"House Perfunctory Session will come to order. Introduction and reading of Senate Bills-First Reading. Senate Bill 1850, offered by Representative Hannig, a Bill for an Act concerning transportation. First Reading of this Senate Bill."
"The hour of 4:00 having arrived, the House will be in order. Members will… Members will be in their seats. Members and guests are asked to refrain from starting their laptops, turn off all cell phones, and pagers and rise for the invocation and for the Pledge of Allegiance. We shall be led in prayer today by Lee Crawford, the pastor of the Cathedral of Praise Christian Center here in Springfield."
"Let us pray. Almighty and most gracious God who has dominion over both life and death. Father, I ask that You would grant to us this very day a grace to go forth in peace, to go forth with courage, that we may hold fast to that which is good, that we would render no one evil for evil. But I ask today that You would help us, to strengthen us, to strengthen the faint in hearted. Help us to be of support to the weak, that we may help the afflicted. That we may honor all people, that we may love them and serve them with the same love and in the same spirit which You have loved us. So, this we kindly pray and ask in Your precious Son's name, Amen."
"Representative Gordon, will you like… lead us in the Pledge."
"I pledge allegiance to the flag of the United States of America and to the republic for which it stands, 09500269.doc 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 one nation under God, indivisible, with liberty and justice for all."
Speaker Hannig: "Roll Call for Attendance. Representative Currie."
"Thank you, Speaker. Please let the record reflect that Representatives Boland, Burke, Collins, Colvin, Dugan, Feigenholtz, Ford, Graham, Lyons, Osterman, Patterson, Scully, Washington and Rich Bradley are excused today."
"Representative Bost."
"Thank you, Mr. Speaker. Let the record reflect that Representative Black, Durkin, Jerry Mitchell, Sacia, Tyr… Tyron… Tryon and Watson are excused today. Must have been a rough weekend, what do you think?"
"Mr. Clerk, take the record. There are 98 Members answering the Roll Call, a quorum is present. Mr. Clerk, read the Committee Reports."
Clerk Mahoney: "Committee Reports. Report from the Rules Committee. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following legislative measures and/or Joint Action Motion were referred, action taken on May 19, 2008, reported the same back with the following recommendation/s: 'approved for floor consideration' is Amendment #4 to House Bill 2074, Amendment #2 to House Bill 4128, Amendment #2 to House Bill 4442, Amendment #2 to House Bill 4930, Amendment #3 to House Bill 5257, Amendment #2 to House Bill 5801, Amendment #2 to House Resolution 1101, Amendment #1 to Senate Bill 2907; 'approved for consideration', referred to the Order of Second Reading is House Bills 3738 through 09500269.doc 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 House Bill 3748; 'approved for consideration', referred to the Order of Third Reading House… Senate Bills is Senate Bill 62. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following legislative measures and/or Joint Action Motion were referred, action taken on May 15… 19, 2008, reported the same back with the following recommendation/s: 'approved for floor consideration' is Amendment #4 to House Bill 2651. Introduction and referral to the House Committee on Rules is House Resolution 1320, offered by Representative Poe and House Resolution 1322, offered by Representative Rich Myers."
"On Supplemental Calendar #1, under the Order of House Bills-Second Reading, is House Bill 3741 (sic- 3738). Mr. Clerk, read the Bill."
"House Bill 3738, a Bill for an Act in relation to budget implementation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Let… let's hold that on Second Reading. Mr. Clerk, would you read House Bill 3741, please."
"House Bill 3741, a Bill for an Act in relation to budget implementation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Hold that on Second Reading. And read… and read House Bill 3742. House Bill 3742. Mr. Clerk, would you read the Bill." 09500269.doc 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"House Bill 3742, a Bill for an Act in relation to budget implementation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Hold that on Second Reading, Mr. Clerk. And read House Bill 3743."
"House Bill 3743, a Bill for an Act in relation to budget implementation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Hold that on Second Reading. And read House Bill 3744."
"House Bill 3744, a Bill for an Act in relation to budget implementation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Hold that on Second Reading. And read House Bill 3745."
"House Bill 3745, a Bill for an Act in relation to budget implementation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Hold that on Second Reading. And read House Bill 3746."
"House Bill 3746, a Bill for an Act in relation to budget implementation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." 09500269.doc 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"Hold that on Second Reading. And read House Bill 3747."
"House Bill 3747, a Bill for an Act in relation to budget implementation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Hold that on Second Reading. And read House Bill 3748."
"House Bill 3748, a Bill for an Act in relation to budget implementation. No Committee Amendments. No Floor Amendments. No Motions filed."
"Hold that on the Order of Second Reading. On the Order of House Bills-Third Reading, Representative Mulligan, you have House Bill 3177. Mr. Clerk, read the Bill."
"House Bill 3177, a Bill for an Act in relation to government. Third Reading of this House Bill."
"The Lady from Cook, Representative Mulligan."
"I'd like to thank you for reminding me to smile. It's always hard when you drive down. Thank you, Mr. Speaker. Floor Amendment became the Bill last week and notwithstanding any other law to the contrary the Teachers Health Insurance Security Fund is not to be subject to sweeps, administrative chargebacks or any other fiscal or budgetary maneuver that would in any way transfer any amounts from the Teachers Health Insurance Security Fund into any other fund in the state. We had previously done this, but it expired last summer. Representative Leitch had had a Bill that did it, now we're asking to do it 09500269.doc 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 again. We've had many calls from both teachers that are still teaching and retired teachers who have a great deal of concern about this. And we'd like to assure them that we are protecting their health insurance and their funds."
"Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Schock, Rita, Poe, Golar, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 98 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Biggins, you have House Bill 4… 5801. Representative Biggins, do you wish us to read that Bill? Out of the record. Representative Biggins, how about House Bill 4699? 4699? Mr. Clerk, read the Bill."
"House Bill 4699, a Bill for an Act in relation to public health. Third Reading of this House Bill."
"No, Mr. Speaker, could we delay this Bill one more day, please?"
"Sure."
"Thank you."
"We certainly can, Representative."
"Thank you."
"So, out of the record at the request of the Sponsor. Representative Bellock, you have House Bill 3203. You want to wait on that one? Okay. So, out of the record. Representative Flider, you have House Bill 4198. 09500269.doc 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 Read the Bill, Mr. Clerk. Mr. Clerk, the Gentleman does not wish to call the Bill. So, out of the record. Representative Golar, on House Bill 5788. Out of the record. Representative Poe, Raymond Poe, on House Bill 4665. Read the Bill, Mr. Clerk."
"House Bill 4665, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"The Gentleman from Sangamon, Representative Poe."
"Mr. Speaker, Ladies and Gentlemen of the House. This is a… first of all, it's not the 'In God We Trust' plates; it's a license plates for the birthday, the 200th birthday of Abraham Lincoln next year. And this is… the moneys will be deposited in the Lincoln Legacy Scholarship Fund. And it'll be scholars in the Lincoln series. So, I'd ask for a favorable vote."
"The Gentleman has moved for the passage of House Bill 4665. Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Wait, Ryg, and Will Davis, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 93 voting 'yes' and 3 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Phelps, you have House Bill 4930. Out of the record. Representative Hoffman, on House Bill 5157. Okay. Out of the record. Representative Mautino, you have House Bill 5578. 09500269.doc 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 Representative Mautino. Out of the record. So, we're going to take some House Bills-Second Reading. And Representative John Bradley has House Bill 5576. Representative Bradley. Out of the record. Representative Fritchey, you have House Bill 4863 on Second Reading. Shall we read the Bill? Representative Fritchey."
"I believe there's an Amendment that needs to be adopted, Speaker?"
Speaker Hannig: "Mr. Clerk, what are the status of the Amendments?"
"Floor Amendment #2, offered by Representative Fritchey, has been approved for consideration."
"Mr. Clerk, read the Bill."
"House Bill 4863, 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 Fritchey, has been approved for consideration."
"Representative Fritchey."
"Thank you, Speaker. Amendment 2 simply narrows the Bill considerably at the request of the Department of Professional Regulation. We know of no objection and I ask for its adoption."
"Is there any discussion? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions filed." 09500269.doc 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"Third Reading. Representative Molaro, you have House Bill 2651. Should we read the Bill? Read the Bill, Mr. Clerk."
"House Bill 2651, a Bill for an Act concerning gaming. Second Reading of this House Bill. Floor Amendment #1, offered by Representative Molaro, and Floor Amendment #4, offered by Representative Molaro, have both been approved for consideration."
"On Amendment #1, Representative Molaro, what is your pleasure?"
"Well, I don't want to… I don't want to call Amendment #1. So, I guess tabling would be the right…"
"So, we'll withdraw #1."
"…we'll lay that on the table?"
"Yeah, that's withdrawn."
"Right."
"And now the… the Clerk indicates you have Amendment #4."
"Yeah, I'd like to… I'd like to add that to my Bill."
"Why don't you briefly explain it and then we'll adopt it."
"Yes, thank you. Amendment #4 we… Amendment #4 we talked about in committee first, it's the rulemaking that we've been putting on a lot of our Bills. And the second one is about the fact that this is the resunsetting of the 3 percent, the impact fee. And what we did, 'cause the boats thought they would ask for it, that if we ever returned to the 70 percent tax that we went to in 2003, they would not have to pay the additional 3 percent impact 09500269.doc 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 fee. And everybody seems to be in agreement with this Amendment."
"The Gentleman has moved for the adoption of the Amendment. Is there any discussion? Then all in favor say 'aye'; opposed… excuse me, the Gentleman from Lake, Representative Sullivan."
"I'm sorry, Representative, you… you went through the analysis of that fairly quickly and I was unable to hear. Last year we passed legislation where we would take 3 percent of the sales… or of the tax on riverboats and give it to the horseracing industry, is that what this is?"
"Well, I… I… I'm going to say yes and no, but I don’t… I'm not doing that to confuse you. Not Amendment #4. The original Bill which is passed out of committee, right, is exactly that. We're resunsetting. But I… the Amendment… the Amendment passed committee. So, that's on the Bill. This is a Floor Amendment and so, in other words, the resunsetting of the 3 percent… Representative Sullivan?"
"Oh, I… you know what, I'm sorry, I didn't realize… I thought this was final action."
"No."
"I'll ask… I'll come talk to you and then I'll ask you on the floor."
"And… and I'll make sure you're on the floor when we call the Bill. I don't want to miss your comments."
"Okay. Thank you."
"All right. Thank you." 09500269.doc 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"Any further discussion? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"
"No further Amendments have been approved for consideration. No Motions filed."
"Third Reading. Representative Verschoore, you have House Bill 2074. Do you wish us to read this Bill? Out of the record. Representative Saviano, on House Bill 4128. Read the Bill, Mr. Clerk."
"House Bill 4128, a Bill for an Act concerning State Government has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Saviano, has been approved for consideration."
"Representative Saviano."
"Thank you, Mr. Speaker. I would ask that Floor Amendment #2 be adopted. This is to straighten out any oppositions the Secretary of State had with the Bill. I would ask that Floor Amendment #2 be ad… be approved on House Bill 4128."
"Is there any discussion? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Flowers, you have House Bill 4442 on Second Reading. Do you wish us to read that Bill? Read the Bill, Mr. Clerk."
"House Bill 4442 has been read a second time, previously. Amendment #1 was adopted in committee. Floor 09500269.doc 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 Amendment #2, offered by Representative Flowers, has been approved for consideration."
"Representative Flowers, on Amendment #2."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #2 deals with the… it's the technicality of the child not going to preschool. And it just changes the name of the school from preschool to kindergarten."
Speaker Hannig: "The Lady moves for the adoption of Floor Amendment #2. Is there any discussion? Then all in favor say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Fortner, you have House Bill 5257. Do you wish us to read this Bill? Read the Bill, Mr. Clerk."
"House Bill 5257, a Bill for an Act concerning regulation. Second Reading of this House Bill. Floor Amendments 2 and 3, offered by Representative Fortner, have both been approved for consideration."
"Representative Fortner, on Amendment #2."
"I would like to withdraw Amendment #2 and consider Amendment #3."
"So, Amendment #2 is withdrawn. And Mr. Clerk, are there other Amendments?"
"Floor Amendment #3, offered by Representative Fortner, has been approved for consideration."
"Representative Fortner, on Amendment #3."
"Thank you, Mr. Speaker and Members of the House. Floor Amendment 3 provides for the Municipal Aggregation 09500269.doc 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 Bill to have a detailed opt-out procedure with referendum and details how the opt-in procedure would work for the municipalities that choose to go by that route. I would ask for its adoption on to the Bill."
"Is there any discussion? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Acevedo, you have House Bill 5126. Read the Bill, Mr. Clerk."
"House Bill 5126, a Bill for an Act concerning transportation has been read a second time, previously. No Committee Amendments. Floor Amendments 1 and 4, offered by Representative Acevedo, have both been approved for consideration."
"So, on Amendment #1, Representative Acevedo, wish… what do you wish to do?"
"I'd like to ask for it adoption, Mr. Speaker."
"Is there any discussion on the Gentleman's Amendment? Then all in favor say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"
"Floor Amendment #4, offered by Representative Acevedo, has been approved for consideration."
"Representative Acevedo, on Amendment #4."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Amendment #4 allows grant processors and recyclable metal detectors to accept a certificate title as proof of ownership when acquiring a vehicle… junk vehicle 09500269.doc 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 or vehicle cowl for a licensed or unlicensed individual. I'd be happy to answer any questions."
"Is there any discussion? Then all in favor of the Amendment say 'aye'… excuse me, Representative Fritchey, did you have a question? Okay. Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Golar, you have House Bill 5788. Out of the record. Representative… excuse me, Representative Hernandez, you have House Bill 5227. Do you wish us to read this Bill? Out of the record. Representative Pihos, on House Bill 4875. Shall we read the Bill? No. Out of the record. How about Representative Meyer, on House Bill 5669? Out of the record. Representative Lang… Representative Lang, on House Bill 5124. Out of the record. Representative John Bradley, you have House Bill 5576. Do you wish us to read that on Second? Read the Bill, Mr. Clerk."
"House Bill 5576, a Bill for an Act concerning regulation. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #3, offered by Representative Bradley, has been approved for consideration."
"Representative Bradley, you're recognized on the Amendment." Bradley, J.: "This is an Amendment which, to my knowledge, is agreed to by all the parties. And I would ask that it be 09500269.doc 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 adopted and put on the Bill. Basically, what this does is it extends the compensation that people in the ComEd service territory currently get, into the Ameren service territory areas."
"Is there any discussion? Then all in favor of the Gentleman's Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Mautino, you had House Bill 5576… 78… 5578 on Third. Did you wish us to read that Bill? Terrible Bill. Okay. Out of the record. Representative Golar, you have House Bill 5788 on the Order of Third Reading. Would you like us to read that Bill? Out of the record. Under the Order of Resolutions is House Resolution 1101. Mr. Clerk, are there any Amendments?"
"Floor Amendment #2, offered by Representative Fritchey, has been approved for consideration on House Resolution 1101."
"Representative Fritchey, would you like to present the Amendment?"
"The Amendment simply changes the composition of the task force. We know of no opposition or questions about it."
"Is there any discussion? The Gentleman from Cook, Representative Acevedo. Okay. He does not wish to speak. So, all in favor… all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments, Mr. Clerk?" 09500269.doc 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"No further Amendments. No Motions filed."
"Okay. So, Representative Fritchey, would you like to present the Resolution?"
"Thank you, Speaker, Members of the Body. House Resolution 1101 creates a Family Law Study Committee. All… all of us frequently see a number of issues coming up trying to deal with various aspects of the Marriage and Dissolution Act, which is now over a quarter of a century old. We believe that the most comprehensive way to deal with this important issue is to put together a task force representing all the interested parties that would take a look at the Act in total and look at any possible revisions that can be made to better protect the interests of all involved parties, be it the custodial parents, be it the children, the noncustodial parents. We believe that this would be a fair and nonpartisan route to reach a good resolution towards modernizing this important law. I'd be happy to answer any questions or I'd ask for favorable passage."
"Is there any discussion? And this requires a Roll Call vote. So, the Amendment's been adopted. The Gentleman's presented the Resolution. And so now the question is, 'Shall the Resolution be adopted?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Will Davis and Representative Rita, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 98 voting 'yes' and 0 voting 'no'. And the Resolution is 09500269.doc 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 adopted. Representative Meyer, you have House Bill 5669. Out of the record. We're going to move to the Order of Senate Bills-Second Reading on page 22 of the Calendar. The first Bill is Senate Bill 1881. Representative Froehlich, do you wish us to read this Bill? Okay. Out of the record. Representative Currie, on Senate Bill 1923. Representative Currie. Do you wish us to read this Bill? Shall we read the Bill on Second? Read the Bill, Mr. Clerk."
"Senate Bill 1923, a Bill for an Act concerning education. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Jakobsson, on Senate Bill 1933. Do you wish us to read the Bill? Read the Bill, Mr. Clerk."
"Senate Bill 1933, a Bill for an Act in relation to public aid. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Holbrook, on Senate Bill 1965. Read the Bill, Mr. Clerk."
"Senate Bill 1965, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. Representative Mathias, on Senate Bill 2014. Read the Bill, Mr. Clerk." 09500269.doc 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"Senate Bill 2014, a Bill for an Act concerning local government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
Speaker Hannig: "Third Reading. Representative Bellock, on Senate Bill 2044. Out of the record. Representative Brady, on Senate Bill 2102. Read the Bill, Mr. Clerk."
"Senate Bill 2102, a Bill for an Act concerning employment. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
Speaker Hannig: "Third Reading. Representative Gordon, on Senate… on Senate Bill 2110. Read the Bill, Mr. Clerk."
"Senate Bill 2110, a Bill for an Act concerning the environment. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."
Speaker Hannig: "Third Reading. Representative Turner, on Senate Bill 2118. Read the Bill, Mr. Clerk."
"Senate Bill 2118, a Bill for an Act concerning courts. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
Speaker Hannig: "Third Reading. Representative Ramey, on Senate Bill 2135. Read the Bill, Mr. Clerk."
"Senate Bill 2135, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed." 09500269.doc 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"Third Reading. Representative Mautino, on Senate Bill 2188. Read the Bill, Mr. Clerk."
"Senate Bill 2188, a Bill for an Act concerning insurance. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
Speaker Hannig: "Third Reading. Representative Lang, on… Representative Lang, on House Bill… on Senate Bill 2210. Read the Bill, Mr. Clerk."
"Senate Bill 2210, a Bill for an Act concerning gaming. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Lyons… excuse me, Representative Currie, on Senate Bill 2240. Representative Currie. Just to read it. Read the Bill, Mr. Clerk."
"Senate Bill 2240, a Bill for an Act concerning human rights. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
Speaker Hannig: "Third Reading. Representative Molaro, on Senate Bill 2295. Read the Bill, Mr. Clerk."
"Senate Bill 2295, a Bill for an Act concerning transportation. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Holbrook, on Senate Bill 2297. Read the Bill, Mr. Clerk." 09500269.doc 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"Senate Bill 2297, a Bill for an Act concerning local government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Verschoore, on Senate Bill 2298. Do you wish us to read this on Second? Read the Bill, Mr. Clerk."
"Senate Bill 2298, a Bill for an Act concerning local government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Winters, on Senate Bill 2302. Do you wish us to read this Bill? Read the Bill, Mr. Clerk."
"Senate Bill 2302, a Bill for an Act concerning State Government. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Nekritz, on Senate Bill 2313. Out of the record. Representative Turner, on Senate Bill 2322. Out of the record. On page 24 of the Calendar, Representative Hernandez, you have Senate Bill 2348. Do you wish us to read this on Second? Read the Bill, Mr. Clerk."
"Senate Bill 2348, a Bill for an Act concerning public aid. Second Reading of this Senate Bill. Amendments 1 and 2 were adopted in committee. No Floor Amendments. No Motions are filed." 09500269.doc 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"Third Reading. Representative Rose, on Senate Bill 2366. Read the Bill, Mr. Clerk."
"Senate Bill 2366, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Mathias, on Senate Bill 2382. Read the Bill, Mr. Clerk."
"Senate Bill 23… Senate Bill 2382, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Yarbrough, on Senate Bill 2387. Representative Yarbrough, do you wish us to read this Bill? Out of the record. Representative Hernandez, on… on Senate Bill 2394. Read the Bill, Mr. Clerk."
"Senate Bill 2394, a Bill for an Act concerning public aid. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Mendoza, on Senate Bill 2401. Okay. So, we'll take this out of the record. Representative Riley, on Senate Bill 2404. Read the Bill, Mr. Clerk."
"Senate Bill 2404, a Bill for an Act concerning finance. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed." 09500269.doc 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"Third Reading. Representative Saviano, on Senate Bill 2424. Read the Bill, Mr. Clerk."
"Senate Bill 2424, a Bill for an Act concerning regulation. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Verschoore, on Senate Bill 2426. Read the Bill, Mr. Clerk."
"Senate Bill 2426, a Bill for an Act concerning criminal law, which may be referred to as the Cyberbullying Law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Lang, Lou Lang, on Senate Bill 2428. Read the Bill, Mr. Clerk."
"Senate Bill 2428, a Bill for an Act concerning civil law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
Speaker Hannig: "Third Reading. Representative Flider, on Senate Bill 2434. Read the Bill, Mr. Clerk."
"Senate Bill 2434, a Bill for an Act concerning regulation. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Mendoza, on Senate Bill 2461. Representative Mendoza. Representative Mendoza, do you wish us to read this Bill? Out of the record. Representative Harris, on Senate Bill 2472. Do 09500269.doc 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 you wish us to read this Bill? Representative Harris, shall we read this Senate Bill? Read the Bill, Mr. Clerk."
"Senate Bill 2472, a Bill for an Act concerning liquor. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. We're going to go back to Representative Yarbrough. You have Senate Bill 2387. Did you wish us to read that Bill? Read the Bill, Mr. Clerk."
"Senate Bill 2387, a Bill for an Act concerning education. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. On page 25 of the Calendar, Representative Howard, you have Senate Bill 2474. Read the Bill, Mr. Clerk."
"Senate Bill 2474, a Bill for an Act concerning State Government. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
Speaker Hannig: "Third Reading. Representative Turner, on Senate Bill 2476. Representative Turner, shall we read this Bill? Read the Bill, Mr. Clerk."
"Senate Bill 2476, a Bill for an Act concerning State Government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments have been approved for consideration. No Motions filed."
Speaker Hannig: "Third Reading. Represen… excuse me, Representative Turner, I'm advised there was an Amendment filed on that Bill today. Did you wish to hold it on 09500269.doc 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 Second or move it to Third? Second. Okay. So, Mr. Clerk, return that to the Order of Second Reading. On… that was Senate Bill 2476. And Representative Stephens, you have, for Representative Watson, Senate Bill 2500. Shall we read that Bill? Read the Bill, Mr. Clerk."
"Senate Bill 2500, a Bill for an Act concerning education. The Bill has been read a second time, previously. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Lou Lang, on House… on Senate Bill 2505. Out of the record. Representative Mendoza, on Senate Bill 2509. Do you wish us to read this on Second? Read the Bill, Mr. Clerk."
"Senate Bill 2509, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
Speaker Hannig: "Third Reading. Representative Molaro, on Senate Bill 2520. Representative Molaro. Out of the record. Representative… excuse me, did you wish us to read that Bill? Representative Molaro, 2520? Read the Bill, Mr. Clerk."
"Senate Bill 2520, a Bill for an Act in relation to public employee benefits. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. And Representative Molaro, on Senate Bill 2526. Read the Bill." 09500269.doc 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"Senate Bill 2526, a Bill for an Act concerning public employee benefits. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Nekritz, on Senate Bill 2536. Representative Nekritz. Representative Nekritz, on 2536. Out of the record. Representative Ryg, on Senate Bill 2538. Read the Bill, Mr. Clerk."
"Senate Bill 2538, a Bill for an Act concerning persons with disabilities. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Reis, on Senate Bill 2562. Read the Bill, Mr. Clerk."
"Senate Bill 2562, a Bill for an Act concerning wildlife. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
Speaker Hannig: "Third Reading. Representative Leitch, on Senate Bill 2581. Read the Bill, Mr. Clerk."
"Senate Bill 2581, a Bill for an Act concerning local government. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Winters, on Senate Bill 2632. Read the Bill, Mr. Clerk."
"Senate Bill 2632, a Bill for an Act concerning economic development. Second Reading of this Senate Bill. 09500269.doc 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Verschoore, on Senate Bill 2640. Read the Bill, Mr. Clerk."
"Senate Bill 2640, a Bill for an Act concerning government. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Bradley, John Bradley, on Senate Bill 2643. Read the Bill, Mr. Clerk."
"Senate Bill 2643, a Bill for an Act concerning revenue. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
Speaker Hannig: "Third Reading. Representative Turner, on Senate Bill 2657. Read the Bill, Mr. Clerk."
"Senate Bill 2657, a Bill for an Act concerning State Government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. On page 26 of the Calendar, under Senate Bills-Second Reading, Representative Riley, you have 2… House… or Senate Bill 2677. Read the Bill, Mr. Clerk."
"Senate Bill 2677, a Bill for an Act concerning local government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed." 09500269.doc 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"Third Reading. Representative Chapa LaVia, on Senate Bill 2678. Do you wish us to read this Bill? Out of the record. Representative McCarthy, on Senate Bill 2679. Read the Bill, Mr. Clerk."
"Senate Bill 2679, a Bill for an Act concerning local government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
Speaker Hannig: "Third Reading. Representative Hamos, on Senate Bill 2696. Do you wish us to read this Bill on Second? Read the Bill, Mr. Clerk. …20… 2696, Mr. Clerk. Okay. Representative McCarthy, your Bill broke the machine. We're frozen on… on that Bill."
"Senate Bill 2696, a Bill for an Act concerning regulation. Second Reading of this Senate Bill. Amendment #1 was adopted committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Lang, on Senate Bill 2722. Read the Bill, Mr. Clerk. So, just to clarify then, we moved Senate Bill 2696 to Third Reading. And Mr. Clerk, would you read Senate Bill 2722 on Second."
"Senate Bill 2722, a Bill for an Act concerning civil law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
Speaker Hannig: "Third Reading. Mr. Clerk, would… Representative Moffitt, do you wish us to read Senate Bill 2748? Read the Bill, Mr. Clerk." 09500269.doc 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"Senate Bill 2748, a Bill for an Act concerning local government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. And Mr. Clerk, read Senate Bill 2749."
"Senate Bill 2749, a Bill for an Act concerning local government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Lou Lang, on Senate Bill 2754. Read the Bill."
"Senate Bill 2754, a Bill for an Act concerning business. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. And Senate Bill 2755. Read the Bill, Mr. Clerk."
"Senate Bill 2755, a Bill for an Act concerning liquor. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Mathias, on Senate Bill 2785. Read the Bill, Mr. Clerk."
"Senate Bill 2785, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed." 09500269.doc 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"Third Reading. And Representative Currie, on Senate Bill 2875. Representative Currie. Shall we read this Bill? Read the Bill, Mr. Clerk."
"Senate Bill 2875, a Bill for an Act concerning revenue. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
Speaker Hannig: "Third Reading. Representative Howard, on Senate Bill 2879. Read the Bill, Mr. Clerk."
"Senate Bill 2879, a Bill for an Act concerning State Government. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Mr. Clerk, read Senate Bill 2887."
"Senate Bill 2887, a Bill for an Act concerning finance. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. And Mr. Clerk… Representative Pihos, on Senate Bill 2907. Did you wish us to read this? Read this Bill, Mr. Clerk."
"Senate Bill 2907, a Bill for an Act concerning education. Second Reading of this Senate Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Pihos, has been approved for consideration."
"Representative Pihos, on the Amendment."
"Yes. Thank you, Mr. Speaker and Ladies and Gentlemen of the House. The Floor Amendment simply prevents these 09500269.doc 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 funds from being swept that accumulate in the School Bus Safety Fund."
"Is there any discussion? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions are filed."
"Third Reading. We're going to move to page 20 of the Calendar, under the Order of Senate Bills-Third Reading. Representative Boland, you have Senate Bill 439. So, out of the record. Representative Osmond, you have Senate Bill 2042. Read the Bill, Mr. Clerk."
"Senate Bill 2042, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"Representative Osmond."
"Thank you, Mr. Speaker. This Bill has been through the House. The first section of the Bill allows the… it clarifies a student under the age of twenty-one (21) that's enrolled in a residential program, the student's education is provided by the school district in which the facility… by the school district in which the facility is located and paid for by the school district in which the residents reside. This passed through the House and was lost last year over in the Senate and Senator Bond reintroduced it and put a second part in dealing with special ed. There has been no opposition to this Bill, so far. And I would appreciate an 'aye' vote."
"The Lady has moved for the passage of Senate Bill 2042. This is on Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' 09500269.doc 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative May. Okay. Mr. Clerk, take the record. On this question, there are 98 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative John Bradley, on Senate Bill 2079. Representative Bradley. Do you wish us to read this on Third? Read the Bill, Mr. Clerk."
"Senate Bill 2079, a Bill for an Act concerning civil law. Third Reading of this Senate Bill."
"Representative Bradley." Bradley, J.: "Last year as you'll recall we made an Amendment to the Drilling Operations Act. This would extend that by agreement to coalbed methane. It's my knowledge this is an agreed Bill between the drilling operators and the Illinois Farm Bureau. And I'd… I would ask for an 'aye' vote."
"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Granberg, Harris, Hoffman, Miller, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 96 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Eddy, you have Senate Bill 2091. Read the Bill, Mr. Clerk." 09500269.doc 31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"Senate Bill 2091, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"Representative Eddy."
"Thank you very much, Mr. Speaker. Senate Bill 2091 has been referred to as the Educator Misconduct Bill. This Bill basically improves a situation that currently exists that has allowed, in many cases, teachers to move from school district to school district perhaps without the knowledge of one district regarding activities in the prior district. And it… it improves the current condition in three (3) basic ways. First of all, it streamlines the investigation and hearing system by holding all hearings before the State Teachers Certification Board. It involves the state superintendent in a more direct manner. And provides the state superintendent with additional powers that may be necessary in order to process a complaint, including subpoena power and requiring testimony of certain witnesses, including the license holder. It also streamlines and clarifies that investigation system in several other ways. The second part is that it improves the reporting mechanisms that are necessary when there is misconduct by a teacher. And it requires notification of misconduct directly from local school districts to the State Board of Education. And it requires superintendents to notify neighboring districts or districts who may inquire regarding a candidate of any findings against that person who wants to move. And lastly, it requires training of educators. Once every two (2) years a school board has to conduct an in-service on educator ethics and 09500269.doc 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 student/teacher conduct. I would be happy to answer any questions."
"Is there any discussion? The Gentleman from McHenry, Representative Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he'll yield."
"Representative, I… I appreciate your efforts here and I… I see what you're trying to do. And it appears that you'd like the state's attorneys… you'd require the state's attorneys to notify regional superintendent of schools for those with teaching certificates who have committed a serious felony, correct?"
"Right."
"I'm wondering, is there a loophole for those administrators that may not have a teacher's certificate? And I'm wondering if maybe we should amend this to include the administration? As you know, we had a very serious incident in McHenry County just last month where a superintendent had taken two (2) young girls across the state line and was caught in a hotel room with these young ladies. And I'm not sure if this Bill would cover that type of incident."
"Rep… Representative, all… all administrators would have the certification that would qualify. So, this would require… I think it's kind of maybe a misnomer to call it the Teacher Misconduct Bill only because it does cover administrators, as well. It… it could even be a situation where a teacher is assigned as an administrator, as a dean of students or a principal. They are covered by this law 09500269.doc 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 because the State Teacher Certification Board would have access to their certificate in the same way that they would, through the same process and the state superintendent being involved in the same way as with a teacher."
"Okay. I… I was… I appreciate that. I wanted to make sure. Do we also want to notify the school boards? And I'm wondering if that might be an Amendment that if you would think might be worthwhile?"
"That's… that's actually something that was added that along with the state superintendent and the regional superintendent that the local district superintendent be advised so that the school board locally could be advised as well. Because you're absolutely right. This could… it could occur where someone's in a different part of the state and… and the regional superintendent could be notified and it would never, ever get to that. So, there was language added to this Bill to take care of specific notification to the district as well. And… and I want to add that this Bill has undergone a lot of those types of scrutiny. It's… it's… state's attorneys have been involved in it, regional offices have been involved, all Management Alliance folks. And that's how I think some of the things that you're bringing up were added to the Bill. And I feel pretty confident they've caught almost all of those cases, but we're… we're always open to try and make it better."
"Well, thank you very much for your… being on this Bill. I think everyone should vote 'aye' on this Bill. I think it's very important and hopefully, it'll close some 09500269.doc 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 of the loopholes that have existed and shouldn't exist anymore in this state."
"Thank you, Representative."
Speaker Turner: "Representative Turner in the Chair. The Gentleman from Cook, Representative Davis, for what reason do you rise? Will Davis." Davis, W.: "Will the Sponsor yield?"
"Indicates he will." Davis, W.: "Representative, in your Bill when it says that it is that… for instance, says that the Board of Education shall conduct certain trainings or things like that, are those things mandatory?"
"Yes." Davis, W.: "They are mandatory?"
"Yes, Sir." Davis, W.: "For… meaning for all school board members, that they must attend?"
"They're man…" Davis, W.: "Does it say…"
"I'm sorry, I think I misunderstood your question. The man… the mandatory training in this Bill is for school personnel. The school board is mandated to conduct the training for school personnel, it is not a required component for school board members. Now, there is legislation that has been discussed that would require school board members to have annual training in a number of areas; a lot of those are fiduciary regarding budgets, regarding appropriations. And I… I support that idea that we should have better trained school boards. This Bill did 09500269.doc 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 not deal with that, this dealt with just the teachers' end of it. And I… I think probably that would be addressed in a… in a… in a bigger Bill." Davis, W.: "Okay. Well, I appreciate that clarification. So, this is the school board shall set up these trainings for school personnel and that they are required… required by school personnel to attend. Correct?"
"That's correct. And… and it's a requirement that at a minimum it take place every two (2) years. And I… it's very specific as to what has to be included in that training. There has to be educator ethics, student/teacher conduct and something that's referred to as school employee student conduct for all personnel." Davis, W.: "Okay. Further as I read, at least our analysis of the Bill, talks about conviction of certain… for certain offenses. Are you creating new… any new categories of offenses by doing this or are these an amalgamation of all the sexual, criminal sexual offenses that currently exist or are you creating something… any new offenses?"
"No. That's a good question. Really, what they did is they… they took several sections of the code and kind of put those together in one place for this Bill. In fact, there are some references in this Bill to even other sections of the code that include other offenses. We're not doing anything new. We're just, I think, they tried to cleanup legislation in other parts of the code and put it here." Davis, W.: "Okay. So, we know we're not creating anything new with this, correct?" 09500269.doc 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"That… that's my understanding is that all offenses that already exist, we're just putting them in this part of the… the code." Davis, W.: "Okay. Does this at anyway… in anyway deal with, and I'll use the phrase, accountability, that's been talked about. When we talk about school funding reform there's always certain people who want accountability. Does this address any of those accountability concerns?"
"No. Representative, I… I think that this was aimed at a particular problem that… that exists. And that problem is the fact that a teacher can be guilty of certain types of behavior, especially involving students in one district and somehow be hired in a neighboring district and no one knew about it. And so, this is an attempt to make sure that that loophole doesn't exist where a teacher can move from one district to another, even though they may be guilty of some type of a… of abuse of a child. This streamlines it so hopefully, that can't happen and there's more reporting. The types of things that you're talking about are equally important. They have to do with other types of accountability to… to report, budget information, to take care of some cases where there've been misappropriation of funds and… and other types of… and hopefully, there'll be some type of language in… in a larger context perhaps when we finally get around to what you and I would like to see, and that's some funding reform as well. Some of those… some of those issues will be included in that. I… that's my hope." 09500269.doc 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 Davis, W.: "Okay. Just one other thing, where you talk about that background checks that need to take place. I assume you're speaking of teachers… correct? When someone wants to be a teacher in a district there's a background check that needs to ensue to make sure that they aren't or haven't been convicted or… of any of these offenses, is that… is that correct?"
"There's currently, for new teachers and new school personnel, a background check. This Bill doesn't deal with that specifically. There… there was legislation introduced this year, I believe, to extend those background checks to other employees who… who are, I think, grandfathered is a best term under the original background check…"
"Bring your remarks to a time (sic-close), Representatives." Davis, W.: "Absolutely."
"So, this… this wasn't aimed at that either. I think there is legislation, though, that is out there that would deal with that type of situation so that those currently employed who were not covered by the original background check Bill, would now have to have background checks. This just deals with teachers who want to move from a district to another. In some cases maybe it appears as if they're trying to avoid their… their past." Davis, W.: "Well, thank… thank you very much, Representative. And… and very quickly, to the Bill. I certainly hope that being in the position that you are as a superintendent, I hope that as… if this legislation is implemented… if this Bill is implemented, that when we come across situations 09500269.doc 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 where there might be extenuating circumstances or ways in which we need to come back and maybe tweak this, I certainly hope that you'll be amendable to listening to those things as we move forward. Thank you."
"The Lady from Cook, Representative Davis, for what reason do you rise?" Davis, M.: "Thank you, Mr. Chairman. Will… Mr. Speaker, will the Sponsor yield?"
"He indicates he will." Davis, M.: "Representative, I'm going to ask… someone was supposed to get to me, excuse me, excuse me… someone's supposed to get to me a list of those offenses?"
"Okay. Did… did… someone from the state board had indicated to you…" Davis, M.: "No, someone… I asked what… a list of the offenses that would allow the state superintendent to deny or suspend for five (5) years someone's teaching certificate."
"Okay. And did someone…" Davis, M.: "I mean, aren't they on here?"
"…from the state board…" Davis, M.: "Don't we know what they are?"
"They're… they're referred to in this and they… they actually are specifically listed in several different parts of statutes. And I… I think the answer I can give you is that, right now, the same offenses would warrant a teacher certificate being removed. There's nothing added to this, there's no new offenses. This is just aimed at if something takes place that's currently a type of offense that would get your certificate taken, this changes the 09500269.doc 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 time and… and the process so that it can be done much more quickly, so that someone who's guilty of, for example, some type of student abuse would not have the… the… the long, sometimes complicated system that exists, that they could go and perhaps work in another school district while this whole thing's being investigated. There is no new offense added. It doesn't change any of those existing offenses." Davis, M.: "Well, I… I think we have things like murder, Class X felony and someone pointed out that those individuals would probably still be in jail. They probably would still be in prison, is that right?"
"Well, perhaps. I mean, I would hope so. I would hope they would be. I think… I think really, though, there are some… some problems with, for example, a… a suspected child abuse, maybe some kind of misconduct involving a teacher that is being founded and while that's happening, sometimes teachers resign from one…" Davis, M.: "Yep."
"…district and move to another. And that's what this is aimed at." Davis, M.: "Representative, this goes far beyond that. This goes far beyond that; a teacher being accused and never being convicted. You're… you're… you're saying that this Bill is aimed at the teacher who is accused of child abuse or child molestation, but doesn't get convicted and moves on to a new district. And this Bill in no way stops that. This Bill does not stop that."
"Representative, this Bill is designed to specifically address the situation where a teacher has had a finding of 09500269.doc 40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 that type of behavior and they move from one district to another before the process is able to take their teacher certificate, because of the existing method that that happened. So, it… it's… it does address those situations and others, but there's nothing new." Davis, M.: "Can we… can we look at #4 and you explain to me what exemptions are there in relationship to drug-related offenses? It says there are… there are exemptions for certain drug-related offenses in which the conditions of probation have been met."
"If… if there is a drug-related offense, a minor offense, that is not a felony, and the person has met their… their societal obligations then, with a hearing, they can have a certificate reinstated. Part of that hearing includes witnesses coming forth to… to discuss the person's rehabilitation, for example, and other good conduct. So, I… I think it refers to the types of minor infractions that may have occurred in someone's past that they… they have quote 'paid the price for'. It doesn't, obviously, take care of felonious activity that we would be concerned with, teachers being in a different school having the same problems that they had in the original school." Davis, M.: "And how is Chicago related… excuse me, related to in this Bill?"
"This… this Bill allows for a teaching certificate for any place in the State of Illinois to be taken by the state superintendent in this manner. So, they're included. Everyone who has a certificate in the State of Illinois is subject to this." 09500269.doc 41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 Davis, M.: "So…"
"We want to protect all children. So, I…" Davis, M.: "…you also state or the Bill states that you can terminate the suspension upon the reversal of a… of conviction or acquittal."
"Well, I think that's just basic due process to anyone who may have been…"
"You want to bring your remarks to a close."
"…someone …someone who may have been convicted and that is overturned, then that person would have their certificate possibly reinstated." Davis, M.: "Excuse me, I'm going to vote for this Bill. But this Bill goes much further than stopping a teacher from transferring from one district to another upon an accusation. I'm not sure it even helps prevent a teacher who's been accused from moving on to another district. But I will vote for your Bill."
"The Lady from Grundy, Representative Gordon, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will."
"Thank you. Representative Eddy, according to your legislation there's going to be an annual line item to the State Board of Education for the money that's going to pay for all this new administrative work. Where's the money coming from and how much is it going to be?"
"The State Board of Education included in their budget this year a line item specifically for teacher misconduct. And I think their request, and I don't have that in front 09500269.doc 42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 of me, was seven hundred and fifty thousand dollars ($750,000) for costs associated with this new mandate."
"So, where's the money coming from exactly, the seven hundred and fifty thousand dollars ($750,000)?"
"Well, the seven hundred fifty thousand dollars ($750,000) would come from General Revenue just as the rest of the state board budget comes from."
"Okay. Now, also according to your legislation unless… right now the way the law is, only teachers who are new or teachers who are moving forward get fingerprinted, correct? No… no teachers who have been teachers for ten (10) or fifteen (15) years or who don't move from district to district get fingerprinted, is that correct?"
"That's correct."
"So, for example, if… if a teacher goes to a bachelor party or a bachelorette party out in Vegas and this teacher's been a teacher for fifteen (15) years and when they're out in Vegas maybe they… they might engage in and get caught in and get convicted of prostitution in Las Vegas in Nevada. That's never, ever going to come back to the State of Illinois. We're never going to know about that as long as they don't move to a different district, is that correct?"
"I… I suppose that's a possible scenario. You're probably… Yeah. I… I would guess that that could happen."
"And… and that's… and that's because we don't fingerprint the teachers that we already have, we only do it going forward from 2004 on, correct?" 09500269.doc 43 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"That's what the current Fingerprinting Law requires, correct."
"Okay. And how many, right now in the State of Illinois, teachers do we have that are not fingerprinted or have not been fingerprinted teaching, whether it's in the Chicago Public School system or anywhere else in the state. Do you know that number?"
"Representative, I don't. But I have a feeling you do."
"No, actually I don't because…"
"I don't, honestly."
"…I asked the State Board of Education and I asked the teachers unions and they would never give me that number. Because I… I attempted to do this type of legislation and they went around me and wouldn't let me. They tried… they did it their own way. So, I just have a few more questions, Representative, about how we're not fixing a problem that actually exists. So, the Ladies and Gentlemen of the House should really listen about how we're not fixing a problem that actually exists in this state. One of the other questions is… that I have is, this… this will only come into effect if… if the Criminal Code comes into play, right? There's no Administrative Code that will be… that will start if… if a teacher has any type of misconduct towards a student or touches them improperly, only if there's a criminal investigation will there be any type of investigation of… of that teacher within that district. Is that correct? Only if there's a criminal investigation?"
"That extends, however, as you know to any reports to DCFS. That after they do an investigation and conduct a 09500269.doc 44 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 due process investigation their duty then would be to report that behavior to the state's attorney for prosecution. So, there is an element of due process in here. So, someone if they're accused there has to be…"
"Right. But according to one of the Senate Amendments with that due process that child… according… and I… my computer for some reason is frozen and I just read it. According to one of the Senate Amendments, with that DCFS investigation going on, that child isn't necessarily going to be… going… that person isn't necessarily going to be followed through the same type of a DCFS investigation that another child would. There's… there's something different about if it's a teacher than… than if it would be a normal… a normal… a regular child who's just abused by someone else."
"Representative, my understanding is that DCFS, if they have been provided an allegation regarding a teacher or any other individual, a parent, that their procedures to investigate to see if there is actually a finding for the accusation, is the same. I… I would not expect a teacher, an administrator, a parent, a member of the community or anyone to be treated differently by DCFS. If… if there's an investigation, they need to investigate fully as to whether or not there's any finding."
"Are you aware right now, Representative, that in the Chicago Public School system that there's a principal who is currently teaching and certified, who, when he was in the State of Indiana was charged and almost… almost… and it was…" 09500269.doc 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"Bring your remarks to a close."
"Thank you, Mr. Speaker. Was at the point of going to trial for statutory rape, but after a payment was made to the family, that trial did not take place. And that… that man is still a certified teacher in the State of Illinois because he was not convicted of anything. Are you aware that that person is still teaching and has a teacher's certificate in this state? Did you know that?"
"Representative, I wasn't aware of that specific case. I think it goes to your point, though. And I don't think it's an invalid point. There are other issues related to making our classrooms safe that need to be addressed. And your legislation, for example, is a good piece of legislation. It says, there's nothing wrong with… with checking out all of our teachers. I think…"
"Right. And… and Representative Eddy, I… I have about 15 seconds le… about 15 seconds and what I want and what I would like is, I want all teachers fingerprinted. I've always wanted that. And I've never, ever been able to have that because it's been stopped by the State Board of Education, it's been stopped by the teachers unions because they've been felt like they've been picked on and that's not the case. It's a case about being… it's a case about the children being safe, safe in their classrooms and safe from… with the people that they are with all day long. And that's all I'm saying. This piece of legislation is… is minor at best. And is a way that the State Board of Education went specifically around my legislation that was 09500269.doc 46 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 filed so that they could get what they wanted or rather what they felt was a solution to a problem…"
"Your time is up."
"…that is still going to exist. Thank you, Ladies and Gentlemen. And I would ask for a 'no' vote on…"
Speaker Turner: "The Gentleman from Bond, Representative Stephens, for what reason do you rise?"
"Well, I… I really would like to hear more, but we've got other issues. And I, with some regret, would move the previous question."
Speaker Turner: "Representative Stephens moves the previous question. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the previous question is put. Representative Eddy to close."
"Thank you very much, Mr. Speaker. Ladies and Gentlemen of the House, I would urge that you take a close look at what this legislation does and the benefits of this legislation. There's no piece of legislation that's going to take care of everyone's concern regarding every specific issue and scenario someone… some might come up with regarding children. I wish there were that kind of a Bill. Representative… (sic-Gordon) idea of fingerprinting is not a bad idea, but that's not what this Bill is. This Bill, in a significant way, improves the safety of children in school districts by making it mandatory that if a school teacher or administrator is trying to run and hide from an allegation, that there was a finding of misconduct, that teacher can be found and that teacher will have their past 09500269.doc 47 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 relayed to the district they're trying to go teach at. That's a significant improvement. It's a streamlined process. It also requires educator misconduct training in a way that we've never required before. There are other things that need to be done. We have to figure out, for example, if we're going to do fingerprinting for everyone if the cost can be incurred by school districts. There's a significant cost, not too high in my opinion, but I would say we need to work on that legislation and another good Bill doesn't mean you shouldn't support a good Bill. And I would request an 'aye' vote."
"So, the question is, 'Shall the House pass Senate Bill 2091?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Lang. May. The Clerk shall take the record. On this question, there are 93 voting 'aye', 4 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 21 of the Calendar, we have Senate Bill 2111, Representative Nekritz. Read the Bill, Mr. Clerk."
"Senate Bill 2111, a Bill for an Act concerning administrative review. Third Reading of this House Bill."
"Take it out of the record. Ladies and… Ladies and Gentlemen, we're on page 21 of the Calendar and we're going down in order. The next Bill will be Representative Mathias, on Senate Bill 2161. Read the Bill, Mr. Clerk." 09500269.doc 48 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"Senate Bill 2161, a Bill for an Act concerning civil law. Third Reading of this House Bill."
Speaker Turner: "The Gentleman from Lake, Representative Mathias."
"Thank you, Mr. Speaker. Senate Bill 2161, all it does is provides that if someone takes out a marriage license in one county and then inadvertently gets married in another county, that marriage is still valid. The fact that he was married in another county shall not invalidate the marriage. This is supported by the Illinois State Bar and the Illinois Association of County Clerks and Recorders. And I ask for your 'aye' vote."
"The Gentleman from Cook, Representative Lang, for what reason do you rise?"
"Thank you. Will the Sponsor yield?"
"He indicates he will."
"Thank you. Representative, I support your Bill because I've seen situations where people get a license in Cook and then they cross over to Lake County and get married at a hotel there and then they go, oops. That's really what this is designed to deal with, correct?"
"That's absolutely correct."
"So, the question I have is, how is 'inadvertence' defined?"
"I will see if it's in the Bill. I don't know if there's an actual definition in the Bill of what's inadvertently solemnized, but you gave an excellent explanation of what it means." 09500269.doc 49 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"Well, so, my concern would be this. Again, I support your Bill, but I know why you're doing it. And who's to determine what's inadvertent, two (2) people winking at each other or… someone's going to have to… if somebody challenged somebody's marriage. Let… let's assume for the sake of argument, let's play a rhetorical game. Let's assume for the sake of argument two (2) people get… want to get married and they get the license in Cook, 'cause that's where they live. Knowing that they're getting married in Lake and they say, 'Well, if anybody questions us we'll say it's inadvertent.' In that case no one's going to know the difference, but what if they get divorced sometime down the line and one of them says, it wasn't inadvertent. You knew that we got the license in the wrong place. So, instead of a divorce, I want an annulment."
"Well, this case arose from a situation where it was inadvertent and the court, in effect, said the marriage was not valid. If… like any other court case, it always goes on the facts of the case and if a judge determines that you intentionally did it, then this law would not apply. And it shouldn't if you intentionally do it. If it's a mistake, if you… as… the example you gave is the best example. And again, it is a factual question like many other factual questions that have to be determined in a lawsuit."
"So, you're not concerned about the last fact pattern I gave you where one of the two (2) parties in a divorce case may allege that it wasn't inadvertent and instead of a divorce they end up with an annulment and somebody doesn't 09500269.doc 50 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 get child support that might be due them or something else. In other words…"
"I… I…"
"…before you answer that, what I'm really asking is, do you think you ought go back and clean up this language?"
"And I… I think it… it's… the whole idea is not to… to have it be the situation where it is intentional. And I think that's what they're trying to… if there was a mistake made and I think that covers it as opposed to intentional. In an annulment situation, child support is still provided. That's already the law in Illinois. It… but there could be, yes. There are issues that can be… that arise, but most people I don't think are going to do this intentionally just knowing the ramifications of what could happen. I think it… it's usually done where there is a mistake made. Where someone, you know, for example, you… I'm from Buffalo Grove and we're in Cook and Lake County. And someone may go to the courthouse in Rolling Meadows, get their certificate and then turn out to get married at our Arboretum Golf Course, which happens…"
"A lovely place, I've been there, Representative."
"…to be in Lake County."
"It's a nice place."
"Thank you. And if they happen to inadvertently say, 'oh well, I'm in Buffalo Grove so there's nothing wrong here', not realizing that they've crossed the county line. And that's what we're really trying… we're not trying to do legislation for people who intentionally do it, but really who do it inadvertently by mistake." 09500269.doc 51 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"Well, I don't want to belabor the point, but that's exactly what I meant. I know what you're trying to accomplish. I'm just wondering if without a definition you have, excuse the expression, inadvertently left something open to the imagination for other possibilities. And I just want you to… if you want to run it this way, I'm going to vote it. I… it's your Bill, but I just think that you ought to give that some thought, that's all."
"Well, I think no matter which way you write the word inadvertently, if you put mistake it's still going to be a factual question, no matter what word you use. Unless you just say, in all circumstances. And that isn't the intent of the Bill."
"Thank you."
"Seeing no further questions, the question is, 'Shall the House pass Senate Bill 2161?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 98 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have Senate Bill 2170. Representative Cross, Leader Cross."
"Senate Bill 2170, a Bill for an Act concerning education. Third Reading of this Senate Bill."
Speaker Turner: "The Gentleman from Kendall, Representative Cross." 09500269.doc 52 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"Thank you, Mr. Speaker. This is a Bill that we voted on some time ago that passed out of here… 91 votes. It's… then went over to the Senate, put on a new Bill and passed out of there 58-0, 'cause it was actually, I think made a better Bill over in the Senate. And it… what it does is, currently under the School Code… the School Code reads that school authorities have the ability to make searches based on reasonable suspicion in school areas of personal effects of students. This Bill would expand that to give teachers that right. But it does provide a fairly good definition, in my opinion, of what reasonable suspicion entails. And that's defined in the Bill. So, it has become a better Bill coming out of the Senate. And I would appreciate an 'aye' vote."
Speaker Turner: "The Gentleman from Cook, Representative Fritchey, for what reason do you rise?"
"Thank you, Speaker. Will the Sponsor yield?"
"Sure."
"Thanks, Tom, just… just so I understand this. I mean, so you… you're not giving police powers to school officials, you're essentially giving them equivalent search authority as law enforcement officials would have on the basis that they're really at ground zero in these types of situations."
"Yeah. Well, currently the statute… and John, I don't know how long ago this became law, if someone could look it up for me. We gave school authorities the ability to make… do searches a long time ago. And the section of the School Code that I have gives them pretty broad authority in 09500269.doc 53 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 places as lockers, desks, parking lots, other school properties, as well as personal effects. This is fairly simple that it now just includes teachers as opposed to just the term 'school authorities'. So, we've already had… schools authorities have already had that authority. There's no… I'm not sure there's a definition of what a school authority is. But what it does do… all I'm attempting to do is add teachers in here in addition to school authority, 'cause they're right there."
"And this is, I mean, it's more a function of my not understanding what it did and just wanted to make sure. So, right… so, presently school administrators have the authority to do this, but teachers didn't."
"Exactly. So, I've just expanded it."
"And more often than not, the administrators may be in an office, but the teachers would be at a point where they'd be able to know something may be going on."
"Exactly."
"That's all I wanted to know. Thanks, Tom. Thank you."
"Thank you."
"The Gentleman from Cook, Representative Lang, for what reason do you rise?"
"Thank you. Will the Sponsor yield?"
"He indicates he will."
"Thank you. Representative, I want to be clear… so, your… the current law allows for school administration, superintendent, principals, those types of people to, let's 09500269.doc 54 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 say, search a student's locker if they have reasonable suspicion of contraband, is that correct?"
"The board may by regulation… I'm just looking at the current law, apparently we passed that back in '95, Representative. It does include superintendent of the district or the principal, assistant principal or dean of students of any school is how they… they talk about it. And this Bill would expand to include teachers."
"And… what…"
"And also, Lou, just so I'm clear. It also defines reasonable suspension (sic-suspicion), which I think was a… a problem for some. And I think it… rightly so. And then Senate, I think, cleaned up… created a better definition. I think that's why it ended up passing out of there 58-0."
"Why would it be not appropriate for a teacher who has a suspicion to go to somebody who currently has the authority?"
"Well, I guess you… the… my argument would be, you're a teacher, it's a safety issue for a classroom. I'm right there, I'm concerned about whatever somebody might have in a backpack or a desk or a locker. Maybe if you had time you could run over, not run over, you could go to the school administrator, go to the principal's office. In a big school, I'm not sure how long it would take to get somebody there. So, I think it's more… I guess to cut to the chase, it's a time issue."
"And… and how is 'teacher' defined? Any teacher in any classroom? Does it have to be the student's own teacher? Can it be a substitute?" 09500269.doc 55 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"I don't know that we defined 'teacher'. It just says, we use the term 'teacher'."
"Thank you. Mr. Speaker, Ladies and Gentlemen, I understand what the Gentleman's trying to do. I, for one, cannot vote for a Bill that allows any teacher in any school to search anybody's locker or backpack anytime they feel like it. I know the Bill says it's only for specified reasons and I know they have to have a reasonable suspicion, but despite the fact that the Bill says that, I'm not comfortable with allowing any teacher walking up and down the halls of any of our public schools to at their will search one student's locker or another student's backpack. I'm not sure we should have given this authority to the administrators, either, but having done that and having found no particular abuse or none I'm aware of in this period of time, I still don't understand why we should give to dozens and dozens of teachers in some of our schools the opportunity to delve into student's private lives and to risk their right of privacy. It seems to me, Ladies and Gentlemen, that this is a Bill that's… that continues to say somehow that students aren't people, that students aren't citizens. That somehow they don't have a right to privacy. You don't give the teachers the right to teach… to search other teacher's backpacks. You don't give the teachers the right to search the gym coach's locker in case there's something in there that may not be appropriate. So, why do students have any less right to their privacy? Why do students have any less right to be respected on the grounds of a school building? There are 09500269.doc 56 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 plenty of people within the confines of a school district that today have the power to do what this Bill now wants to give teachers. Additionally, there's no definition of the word 'teacher'. So, it doesn't necessarily have to be that student's teacher, it could even be a substitute teacher who hears a noise coming from a locker and that teacher's going to go into somebody's locker and search something. Ladies and Gentlemen, we have to draw the line somewhere between our concern about safety at school, which we all share, and our… our responsibilities to treat students and everyone in Illinois, everyone in our state, as a human being with their own right to privacy. I think this is overreaching, I think this is far too strong. And I would urge 'no' votes."
"The Gentleman from Crawford, Representative Eddy, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Sure."
"Representative, under current law the term 'school authorities' is used to describe individuals who can conduct these searches. According to the language in this legislation you've just simply added, 'and teachers, acting on any reasonable suspicion based on professional experience and judgment and acting within the parameters of the policies adopted by the board'."
"Correct."
"So, every school board in the State of Illinois has an existing policy regarding searches of students, lockers, 09500269.doc 57 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 property, cars, you name it. So, all this does is says that that teacher must act within the scope of those existing policies. Those policies are formed based on Supreme Court cases which set the standard for those searches. This very simply clarifies the fact that if a teacher follows the same policy and they have a concern regarding the safety of students, that they can conduct a search. This does not reinvent policies and it doesn't change the TLO decision regarding student searches, does it?"
"No."
"It goes on to say, if the inspection or search is conducted to ensure that classrooms, school buildings, school property, and students remain free from the threat of illegal drugs, weapons and other dangerous substances or material, reasonable suspicion can be used. And that means you have to reasonably believe that that person is engaged in a prohibited activity. There are standards for this that are required. School districts can't just search kids or lockers. They can't do it now. They can't do it under this Bill. This just adds in schools another professional category and that's teachers. And hopefully, we all want our schools to have that extra set of eyes. If a student's rights are violated during a search today by an administrator, they have due process. They can go to court and claim that there wasn't the standard of reasonable suspicion that was used or that they were searched illegally. They can still do that if a teacher acts inappropriately. You know it's interesting that we all 09500269.doc 58 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 want our schools to be safe. And then every once in awhile a tragedy occurs of… of unspeakable proportions and we all have summits. And we all try to figure out what we can do to try to make those schools a little bit safer. Now, it would seem to me one of the most reasonable things we can do is to extend to the professionals that are with our students and may know what's going on in the school, more than the administrators with certain individuals, we extend to them the right to look for things that could cause harm to other students. Tremendously reasonable approach. It clarifies probably what's being done in many cases already. It reinvents nothing. If you look for a red herring, you'll find a red herring. There's no red herring here. This is simply good common sense. Teachers can… in most cases if they… they have an in loco parentis status anyway. They… they can, in most cases, do this thing. Representative Cross has brought a very reasonable and… and a much needed clarification to… to an existing statute. And for the safety of students, this… this could allow for something to be found, something to be investigated by a teacher that could save a student or save a school district from a lot of problems. I urge an 'aye' vote."
Speaker Turner: "The Gentleman from DuPage, Representative Reboletti, for what reason do you rise?"
"Thank you, Mr. Speaker. To the Bill. Having looked at the constitutional law and the cases, my… last time I looked here, unless something happened today, is that we already have a lesser expectation of privacy in our public schools. That's the state of the law. So, going in 09500269.doc 59 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 to that, all Leader Cross is trying to do is give other individuals, the teachers, the people that we put trust into already to be able to have another set of eyes as Representative Eddy stated to watch out for the activity. They get to know their students, they get to know what's happening in their classrooms. They hear about things that are occurring. And there may be exigent circumstances where the teacher has the opportunity to take some type of productive action immediately instead of trying to reach out to the… the police officer that's in our schools. We already have police in our schools, that's sad enough as it is, to provide safety. We have schools that have extra security there every day. Not because there's some type of special problem that's going on there. And now we see the different tragedies that have befallen this state. We have drugs in our schools, there are guns in our schools. This is an opportunity for teachers to intervene and make the right decisions at the right time to keep our students and our faculty and our staff safe. And I would urge an 'aye' vote."
"The Lady from Cook, Representative Flowers, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Gentleman yield?"
"…"
"Certainly."
"Representative, as the previous speaker just spoke and said that we already can do this. So, why is the Bill necessary by the federal statute that was passed?"
"What… well, what…" 09500269.doc 60 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"In regards to the court ruling back in 1984 that a search warrant is not necessary to search a student's belonging, as long as there's reasonable suspicion."
"We do two (2) things in this Bill. We, right now, have the authority or we give the authority to school authorities to do this. This Bill, I think, as Representative Eddy said, is very simple that it expands that to include teachers. What we do do in this Bill that I think is important is we… which was not the case until this Bill came along, is define reasonable suspension… suspicion that, I think, in some people's mind was left open in… in somewhat of a broad way and really for that matter, guided by the courts. So, by putting in the term 'reasonable suspicion' and defining what we think that is, we've, I believe, made this a better Bill 'cause the reasonable suspicion now applies to the school authorities that already have this authority."
"Well, I guess I need to understand what do you mean by reasonable suspicions?"
"Well…"
"And you are further expanding it, it appears to me, that you would be putting limitations on it. And maybe that's the reason why House Bill 3730 was not called to be concurred upon because that language was put in also. And it was never called to be concurred with. So, it appears to me that we already have this language. It was done back in 1984, that a search warrant is not necessary to search a student's belonging because reasonable suspicions is enough. Now, what… how can you expand on what's reasonable 09500269.doc 61 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 because that's up to one's… one's expectations… different one's expectations."
"Well, Representative, I think I'm following and I apologize for being a little slow on it. But what we do and if you look on page 4 of the Bill, we have teachers utilizing what we say is acting on any reasonable suspicion based on professional experience and judgment. People that are in a classroom every day looking at kids, know how they act, know their student, know who their students are. And then we go on to say, reasonable suspicion shall be construed using in the reasonable person standard in which a person in the same circumstance could reasonably believe another person has been, is, or about to engage in a prohibited activity. That's new and that's what came out of the Senate where it passed 58-0. We added that… that language was added in the Senate."
"Well, Representative, I guess, in my opinion you just made my case. The things that you just enunciated that the teachers and other administrators and the principal can already do. If they have a reasonable suspicion that something is going on with this child, current law says that they can search."
"Everybody but the teacher under current law can search. And what we're…"
"Well, maybe because of the previous Bill that Representative Eddy just enunciated is the reason why the teachers maybe they shouldn't be able to search. Thank you very much." 09500269.doc 62 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
Speaker Turner: "The Gentleman from Cook, Representative Molaro, for what reason do you rise?"
"Thank you. Just a couple of quick questions and a comment. Will the speaker (sic-Sponsor) yield?"
"He indicates he will."
"Mr. Leader, is… let's say for instance… we're going to page 4, not so much the party, but the second part says, 'if the inspector in search is conducted to ensure that classrooms and reasonable suspicion.' Let's assume there is no reasonable suspicion, that the teacher's just… was goofy and decided, I want to search everybody's backpack and everybody's locker. And they actually find something. Is… is this like a police officer who doesn't have a reasonable suspicion, everything they find gets thrown out?"
"Bob, I… I guess… Roger talked about this. The board's got to have a policy. This dictates that a board has a policy on how these things are going to be handled, what the repercussions are. And my opinion would be, and my answer would be, you… you'll go to whatever local policy they have with respect to how it's handled by the teacher or for that matter, how it's handled by any school authority."
"Well, yeah, I must… I must be getting old and as a Democrat sometimes when you get old you get a little more conservative. I was just talking to one of the attorneys up there and I was just talking to a colleague here. You know, it reminds me of when I asked some of the NRA guys to give us a vote on a gun Bill just to see if it works out, 09500269.doc 63 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 probably isn't, but just to see if it works out. That's the way I'm leaning towards this one. You know, I went to a grammar school not too long ago and I saw they had metal detectors in the grammar school in Chicago. Can you believe that? A metal detector in a grammar school. And then, this young girl had to be about eight (8) years old and she has a backpack… I see Roger… she had a backpack and some 6 foot 4 policeman was going through this eight-year- old's backpack because when she went through the metal detector it went off. Now, think of that picture in the United States of America. So, I guess… the reason I guess I'm going to vote for this we all… what it does it removes that one step, 'cause I assume right now if there's reasonable suspicion by the teacher they can go to the principal or the… whatever they, not commander…"
"Any of the authorities."
"…or a guy like Eddy and do it."
"Could be a dean of students…"
"Right."
"…could be a principal, could be a superintendent."
"And it just… yeah. And I've had, you know, five (5) kids that all went through high school and grammar school and I don't know maybe we should check their backpack, I don't know. Probably going to vote for the Bill even though I do want to know, even with school policy, maybe a lawyer could get this. If they find out that it goes against school policy, so the teacher was wrong. And their school board believes they were wrong, there was no reasonable… is that the word you use here… reasonable 09500269.doc 64 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 suspicion, the teacher was just completely out of line and they find drugs. Just like a police officer who's out of line, that evidence is thrown out, you can't use it. Would that be the same way here? Roger's nodding his head. I guess that's good enough for me. But if someone could answer that later and… you know, someone. Anyway, that's all I have to say."
"You're… All right. Thanks, Bob."
"The Lady from Cook, Representative Davis, for what reason do you rise?" Davis, M.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Of course." Davis, M.: "Thank you. Representative, did we just pass Senate Bill 2091?"
"I… I assume we did, I don't know, Representative. I wasn't out here all… at that time." Davis, M.: "Senate Bill 2091 says that we have teachers who may have been convicted of a Class X felony, we have teachers who may lose their license because of sex or narcotic offenses. Now, if we have these kinds of troubled people in the classroom, why would we trust them to all of the sudden search students? We just said these… these may be some dangerous people. We just passed a Bill almost unanimously that said they could lose their certificate for five (5) years for some of this behavior. And now we want to say, they're all perfect and can search a kid's bag. Representative, which is it?" 09500269.doc 65 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"I'm worrying about this particular Bill that right now says, the law currently says, principal, you can do it; school superintendent, you can do it. Now…" Davis, M.: "Do you know why? The reason they said principals is because teachers should be free to teach."
"I think they should too." Davis, M.: "If the teacher is going to be burdened with going through thirty-two (32) book bags or looking in someone's lunch package, when will the teacher have an opportunity to teach? Now, the reason this responsibility was given to administrators is because that's what they're for. Principal's office, I suspect something unsavory is in a kid's bag. Principal, would you or the security guard come and check this class bag? I want to teach school. I don’t want to go through everybody's bag. And especially, if I'm about to lose my certification because they have convicted me of a drug offense. Am I the one who's going to put something in a kid's bag? We can't have it both ways. Teachers should be permitted to teach the subjects they're supposed to teach. Administrators are to administer the policies of the State Board of Education. A principal should be called upon to go through bags if that's what they suspect they need to do. What time is there left? Ask Representative Bassi. Ask Representative Bassi, with her list of mandates. Ask her, when will people have time to search the kids. Some kids you see you suspect them every day. I suspect him today, I suspect him today. Do I search them every day? As my colleague, Representative Molaro mentioned, there are metal detectors. Kindergarten 09500269.doc 66 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 children are going through metal detectors. Security guards are in the buildings. They're getting paid. Let the teacher teach. Let the teacher be safe in teaching a class of students. Let the principal become the policeman. What are we doing to our children and our schools? One minute you just said they were so bad the superintendent can suspend their certificate. You said they maybe ex- murderers, they may be felons, they may be drug addicts, they may be selling narcotics. Now, you say they're good enough to search a kid's bag. You can't have it both ways. Vote 'no'."
Speaker Turner: "The Gentleman from Bond, Representative Stephens, for what reason do you rise?"
"Mr. Speaker, on behalf of my fifth grade teacher who would do what she wanted, when she wanted to do it and I'd better like it. I move the previous question."
Speaker Turner: "Representative Stephens moves the previous question. All those in favor say 'aye'. Previous question is put. Representative Cross to close."
"I don't take the comments from those that oppose this lightly. And… and I understand you… you, I think, make some valid points. We don't want teachers on witch hunts, we don't want teachers to pick on kids because they don't like them. We want teachers to teach. I agree with that. But I also understand, as do all of the people in this House, that we are no longer in a world that Norman Rockwell saw many, many years ago. We are in a world that is not as pleasant as we would like it to be. And unfortunately, teachers are going to pick up some more 09500269.doc 67 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 responsibility. We have given that responsibility to school authorities. This Bill simply says, teachers, you have the authority to look in a bag. It's a safety issue. It's a timing issue. School authorities are not always there. This Bill is better than the one I originally filed because it defines 'reasonable suspicion'. As a result of that, it passed out of the Senate 58-0. And I would appreciate an 'aye' vote."
"So, the question is, 'Shall the House pass Senate Bill 2170?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 84 voting 'aye', 12 voting 'no', 2 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Cook, Representative Molaro, for what reason do you rise?"
"Well, I have an inquiry of the Chair since I… really it's of a Member, but I can't ask a Member directly. So, I'm asking you to ask. There were two (2)… twice in a row Representative Stephens moved the previous questions. What does he have cooking tonight? I mean, do you have some kind of hot date that we don't know about? What's going on that you moved… you must have a wonderful agenda tonight that two (2) in a row you moved the previous question. And I want to know what it is, that's all, I'm just curious. So…" 09500269.doc 68 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"Don't answer that on the microphone. Don't answer it on the microphone. If you want to go see…"
"Mr. Speaker, I want the world to know that I am a happily married man."
"With something cooking. Okay. On page 21 of the Calendar, we have Representative Mautino, on Senate Bill 2290. Read the Bill, Mr. Clerk."
"Senate Bill 2290, a Bill for an Act concerning aging. Third Reading of this Senate Bill."
Speaker Turner: "The Gentleman from Bureau, Representative Mautino."
"Thank you. This is an initiative of the optometrists and it's identical to the Bill that passed out of here 118- 0. It's… removes the word 'child' from the Child Abuse and Reporting on Negligence Act. And just says that the optometrists must report anyone… any abuse, whether it be child, adult, elder abuse. Know of no opposition. And ask for an 'aye' vote."
"Seeing no questions, the question is, 'Shall the House pass Senate Bill 2290?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 98 voting 'yes', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Froehlich, on House… Senate Bill 2396. Read the Bill, Mr. Clerk."
"Senate Bill 2396, a Bill for an Act concerning transportation. Third Reading of this House Bill." 09500269.doc 69 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"Thank you, Mr. Speaker. Senate Bill 2396 is a proposal that came from the Secretary of State's Office. It does a couple of things. It expands the use of restricted driving permits to allow an individual to transport children, normally their children, to and from daycare. And it would raise one fee from twenty dollars ($20) to thirty (30) for people that are on a monitoring device, required… an ignition interlock device. I know of no opposition. I ask for an 'aye' vote."
"Seeing no questions, the question is, 'Shall the House pass Senate Bill 2396?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Coulson. The Clerk shall take the record. On this question, there are 95 voting 'aye', 3 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is declared passed. All those… on page 21 of the Calendar, we have Senate… Senate Bill 2422, Representative Franks. Read the Bill, Mr. Clerk."
"Senate Bill 2422, a Bill for an Act concerning business. Third Reading of this House Bill."
"Thank you, Mr. Speaker. Senate Bill 2422 amends the New Vehicle Buyer Protection Act to include fire departments, fire protection districts or township fire departments that purchases or leases for a period of at least one (1) year a new vehicle from the seller. This is so they'll be protected as any other consumer. And it's a good way to protect our tax dollars when they're spent for very important issues such as fire trucks and also to make 09500269.doc 70 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 sure that our firemen are safe. I'd be glad to answer any question."
"Seeing no questions, the question is, 'Shall the House pass Senate Bill 2422?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 98 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Osmond, on Senate Bill 2431. Read the Bill, Mr. Clerk."
"Senate Bill 2431, a Bill for an Act concerning safety. Third Reading of this Senate Bill."
"The Lady from Lake, Representative Osmond."
"Thank you, Mr. Speaker. Senate Bill 2431 amends several Acts to change reference to the Department of Nuclear Safety to the Illinois Emergency Management Agency. The department was abolished in 2003 and its duties were referred to IEMA. There is no opp… there was no opposition in the Senate. And I would be happy to answer any questions."
"Seeing no questions, the question is, 'Shall the House pass Senate Bill 2431?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 98 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is 09500269.doc 71 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 hereby declared passed. Representative Fortner, on Senate Bill 2435. Read the Bill, Mr. Clerk."
"Senate Bill 2435, a Bill for an Act concerning civil law. Third Reading of this Senate Bill."
Speaker Turner: "The Gentleman from DuPage, Representative Fortner."
"Thank you, Mr. Speaker, Members of the House. Senate Bill 2435 will establish that for any judgments providing injunctive or declarative relief, that there would be a separate application that would provide for what the just cause would be for having a stay for that… that declaration. Be happy to answer any questions."
Speaker Turner: "The Gentleman from McHenry, Representative Franks, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Mr. Fortner, are you aware that we had passed a similar Bill by Representative Durkin? Yes?"
"Yes, I am aware of that. And…"
"Okay. And… and you realize that he took that Bill out of the record to amend it because the way it was written it wasn't equitable to all those involved, yet this Bill seems to be the exact same language as the original Bill, before it was amended?"
"No, this Bill has the… this Bill has the Amendment. It was approved in committee."
"All right. I… my analysis doesn't show that."
"I… let… I can read you the Committee Amendment as it was…" 09500269.doc 72 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"Does it make it identical to what Representative Durkin had passed after the Amendment?"
"Yes, it does."
"Okay. Then I… then that's fine. And I just wanted to make sure, 'cause our analysis didn't indicate that. So, thank you for making that change."
"You're welcome."
"Seeing no further questions, the question is, 'Shall the House pass Senate Bill 2435?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 98 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Fortner, on House Bill 2473. Read the Bill, Mr. Clerk."
"Senate Bill 2473, a Bill for an Act concerning health care. Third Reading of this Senate Bill."
"The Gentleman from DuPage."
"Thank you, Mr. Speaker, Members of the House. Senate Bill 2473 amends the provisions related to the health care registry for bioterrorism. And simply adds that the Department of Public Health could… can also access that registry for doing planning exercises related to bioterrorism."
"Seeing no further questions, the question is, 'Shall the House pass Senate Bill 2473?' All those in favor should vote 'aye'; all those opposed vote 'no'. The 09500269.doc 73 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Riley. The Clerk shall take the record. On this question, there are 98 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mathias, on Senate Bill 2486. Read the Bill, Mr. Clerk."
"Senate Bill 2486, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
Speaker Turner: "The Gentleman from Lake, Representative Mathias."
"Thank you, Mr. Speaker. This Bill is identical to Representative Mautino's Bill that we passed unanimously last week dealing with wellness… health care wellness incentives. And we… I believe we went over the Bill last week, I'd be glad to do it again. But it's… the identical Bill would… it's now in the Senate. And I ask for your 'aye' vote."
Speaker Turner: "The Gentleman from DuPage, Representative Reboletti, for what reason do you rise?"
"I'm going to yield 5 minutes to my seatmate, Chapin Rose, who put my speak button on."
"Being no further questions, the question is, 'Shall the House pass Senate Bill 2486?' All those in favor vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Yarbrough. The Clerk shall take the record. On this question, there are 98 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the 09500269.doc 74 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 Constitutional Majority, is hereby declared passed. Representative Froehlich, on Senate Bill 2494. Read the Bill, Mr. Clerk."
"Senate Bill 2494, a Bill for an Act concerning transportation. Third Reading of this Senate Bill."
Speaker Turner: "The Gentleman from Cook, Representative Froehlich."
"Thank you, Mr. Speaker. Senate Bill 2494 is an idea of the DuPage State's Attorneys Office to narrow a loophole in the DUI law. Currently, somebody commits a DUI while already suspended or revoked for a previous off… DUI in Illinois they can be charged with a Class IV felony. This Bill would apply that same standard to a DUI offender who was suspended or revoked in a… another state for the same offense. I know of no opposition. I ask for an 'aye' vote."
"Seeing no questions, the question is, 'Shall the House pass Senate Bill 2494?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Bost. The Clerk shall take the record. On this question, there are 97 'ayes', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. We have Senate Bill 2506, Representative Holbrook. Read the Bill, Mr. Clerk."
"Senate Bill 2506, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
"The Gentleman from St. Clair." 09500269.doc 75 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
"Thank you, Speaker. Senate Bill 2506 formalizes into statute the practice which the Department of Public Health is already engaged in, in matters settling issues arising from long-term care. I know of no opposition. It passed unanimously from the Senate and unanimously out of committee."
"Seeing no further questions, the question is, 'Shall the House pass Senate Bill 2506?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 98 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. We're going to page 35 of the Calendar, dealing with Motions. Starting with the first one will be Representative Bellock, House Bill 3203. The Lady moves to table House Bill 3203. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Motion passes and the Bill will be tabled. Representative Riley, on House Bill 4334. Representative Riley moves to table House Bill 4334. All those in favor say 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And House Bill 4334 will be tabled. Representative Rose, on House Bill 5912. He moves to table 5912. All those in favor say 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And House Bill 5912 will be tabled. Representative Beiser, on House Resolution 818. He moves to table that 09500269.doc 76 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008 Resolution. All those in favor say 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is tabled. Representative Flowers, on House Bill 4442. The Lady asks leave to move the Bill back from Third to Second. With leave of the Body, we will move the Bill back to Second Reading. Mr. Clerk, Agreed Resolutions."
Clerk Bolin: "Agreed Resolutions. House Resolution 1319, offered by Representative Sacia and House Resolution 1321, offered by Representative Miller."
"Representative Currie moves for the adoption of the Agreed Resolutions. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolutions are adopted. Mr. Clerk, committee announcements."
Clerk Bolin: "The following committees will meet tomorrow morning: at 8:30 the Appropriations of Elementary & Secondary Education Committee will meet in Room 118; the Appropriations-Higher Education Committee will meet in Room 114. That's at 8:30, Appropriations-Higher Education and Appropriations-Elementary & Secondary Education. At 9:30 tomorrow the following committees will meet: Agriculture & Conservation in Room 122B, Environmental Health in Room C-1 and State Government in Room D-1. The following committees will meet at 10:30 tomorrow morning: the Executive Committee in Room 122B and the Insurance Committee in Room C-1. One committee for tomorrow morning has been canceled: the Higher Education Committee at 10:30 has been canceled." 09500269.doc 77 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 269th Legislative Day 5/19/2008
Speaker Turner: "Seeing no further announcements, Representative Lang moves that the House stands adjourned until Tuesday, May 20 at the hour of 11 a.m., allowing perfunctory time for the Clerk. Representative Lang, again, moves that the House stands adjourned 'til Tuesday, May 20 at the hour of 11 a.m., allowing perfunctory time for the Clerk. All those in favor should say 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the House now stands adjourned."
"House Perfunctory Session will come to order. Introduction and Reading of House Bills-First Reading. House Bill 6644, offered by Representative Wait, a Bill for an Act concerning revenue. House Bill 6645, offered by Representative Hassert, a Bill for an Act concerning finance. House Bill 6646, offered by Representative Tryon, a Bill for an Act concerning State Government. First Reading of those House Bills. Senate Bills-First Reading. Senate Bill 887, offered by Representative Turner, a Bill for an Act concerning regulation. First Reading of this Senate Bill. There being no further business, the House Perfunctory Session will stand adjourned." 09500269.doc 78