sure. We… we… you have… there are four (4) Amendments filed, including Floor Amendments 2, 3, and 4. Three (3) and four (4) become the Bill. But we're going back to 1 and right now, you're moving to adopt the first Amendment. 09500263.doc 55 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 And I guess my question is, what's the point of adopting this when Amendments 3 and 4 become the Bill?"
"Technically, you're exactly right. Amendments 3 and 4 are the ones that we will be adopting."
"Okay. But I… but I don't think right now that's what you're doing, Representative. And I'm not… I'm not trying to… I think right now we need to maybe ask you to pull this from the record and clarify with the Clerk what Amendment is you're wanting to call."
"No, well, I think… I think… I certainly acknowledge that you're exactly right. And I think if it would please the Chair could we just withdraw #1 and we adopt 3, and 4? Just withdraw #1, yeah and 2."
"Representative Colvin, what was your pleasure, I'm sorry? We were discussing the Bill up on the podium."
"Mr. Speaker, I think it would… I think it would clarify this issue. Amendment #4 is the one we want to adopt, because it includes the language that's in Amendment #3, which I would like to explain along with the rulemaking adoption. The… and Amendment #4 also includes the rulemaking language to the Bill. So, what's proper is that we withdraw 1, 2 and 3 and we adopt Amendment #4, which becomes the Bill which includes the rulemaking language."
"Okay. So, the Motion is to withdraw Amendments #1, 2, and 3. All those in favor signify by saying 'yes'; those opposed 'no'. In the opinion of the Chair, the 'ayes' it. And Amendments #1, 2, and 3 are adopted (sic-withdrawn). We're now addressing Amendment #4, Representative Colvin, which becomes the Bill." 09500263.doc 56 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"Thank you, Mr. Speaker."
"Are there any questions? Besides the procedural which we've clarified on the issue of the Amendment #4 which becomes the Bill. Seeing none, the question is, 'Should Amendment #4 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 #4 is adopted. Mr. Clerk, anything further?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Mike McAuliffe, on page 13 of the Calendar, you have House Bill 5370. Read the Bill, Mr. Clerk."
"House Bill 5370, a Bill for an Act concerning persons killed in the line of duty. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Dan Burke, on page 5 of the Calendar, you have House Bill 2747. Out of the record. Representative Durkin… Mr. Clerk, on page 9 of the Calendar, Representative Renee Kosel has House Bill 4837. Status of the Bill, Mr. Clerk?"
"House Bill 4837, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been approved for consideration. No Motions filed."
"On request of the Sponsor, we'll leave that Bill on Second Reading. Mr. Clerk, let's revert back to Representative Colvin's Bill, House Bill 2405 for the purpose of clarification. It was Representative Colvin's 09500263.doc 57 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 intent to withdraw Amendments #1, 2, and 3. And the Motion was all those in favor of the withdrawal of the… of Amendments 1, 2, and 3, signify by saying 'aye'; all those in… In the opinion of the Chair, the 'ayes' have it. And Amendments 1, 2, and 3 were withdrawn. Then the Motion by Representative Colvin was to adopt Amendment #4. All those in favor of the adoption of Amendment 4, which becomes the Bill, signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #4 was adopted. A point of clarification, so the Bill's on Second Reading. Move that Bill to Third Reading. Hold the Bill on Third Reading. Mr. Clerk, on page 5 of the Calendar, Representative Dennis Reboletti has House Bill 2916. Status of the Bill, Mr. Clerk?"
"House Bill 2916, a Bill for an Act concerning local government. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Reboletti, has been approved for consideration."
"At the request of the Sponsor we'll hold that Bill on Second Reading. Representative Chapin Rose you have House Bill 5912. Status of the Bill, Mr. Clerk?"
"House Bill 5912, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Rose, has been approved for consideration."
"On request of the Sponsor, we'll hold that Bill on Second Reading. Mr. Clerk, on page 17 of the Calendar, 09500263.doc 58 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 Representative Mike Smith has House Bill 5970. What's the status of that Bill, Mr. Clerk?"
"House Bill 5970, the Bill's been read a second time, previously. No Committee Amendments. Floor Amendments 1 and 2 have been approved for consideration. Floor Amendment #1 is offered by Representative Smith."
"The Chair recognizes the Gentleman from Fulton, Representative Mike Smith on Amendment #1."
"Thank you, Mr. Speaker. This is a… I'm sorry, did you say Amendment #1? Okay."
"Floor Amendments 1 and 2 have been approved for consideration."
"Thank you. Amendment #1 simply makes a change to our Master Principal Program that was created last year. And actually changes the name to the Distinguished Principal Leadership Program. That's all that Amendment #1 does. I would move for its adoption. Actually, do you want to do Amendment #1 and 2 together?"
"No, I think we have somebody with a question, Representative Smith."
"Okay. I'm sorry."
"So, the Chair will recognize Representative Schmitz, the Gentleman from Kane County, on a question on Amendment #1."
"I do, Speaker. And it's for the Sponsor, too. I think in our analysis here, doesn't Amendment 2 become the Bill and incorporates the language of Amendment #1? Technically speaking?" 09500263.doc 59 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"Yes, I believe you are correct, Representative Schmitz."
"So, Mr. Smith you…"
"Amendment #1 should be tabled then, Mr. Speaker."
"You're… you're requesting to withdraw Amendment #1 to House Bill 5970. All those in favor of the withdrawal of Amendment #1 signify by saying 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #1 is withdrawn. Now to Amendment #2, Representative Smith."
"Thank you, Mr. Speaker. I apologize for the confusion. Amendment #2 does the change that I mentioned in… in changing the name of the Master Principal Program to the Distinguished Principal Program and it also includes the language with regard to rulemaking that we have done on many other Bills. That's all that Amendment #2 does. I'd be happy to answer any questions."
Speaker Lyons: "Is there any discussion on Amendment #2? Seeing none, all in those in favor of the adoption of Amendment #2 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair the 'ayes' have it. Amendment #2 is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
Speaker Lyons: "Third Reading. Mr. Clerk, Representative Hoffman has House… what's the status of House Bill 6339?"
"House Bill 6339, a Bill for an Act concerning appropriations. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed." 09500263.doc 60 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"Third Reading. Mr. Clerk, on page 13 of the Calendar, Representative Kevin Joyce has House Bill 5319. Status of the Bill, Mr. Clerk?"
"House Bill 5319, the Bill has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #4, offered by Representative Joyce, has been approved for consideration."
"Representative Joyce on Amendment #4."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Amendment #4 simply incorporates all of the suggestions in House Amendments 1 through 3. And in it represents an agreement between the Department of Labor, the… along with the carnival workers… on the carnival workers background checks along with the carnival companies. It does a number of things including making sure that November 1, 2008 the checks will be done through the National Sex Offender Public Registry. They have to be done at the time of hire, they have to done annually. They'll be done through the Illinois State Police. Federal law enforcement agencies and third party vendors would be allowed as long as they are approved by the department. The immigrant workers would be exempt if they're here on a temporary visa because that background check is already performed by the Federal Government at the same time they enter the country. And finally, I believe it… it deletes the language from current law allowing local law enforcement agencies to work with the carnival for temporary workers background check results. This would 09500263.doc 61 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 keep everything uniform dealing with the department alone. And I move for the adoption of the Amendment."
Speaker Lyons: "Is there any discussion on Amendment #4? Seeing none, the question is… All those in favor of adoption of Amendment #4 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. Mr. Clerk, on page 14 of the Calendar, Representative Jim Durkin has House Bill 5513. Status of the Bill, Mr. Clerk?"
"House Bill 5513, the Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Durkin, has been approved for consideration."
"Representative Durkin on Floor Amendment #1. Mr. Clerk, on the request of the Sponsor, we'll take that Bill out of the record. Mr. Clerk, on page 10 of the Calendar, Representative Linda Chapa LaVia has House Bill 4927. What's the status of the Bill, Mr. Clerk?"
"House Bill 4927, a Bill for an Act concerning courts. Second Reading of this House Bill. Amendment #1 was adopted in… adopted in committee. Floor Amendments 2 and 3 have been approved for consideration. Floor Amendment #2 is offered by Representative Chapa LaVia."
"Representative on Floor Amendment #2. The Chair recognizes the Lady, Representative Chapa LaVia." 09500263.doc 62 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"Thank you, Speaker, Members of the House. I'm pretty sure… I don't have the Amendment in front of me, hold on one second. But it was an agreement made with the… sorry… Amendment #2 guts the Bill and amends the Children and Family Service Act and the Juvenile Court Act. And what it does, if a child is found to be abused under the Juvenile Court Act and the child's parent was the perpetrator and such parent is convicted of aggravated participation in methamphetamine manufacturing under the Methamphetamine Control and Community Protection Act and the child resides or was present at the place of the manufacturing or endangerment by the manufacturing, or the child has… has been… will be or and could be committed to the Department of Children and Family Services for care of service. This came out of… out of our district, our legislative district. Senator… legislative district with Senator Linda Holmes and issues that we've trying to do in that area. And this is just another step to protecting the children of the State of Illinois that are around a parent that might be producing methamphetamines. And giving the courts the ability to remove that child if it's seen fit from the parent's custody. I'll take any questions."
"Any questions on Amendment #2? Seeing none, all those in favor of the adoption, signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. Amendment #2 is adopted. Mr. Clerk."
"Floor Amendment #3, offered by Representative Chapa LaVia." 09500263.doc 63 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"Representative Chapa LaVia, you have Amendment #3."
Chapa LaVia: "Thank you, Speaker, Members of the House. Amendment 3 simply adds the rulemaking authority language to the appropriation section of House Amendment #2."
"Any discussion on Amendment #3? Seeing none, all those in favor signify by voting '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. Mr. Clerk, on page 8 of the Calendar, we have… Representative Poe has House Bill 4758. Status of the Bill, Mr. Clerk?"
"House Bill 4758, a Bill for an Act concerning gaming. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendments 2 and 3 have been approved for consideration. Floor Amendment #2 is offered by Representative Poe."
"Representative Poe on Floor Amendment #2."
"Thank you, Mr. Speaker. We put Floor Amendment 2 and 3 and #2 would… where am I at here? It would add the… the way that the money would be distributed from the fairgrounds, that 66 percent of that money would stay on the fairgrounds, a third would go to the City of Springfield. Am I on the wrong one?"
"That's Amendment #2, Representative? Floor Amendment #2."
"Okay. The… I'm sorry, Mr. Speaker. What this one would do would… it would… we put an Amendment on it so that there 09500263.doc 64 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 couldn't be an OTB within thirty (30) miles of the state fairgrounds and that took away some of the concerns. And it also takes out electronic gaming that was in the original Bill. So, thirty miles (30) radius of Springfield, they couldn't have a… a off-track betting parlor and it takes out the electronic gaming."
"So, that's the Motion on Amendment #2. Is there any discussion? Chair recognizes the Gentleman from Cook, Representative Bob Molaro on Amendment #2."
"Will the Sponsor yield? I want to ask him a question."
"Sponsor yields."
"Now, this may be Amendment #4 or 5, 'cause it's not up there yet. Would you entertain an Amendment that if we're going to have this racing at the fairgrounds, which I think is wonderful for Springfield and the fairgrounds. would you entertain an Amendment that would ban any State Legislator from making bets there? Because otherwise you might as well tell the Sergeant-at-arms as an assistance we'll just send the checks right over there. I mean… I kind of have a, you know problem control…"
"Maybe we… maybe we could a pass a Resolution where we wouldn't have racing dates during Legislative Session."
"Well, I just want to hope that, you know, I could at least take my checks back home or at least have a course on how to bet correctly, but I guess that'll come later."
"If you would bring your favorite lobbyist in and lobby the General Assembly, maybe." 09500263.doc 65 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"Is there any further discussion on Amendment… Floor Amendment #2 to House Bill 4758? Seeing none, all those in favor signify in its adoption by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #2 is adopted. Mr. Clerk."
"Floor Amendment #3, offered by Representative Poe, has been approved for consideration."
"Mr. Poe on Floor Amendment #3."
"Yeah, this Amendment, Mr. Speaker, would then be the distribution of funds. It would clarify for… how that they would be distributed."
"Any discussion? Seeing none, all those in favor of the adoption of Floor Amendment #3 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk, anything further?"
"No further Amendments. No Motions filed."
"Third Reading. Mr. Clerk, on page 16 of the Calendar, Representative Harry Osterman has House Bill 5789. Status of the Bill, Mr. Clerk?"
"House Bill 5789, a Bill for an Act concerning health. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments have been approved for consideration."
"Representative Osterman, you want to hold this? We'll hold this… we'll hold this Bill and the Amendment. You also have, Harry, you have House Bill 5373? It's a hold on all… on that? Okay. Mr. Clerk, read House Bill 5373." 09500263.doc 66 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"House Bill 5373, a Bill for an Act concerning property. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been approved for consideration."
Speaker Lyons: "Hold that Bill on Second Reading. Representative Karen May, on page 10 of the Calendar, you have House Bill 4999. Status of the Bill, Mr. Clerk?"
"House Bill 4999, the Bill has been read a second time previously. No Committee Amendments. Floor Amendments 1 and 2 have been approved for consideration. Floor Amendment #1 is offered by Representative May."
"The Lady from Lake, Representative Karen May on Amendment #1."
"Mr. Speaker, I wish to withdraw… withdraw Amendment #1 and adopt Amendment #2 only. Amendment #2 is a gut and replace."
"Motion to adopt… to withdraw Amendment #1. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #1 is adopted. Mr. Clerk… Amendment #1 is withdrawn. Mr. Clerk on Amendment #2."
"Floor Amendment #2, offered by Representative May, has been approved for consideration."
"The Lady from Lake, Representative Karen May."
"Yes. Amendment #2 was a request of the NFIB and others to clarify established business relationships."
Speaker Lyons: "Is there any discussion on Amendment #2? Seeing none, all those in favor of the adoption of Amendment #2 to House Bill 4999 signify by saying 'yes'; 09500263.doc 67 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #2 is adopted. Anything else, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. Mr. Clerk, on page 13 of the Calendar, Representative Kathy Ryg has House Bill 5492. Representative Ryg. Status of the Bill, Mr. Clerk?"
"House Bill 5492, a Bill for an Act concerning regulations. Second Reading of this House Bill. Amendments 1 and 2 were adopted in committee. Floor Amendment #3, offered by Representative Ryg, has been approved for consideration."
"Representative Ryg."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill's a… a proposal of the Guardianship and Advocacy Commission, which determined that there's a gap in Illinois law protecting adults between the ages of 18 and 59 who are being treated in a hospital or a freestanding emergency center. So, this Amendment becomes the Bill and establishes criteria, standards, and procedures for the reporting and investigation of alleged patient abuse in these facilities. Happy to answer any questions."
"Is there any discussion on Floor Amendment #3 to House Bill 5492? Seeing… The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." 09500263.doc 68 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"Representative, on Floor Amendment #3… I've been trying to scroll down and for some reason the computer doesn't want to cooperate. Is Amendment #3… you've been working on this for some time, excuse me, but does it remove the concerns that the Illinois State Medical Society had with the underlying Bill?"
"Yes, it does. It was carefully negotiated with the Med Society, the Hospital Association, Guardianship and Advocacy. The last group to weigh in were the trial lawyers about some immunity language. And so, the doctors, the trial lawyers, and the hospital are going to try and come up with language that's acceptable to all. But there's agreement that if we're not able to reach agreement, we can move the Bill out of the House and work on it in the Senate."
"I'm sorry, you said you have an agreement if we're not able to reach an agreement?"
"If the trial lawyers aren't satisfied in their discussion with the doctors and the hospitals, they'll continue to work on it on the Senate side."
"Okay. I've… I've never known the trial lawyers to not be satisfied. So, I'm sure you're going to get this worked out."
"You know, actually, we have precedent. And if you'll recall, the Restroom Access Act, the same issue came up and they did work it out. So, I'm asking them to find their way to 'yes' on this."
"And I can't tell you how… how much better I've slept at night knowing that we worked out the Restroom Access Act." 09500263.doc 69 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"Thank you."
"But… and I appreciate all of your work on that. And, quite frankly, my wife does more so than I do."
"I'm sure."
"I thank you for your work on this. And it… it… is it… would it be fair to say the Bill now is still a work in progress?"
"As far as getting it out of the House, there's agreement that we will proceed accordingly…"
"Okay."
"…because of the work that was done to get to this point. If the Senate agrees to disagree… in the… if we can't reach an agreement, then it will be taken to the Senate Floor and determined there."
"Okay. Fine. Thank you very much."
"Any further discussion? Seeing none, all those in favor of the adoption of Amendment #3 to House Bill 5492 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. Amendment #3 is adopted. Mr. Clerk."
"No further Amendments. No Motions filed."
"Third Reading. Representative Biggins, for what purpose do you seek recognition?"
"Well, thank… thank you, Mr. Speaker. Earlier my name was used in debate by someone talking about my performing as myself last night. And I want to… he'd made a very nice comment, said I could do it a little better. During the break in the next week I'm going to work on it a little harder and I'm going to practice with myself and I will be 09500263.doc 70 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 improving… I'll be improved when we come back again. Thank you."
"Doing Bob Biggins is a very high standard, Representative Biggins, we certainly understand that. Representative Ryg, you also have, on page 14 of the Calendar, House Bill 5574. Mr. Clerk, hold that on the request of the Sponsor. Representative Durkin, I believe you're ready to move your Bill from Second to Third? House Bill 5513 on page 14 of the Calendar. What's the status of that Bill, Mr. Clerk?"
"House Bill 5513, the Bill has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Durkin, has been approved for consideration."
"Representative Durkin on Floor Amendment #1."
"Thank you, Mr. Speaker. The Bill in its original form basically said that… that when there's a final judgment granting a declaratory or injunctive relief, that a person who's on the losing side of those… that order if there are seeking to stay enforcement of that judgment they must set forth just cause. The problem in the past is that the law currently allows for an automatic stay of enforcement. And it has been particularly a problem with local state's attorneys when they've been forcing housing violations and they see it's a reoccurring theme. So, it was narrowly drafted to apply strictly to local governments and to municipalities. The question was raised by Representative Franks on… on the floor that why we should have it narrowly defined towards local governments, it should apply 09500263.doc 71 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 universally. So, what this Amendment does is that it broadens the university of individuals who would be able to… work this… would be able to apply for the extended relief under this statute."
"Any discussion on Floor Amendment #1? 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. Mr. Clerk, on page 16 of the Calendar, Representative Don Moffitt has House Bill 5845. Status of the Bill, Mr. Clerk?"
"House Bill 5845, a Bill for an Act concerning transportation. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Biggins, I do believe you have, on page 16 of the Calendar, House Bill 5801. Representative Biggins, I think we have to… we'll have to hold on that Bill for a minute for clarification. Take that Bill out of the record. Mr. Clerk, on page 7 of the Calendar, Representative Jim Meyer has House Bill 4629. Out of the record. Representative Meyer, you also have House Bill 5669. Out of the record. Mr. Clerk, on page 12 of the Calendar, Representative Lisa Hernandez has House Bill 5227. What's the status of that Bill, Mr. Clerk?" 09500263.doc 72 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"House Bill 5227, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Hernandez, has been approved for consideration."
Speaker Lyons: "We'll hold that Bill on Second Reading at request of the Sponsor. On the Order of Third Reading, Mr. Clerk, Representative Mautino has House Bill 4940. Representative Frank Mautino, House Bill 4940? Read the Bill, Mr. Clerk."
"House Bill 4940 is on the Order of House Bills- Third Reading. A Floor Amendment has been approved for consideration if the Bill is returned to Second Reading."
"Return that Bill to Second Reading for the purpose of an Amendment."
"Floor Amendment #2, offered by Representative Mautino, has been approved for consideration."
"Representative Mautino on the Amendment."
"And let me get my computer booted up here. I want to thank Representative Molaro for making the announcement that I was on the phone. Okay. House Amendment 2 is a gut and replace Amendment and it eliminates most of the… most of House Amendment #1. And it… this has to do with the wellness Bill that we've been discussing within the Insurance Committee. I know of no opposition to the changes. And it takes out the reward and health spending account contributions as… as a couple of the incentives that the participants have. With that, if we could place 09500263.doc 73 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 this Amendment on, we'll end up with this in its final form."
"Is there any discussion on Floor Amendment #2? Seeing none, Representative Moffitt (sic-Mautino) moves for the adoption of Amendment #2. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #2 is adopted. Mr. Clerk, anything further?"
"No further Amendments. No Motions filed."
"Third Reading. Mr. Clerk, on the Order of Second Reading, Representative Saviano… Saviano's not on the floor. Yes, he is. Skip, sorry. Mr. Clerk, on page 6 of the Calendar, Representative Saviano has House Bill 4249. Status of the Bill, Mr. Clerk?"
"House Bill 4249, a Bill for an Act concerning regulation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Representative Saviano also has House Bill 4673. Mr. Clerk, read the Bill."
"House Bill 4673, a Bill for an Act concerning regulation. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
Speaker Lyons: "Third Reading. Representative Saviano has House Bill 4762. Read the Bill, Mr. Clerk."
"House Bill 4762, the Bill has been read a second time, previously. Amendment #1 was adopted in committee. 09500263.doc 74 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 Floor Amendment #2, offered by Representative Saviano, has been approved for consideration."
"The Chair recognizes Representative Saviano for the purpose of Floor Amendment #2."
"Thank you, Mr. Speaker, Members of the House. Floor Amendment #2 was offered by the department to clean up some of the educational requirements for geologists. And I would ask for its adoption."
Speaker Lyons: "The Chair recognizes for a question, Representative Rich Myers."
"Point of personal privilege."
"State your point… Representative Myers, if you could wait a second 'til we're finished the adopted… the adoption of this Amendment. Any discussion on the adoption of the Amendment? Seeing none, the question is, 'Should Amendment… Floor Amendment #2 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. Now, the Chair recognizes the Gentleman from McDonough, Representative Rich Myers, for a point of personal privilege."
"Thank you, Mr. Chairman. You know all of us in this chamber are trying to assist Representative Jim Watson in representing his district and doing his duties. Today we have a group here from Representative Watson's district, a group of individuals from the Jersey County Business Association and their leadership class. And they're 09500263.doc 75 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 sitting up in the gallery behind us and we would like to have everyone welcome them and welcome them to Springfield."
"Welcome to Springfield. Enjoy your day. Mr. Clerk, on the Order of Saviano (sic-Second Reading), we have, on page 9 of the Calendar, House Bill 4777. Status of the Bill, Mr. Clerk?"
"House Bill 4777, a Bill for an Act concerning regulation. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Saviano, has been approved for consideration."
"Representative Saviano on Floor Amendment 2."
"Thank you, Mr. Speaker, Members of the House. Floor Amendment #2 removes the department's opposition. It was just a cleanup under continuing education component. I would ask for its adoption."
"Is there any discussion? Seeing none, all those in favor of the adoption of Floor Amendment #2 to House Bill 4777 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."
Speaker Lyons: "Third Reading. On page 9 on the Calendar, Representative Saviano has House Bill 4778. Read the Bill, Mr. Clerk."
"House Bill 4778, a Bill for an Act concerning regulation. Second Reading of this House Bill. Amendment 09500263.doc 76 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Mr. Clerk, on page 4 of the Calendar, Representative Naomi Jakobsson has House Bill 2518. Status of the Bill, Mr. Clerk?"
"House Bill 2518, a Bill for an Act concerning local government. Second Reading of this House Bill. No Committee Amendments. Floor Amendments 1 and 2 have been approved for consideration. Floor Amendment #1 is offered by Representative Jakobsson."
Speaker Lyons: "Representative Jakobsson on Floor Amendment #1."
"Thank you, Mr. Speaker. Floor Amendment… I'm asking that Floor Amendment #1 be withdrawn, replace it with Amendment #2, which is a gut and replace Amendment."
"Is there any discussion on Floor Amendment #1? The Motion is to withdraw Floor Amendment #1. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #1 is withdrawn. Mr. Clerk."
"Floor Amendment #2, offered by Representative Jakobsson, has been approved for consideration."
"Chair recognizes Representative Jakobsson on Floor Amendment #2."
"Floor Amendment #2 does become the Bill. It adds Champaign County to the list of counties where annexation agreement jurisdiction is automatically effective only within the one and a half miles of the municipal boundary." 09500263.doc 77 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008
"Any discussion on Floor Amendment #2? Seeing none, all those in favor of its adoption 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 are filed."
"Third Reading. Mr. Clerk, Agreed Resolutions."
Clerk Bolin: "Agreed Resolutions. House Resolution 1274, offered by Representative Granberg. House Resolution 1275, offered by Representative Phelps. House Resolution 1277, offered by Representative Bost. And House Resolution 1279, offered by Representative Ramey."
"All those in favor of the adoption of the Agreed Resolutions… Representative Hannig moves for the adoption of the Agreed Resolutions. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Agreed Resolutions are adopted. Mr. Clerk, the Adjournment Resolution."
Clerk Bolin: "House Joint Resolution 133, offered by Representative Currie. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that when the two Houses adjourn on Thursday, May 08, 2008, they stand adjourned until Tuesday, May 13, 2008 at 12:00 noon."
Speaker Lyons: "All those in favor of the adoption… of Adjournment Resolution signify by saying 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' 09500263.doc 78 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 263rd Legislative Day 5/8/2008 have it. And the Adjournment Resolution is adopted. Seeing nothing further to come between (sic-before) the Illinois House of Representatives, Representative Hannig moves that the House stand adjourned until the hour of 12 noon on Aug… on May 13. Allowing Perfunctory time for the Clerk, the House stands adjourned."
"House Perfunctory Session will come to order. Introduction and First Reading of House Bills. House Bill 6633, offered by Representative Jakobsson, a Bill for an Act concerning public employee benefits. House Bill 6634, offered by Representative Black, a Bill for an Act concerning compensation. House Bill 6635, offered by Representative Flider, a Bill for an Act concerning regulation. House Bill 6636, offered by Representative Hannig, a Bill for an Act concerning State Government. House Bill 6637, offered by Representative Graham, a Bill for an Act concerning appropriations. House Bill 6638, offered by Representative Graham, a Bill for an Act concerning appropriations. House Bill 6639, offered by Representative Reis, a Bill for an Act concerning State Government. First Reading of these House Bills. First Reading of Senate Bills. Senate Bill 878, offered by Representative Molaro, a Bill for an Act concerning regulation. There being no further business, the House Perfunctory Session will stand adjourned." 09500263.doc 79