"The hour of 11:00 having arrived, the House will be in order. 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 the Pledge of Allegiance. We shall be led in prayer today by Reverend Larry S. Bullock, who is the Senior Pastor of Living Faith Cathedral Worship Center in Barrington. Reverend Bullock is the guest of Representative Crespo.
Let us pray. We lift thine eyes until the hill. Where does our help come from? Our help cometh from the Lord, the Maker of heaven and earth. The Lord watches over us and the Lord is your shade at your right hand. The sun will not harm you by day nor the moon by night. The Lord will keep you from all harm and He will watch over your life. The Lord will watch over your coming and going, both now and forever more. Eternal God, our Father, we bless You and we honor Your name. And God, we ask that You would come into this sacred space at this sacred moment, and You would touch hearts and touch minds. That what we do here and what we say will honor You and give glory to Your name. Lord, we know that we have a call and a cause and these Your man servants and these Your woman servants have committed their lives to improve the lot of the entire world. And so God, may the decisions made in this chamber, bless the citizens of the State of Illinois and may God, we have an increase in Your grace and Your love and Your mercy, Amen." 09500272.doc 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"And Representative Fritchey, will you lead us in the Pledge?"
"I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
Speaker Hannig: "Roll Call for Attendance. Representative Currie."
"Thank you, Speaker. Please let the record reflect the excused absences of Representatives: Will Davis, Rich Bradley, Elga Jefferies, Harry Osterman, and Eddy Washington."
"Representative Bost."
"Thank you, Mr. Speaker. Let the record reflect that Representative Dunn, Black, and Watson are excused on the Republican side of the aisle today."
"Mr. Clerk, take the record. There are 110 Members answering the Roll Call, a quorum is present. Mr. Clerk, read the Resolutions."
"Introduction of Resolutions. House Resolution 1333, offered by Representative Jefferies. This Resolution is referred to the House Rules Committee."
"We've got a few House Bills-Third Reading we'd like to start with. House Bill 5067, Representative Saviano. Out of the record. Representative Jefferson, you have House Bill 2310. Representative Jefferson. House Bill 2310. Read the Bill, Mr. Clerk."
"House Bill 2310, a Bill for an Act concerning local government. Third Reading of this House Bill." 09500272.doc 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"Representative Jefferson."
"Thank you, Mr. Speaker, Members of the Committee. Twenty-three ten (2310) is a Bill that relates to the City of Rockford and more importantly relates to truancy problem that we're having there. House Amendment #1 guts and replaces the Amendment of the shell Bill. Amends the Municipal Code by allowing municipalities to include a graduated fine scheduled for repeated offenders of truancy not to exceed a hundred dollars ($100). House Amendment #1 also designates local officials, authorities who enforce, prosecute, adjudicate municipal ordinances adopted pursuant to this Section or who work with school districts to address truancy problems as the follower. It's a great piece of legislation for the City of Rockford and helps us to deal with truancy on a day-to-day basis. We've got a chronic truancy problem in Rockford and this helps us to deal with it better. So I would ask for your support, and I will answer any questions."
"The Gentleman moves for the passage of House Bill 2310, and on that question, the Gentleman from Crawford, Representative Eddy."
"Thank you, Speaker. Will the Sponsor yield?"
"Indicates he'll yield."
"Representative, is this legislation only for the City of Rockford? You mentioned that several times in your comments, but does it also apply to all jurisdictions, all municipalities?"
"This legislation applies to Rockford only as the fact of the matter it gives us the ability to deal from 09500272.doc 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 school district to the local authorities to be able to handle this information as it relates to truant individuals so that the court system set-up can deal with the situation."
"Okay, so for the City of Rockford only, a fine can be imposed by municipal ordinance and that fine cannot exceed a hundred dollars ($100) under this?"
"Not to exceed a hundred dollars ($100) or community service."
"My understanding… also, the… the age of a violator is not… now ten (10) and under, and this would change that for… to age thirteen (13)?"
"Absolutely."
"What's the rationale behind be the age change?"
"The rationale is that we want to hold individuals that are understandably responsible and at ten (10) years old we don't know if you really are able to understand the problems that you incurring. But at thirteen (13) you should be able to understand the ramifications of the truancy violations that you… you cause."
"So in other words, if you're going to impose up to a hundred dollar ($100) fine, you want the age to increase so that there's kind of a correlation between that increase in age and the fact that a fine is involved in this?"
"More or less, yes."
"Okay, Representative, thank you. Appreciate your answers."
"Thank you." 09500272.doc 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"The Gentleman from Champaign, Representative Rose."
"Thank you, Mr. Speaker. Will the Gentleman yield for a question?"
"He indicates he'll yield."
"Representative, I just heard you say that the rationale for this… good morning, Representative, that the rationale for this was because at thirteen (13) you know what you're doing. Is that what you just said?"
"I say you would better know what you're doing."
"You better know what you're doing so…"
"You better understand what you're doing, not necessarily say that you know completely, but you have a better understanding."
"Okay, so you better understand that you should go to school and not be truant."
"Absolutely."
"All right. Then why are you giving the hundred dollar ($100) ticket to their parents?"
"We're giving the hundred dollar ($100) ticket the individual, but the parent's responsibility is to be part of that process. They're also included in that as a community service, so it might not necessarily be a hundred dollar ($100) fine."
"Is the ticket then… maybe I understood this. Does the ticket go to the parents or not?"
"The tickets go to the parents, yes."
"Okay. So again, if as you say, thirteen year olds are better able to understand what they're doing and they show 09500272.doc 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 up truant, why are you giving their parents a hundred dollar ($100) ticket?"
"The parents are ultimately the ones that probably are going to pay for the fine anyway."
"Representative, look, we talked about this in committee and I give you this analogy: Ronnie Cadwalader spent all of eighth grade, every weekend of eighth grade, in the county jail, in my Charleston Junior High School, now Charleston Middle School. And while the rest of us are going off to the movies on Friday night, he'd go off to the county jail and they'd let him back out and come back Monday morning. He went there for stealing his mom's car in eighth grade and probably a whole host of others things before that, but anyway, he had the unfortunate… he had the misfortune actually by bringing the car home after his mother had reported it stolen and so of course, was arrested for theft of a vehicle, blah, blah, blah… so forth and so on. His mother could no more control his actions than anybody, so why… I mean again, Representative, I understand the ten (10) and under, but at thirteen (13) you can go out and rack up a heck of a bill for your parents, you're mad at them. You're mad at them, Representative, so what, you don't show up for school for a week. There's five hundred bucks. ($500). You're really mad at them, so you don't show up for two (2) weeks. There's a thousand dollars ($1,000). If as you say, Representative, they have a better understanding of what they're doing, they know they should be in school, why are you giving the tickets to the parents? I rest my case, Representative." 09500272.doc 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"Representative, thank you very much. I understand your analogy about the car stealing part, but I don't understand what that has to do with truancy."
"Representative, what it has to do with truancy is this. Mr. Cadwalader was in eighth grade. You're dealing with an age group that is junior high school kids, and all I'm saying is, junior high school kids have the propensity, the knowledge, the ability to do all kinds of things. Yet, you're going to stick their parents with a hundred dollar fine ($100)?"
"The parents are going to be responsible for this ten (10) years of age or thirteen (13) years of age. All we're trying to do is involve the parents in the process. We know that they should be involved and they're not…"
"And I don't have any objection to that."
"…always involved, Representative."
"I don't have any objection to that, the parents should be involved. The parents should be at the court hearing, the parents should be intimately involved, intricately involved. But at the end of the day, you're fining the wrong person. And all I'm saying is, there's some parents out there that can't control that, and again, I mean… I hope that… I hope that none of our kids, you know, ever get mad at us and decide to skip a day of school and stick us with a fine. But if they did, I don't understand what the point of it is. So Representative, we just have a fundamental disagreement and I'm sure you'll have enough votes to pass this anyway, Sir. But all I'm saying is, 09500272.doc 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 when you have a truancy problem next year, don't say I didn't tell you so."
"Thank you, Representative."
"Representative Reboletti."
"Thank you, Speaker. Will the Sponsor yield?"
"Indicates he'll yield."
"Representative, it's not really your intention to have this as some type of fee increase for parents to help balance any budget. You're just hoping to get the attention of the parents after the hearing officers have brought the parents there, have brought the child there. Maybe they've given community service to the child. Maybe they've… and they've sat down with the child that would be basically a last resort. Is that your intention, Representative?"
"Absolutely, Representative. You're reading that exactly correct."
"And what is the truancy rate in Rockford right now?"
"At one point we were 9.7, I think it's dropped to about 7.8, but we're still one of the highest in the State of Illinois."
"And you're… you're very hopeful that this may give you an extra tool to reduce that truancy so that we don't have… we have students in school where they belong and not out doing other things?"
"You're correct. You know, anything we can do to try and keep these kids in school, I think we have to do it. We know that 80 percent of the kids that are in the 09500272.doc 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 penal institution are kids that don't graduate from high school, so is just another mechanism being put in place to try and deal with that situation and cut down on recidivism and all the other things that relate to our community."
"Representative, I appreciate that, even though my seatmate gave a very charming speech on the other side, I will support your legislation."
"Thank you very much."
"Representative Schmitz."
"Thank you, Speaker. Will the Sponsor yield?"
"Indicates he'll yield."
"Representative, I’m just going through our analysis real quickly here. Does the School Management Alliance, did they end up with a position on this Bill?"
"I'm sorry, Representative, I could not hear that. If we could get a little quiet in the chamber, Mr. Speaker. A little quiet. Thank you. If you could repeat the question."
"Thank you, Speaker. Representative, did the School Management Alliance formulate an opinion on this Bill?"
"Yes, they have. They are in agreement with the city to work hand in hand to deal with this truant situation."
"And I was having trouble hearing earlier, is this true this does affect all districts in the state?"
"This would be across the state from what I'm being told."
"This is statewide, is that what…"
"Statewide, yes." 09500272.doc 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"So, if I get my son all ready to school who's in middle school and he gets his backpack on, he gets his jacket on, he heads off to school, and I say bye to him and then I find out later he skipped school, I'm going to get soaked for a hundred dollar ($100) fine?"
"What I’m being told, Representative, that this gives the municipality the discretion to pass the ordinance to do this. But they would have to pass an ordinance in order to do this."
"So the local community, the city council or the village board would pass a…"
"Right, absolutely."
"…their ordinance to make this enacted. I guess that leads me to my next question, 'cause I'm kind of nervous about, you know, with the kids they do their own things and they're going to have to deal with the parents when they get home anyway, plus if you get a hundred dollar ($100) fine on top of that. But I… I don't support this Bill and I do intend on voting 'no' On this Bill, does that mean my district will be excluded from this legislation if it passes?"
"Could you repeat the question?"
"Why… I was just curious if I don't support the legislation, so I do intend on voting 'no', so that means the 49th District, this would not apply to that district?"
"The only time it applies is if you're… like I said before, if they have an ordinance… the municipality has the part to pass an ordinance. That's what I said before."
"Okay, thank you. No further questions, Mr. Speaker." 09500272.doc 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"Thank you."
"Representative Winters."
"Thank you, Mr. Speaker. I rise in support of this Bill. Representative Jefferson and I cochaired a task force on truancy because of the incredible number of kids in the Rockford school system that are truant. The school district has looked for tougher methods of trying to get the attention of these young teens, and the City of Rockford has offered its help of its municipal ordinance of going after the truants, holding their parents responsible. If in fact the kids are truant so many times and the school district can't get their attention, we think the parents can, through the weight behind the City of Rockford. To our knowledge, Rockford is the only one that's passed an ordinance like this that signifies their willingness to work with the school district. It allows a release of records that there's been some concern about the Privacy Act that would not allow attendance records to be allowed outside of the school administration. This Bill will clean that up. We think it's a very positive tool in the arsenal of school districts and municipalities. And in fact, if your own municipality has not passed the ordinance, they ought to look at Rockford if they feel that they have a truancy problem. The Rockford model may be one that the municipalities across the state should look at, and it is supported by the Municipal League. They think that it is a weapon in the arsenal that we need to keep kids in school and keep them engaged, particularly at the younger ages when they an still learn the skills, the academic skills 09500272.doc 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 and the attendance skills that they need to be successful in school and later in life. So I do support the Bill and urge its… urge your vote for it. Thank you."
"Representative Mitchell." Mitchell, J.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he'll yield." Mitchell, J.: "Representative Jefferson, I'm taking a look at this and I think it's a very good idea. Is this a statewide policy? Can any municipality then pass an ordinance and this will apply to them or is this strictly for Rockford?"
"No, it's a statewide policy. They have to adopt an ordinance to be able to do this, Representative, but it is statewide." Mitchell, J.: "Okay. So basically it's not a mandate on any city or municipality. It basically opens the door and says if you would like to do this, here's the guideline as to how it's to be done?"
"Absolutely." Mitchell, J.: "Well, I think it's a good idea. I just read in the paper a couple of days ago where a judge had jailed the father of a young lady who had made a pledge to the court that she would get her high school diploma. She didn't get it, the judge put the father in jail and the ironic part was the parents were divorced and he still went to jail, even though mother had custody. So before we get to things like that happening, I think maybe a municipal ordinance like this may help in those situations and give the parents 09500272.doc 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 an upper hand in getting their kids back to school. So I commend you on the legislation and I support it 100 percent. Thank you."
"Thank you, Representative."
"Representative Jefferson to close."
"Thank you, Mr. Speaker, Members of the House. Thank you for that debates, it was good debate, but this is a good Bill. This is a Bill that's very important to Rockford. The fact of the matter is, we've got a chronic truancy situation and this gives us another mechanism to deal with that chronic situation and I would just ask each and everyone of you for an 'aye' vote."
"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 85 voting 'yes' and 25 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Flowers has House Bill 4442. Okay. Out of the record. Representative Saviano on House Bill 5501. No? Out of the record. On the Order of House Bills-Second Reading, Representative Howard, you have House Bill 1831. Representative Howard, did you want to move this Bill from Second to Third? Mr. Clerk, would you read the Bill."
"House Bill 1831, a Bill for an Act concerning criminal law. The Bill's been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendments 2, 3, and 5 have been approved for 09500272.doc 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 consideration. Floor Amendment #2 is offered by Representative Howard."
"Representative Howard on Amendment #2."
"Yes, thank you, Mr. Speaker. Floor Amendment #2 inserts the no rulemaking language."
"Okay, so 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?"
"Floor Amendment #3, offered by Representative Howard."
"Representative Howard."
"Yes. Amendment #3 reorganizes the expungement and sealing provisions in several ways. These changes include those relating to eligibility, sealing of felonies, waiting periods, the drug testing, objections hearing, appeals, response to record inquiries, a study that's required and definitions."
Speaker Hannig: "Is there any discussion? Representative Schmitz."
"I guess it's more of a procedural question, Speaker. Amendment 3… or Amendment 2 was just put on the Bill a minute ago which included the rulemaking language but now Amendment 3 becomes the Bill?"
"Was there a question?"
"Yeah, on the Amendments, 2 was just adopted and that was the rulemaking Amendment…"
"Yes, and 3 is a gut and replace." 09500272.doc 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"Does 3 include the rulemaking Amendment, because 3 becomes the Bill?"
"That's correct."
"Thank you."
"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?"
"Floor Amendment #5, offered by Representative Howard."
"Representative Howard."
"Yes, thank you, Mr. Speaker. Amendment #5 adds reckless driving and aggravated reckless driving to the list of offenses that cannot be sealed or expunged. It orders the unsealing of any previous sealed felony convictions after someone is convicted of a subsequent felony. It requires a petitioner to pass a drug test in order to expunge felony records for a successfully completed qualified probation relative to seven (7) different offenses. And lastly, it voids any court order to expunge or seal records that is contrary to the law on expunging and sealing."
"The Lady has moved for the adoption of the Amendment. Is there any discussion? All in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it; the Amendment is adopted. Any further Amendments?"
"Floor Amendment #7, offered by Representative Howard."
"Representative Howard." 09500272.doc 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"Yes, thank you, Mr. Speaker. Amendment #7 inserts the original test on the Governor's pardons that authorizes expungement. The Cook County State's Attorney requested that this original language be restored since there are two cases currently before the Illinois Supreme Court that analyzed the meaning of the paragraph namely, whether a judge has discretion in entering an order to expunge a conviction that the Governor pardons and authorizes the expungement. The Amendment also applies the expungement procedures, including content of petition, objects, et cetera, to these pardons."
Speaker Hannig: "Is there any discussion? Representative Schmitz."
"Thank you, Speaker. I guess… Representative, another question more on the procedural. We skipped 4 and 6, the Amendments, are we passing over those, trying to make sure that they all worked together is the question I have for you.?"
"Amendment #4 was mistakenly filed."
"How about 6?"
"That is another one that we believe we don't need."
"Okay, thank you."
"Thank you."
"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." 09500272.doc 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"Third Reading. Representative Golar, you have House Bill 4913. Do you wish us to read this Bill? Read the Bill, Mr. Clerk."
"House Bill 4913, the Bill's been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendments 2 and 3 have been adopted. Floor Amendment #4, offered by Representative Golar, has been approved for consideration."
"Representative Golar."
"Thank you, Mr. Speaker and Members of the House. Floor Amendment 4 requests adoption of that, Mr. Speaker."
Speaker Hannig: "Is there any discussion on the Lady's Amendment? Then all in favor say 'aye'; opposed 'nay'. The 'ayes' have it; the Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions are filed."
"Third Reading. On the Order of Senate Bills- Second Reading is Senate Bill 2380. Mr. Clerk, read the Bill."
"Senate Bill 2380, a Bill for an Act concerning regulation. Second Reading of this Senate Bill. No Committee Amendments. Floor Amendments 1 and 2 have been approved for consideration. Floor Amendment #1 is offered by Representative May."
"Representative May, did you wish to explain the Amendments? Representative May."
"Yes, thank you. Yes, thank you, Speaker. House Amendment 2 is a very important Bill…"
"This is Amendment #..." 09500272.doc 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"…to take care to cap the hospital costs."
"Representative, I think this is Amendment #1."
"We adopted House Amendment #2 in committee, I believe."
"Okay Mr. Clerk, why don't you give us the status of what the Committee Amendments are again. What's the status of the Amendments?"
Clerk Bolin: "There were no Committee Amendments. Floor Amendments 1 and 2 have been approved for consideration."
"They were approved for consideration, but they now need to be adopted, Representative. So why don't you explain 1 and then we'll adopt it."
"Yes. This is capping hospital costs for the uninsured patients. It really is ground bathing and compassionate legislation. There are 1.7 million uninsured and they're only residents who are charge full sticker price on their hospital bills. The insurance companies negotiated discount on behalf of their policyholders and the government negotiates a reduced price for those people who are on Medicare and Medicaid. So the uninsured are the only ones who see the full bill. Often three to five times that amount and they're the ones who can least afford it. There are great numbers of these declare bankruptcy when faced with an unexpected cost. Half of all bankruptcies in our country are due to health burdens. So this is an agreed Bill. Paul Gainer from the Attorney General's Office and Howard Peters from the Hospital Association worked very hard on this compromise. And colleagues on the other side of the aisle went through many hearings to get to this. What it will basically do is give the uninsureds, 09500272.doc 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 who are Illinois residents, a deep discount, 35 percent above the hospital cost for any medically necessary services exceeding three hundred dollars ($300). In the metropolitan areas, the discount will be available to those families with incomes of not more than 600 percent of the federal poverty level and in the rural areas, 300 percent of the federal poverty level. In addition, there is a twelve-month cap for 25 percent of a family's gross income. And it would be… it would be administered by the Attorney General's Office. So it is far reaching, compassionate, will affect many, many of our Illinois citizens to bring affordable health care."
"Is there any discussion on the Amendment? Then all in favor say 'aye'; opposed 'nay'. The 'ayes' have it; the Amendment is adopted. Are there any other Amendments, Mr. Clerk?"
"Floor Amendment #2, offered by Representative May."
"Representative May."
"It is the same as #2. I mean it's the same as #1. It really is the same, so…"
"Is there any discussion? Then all in favor of the Lady's… excuse me. Representative Reis, did you have a question?"
"Mr. Speaker, just one question about the Bill before we move it to Third."
"Proceed."
"Representative, does this have the language about rulemaking on it?" 09500272.doc 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"I don't think it was… just a minute. Let's see. Unless it was on an earlier Amendment, we amended it onto a Senate Bill. I don’t think it has it on. I… if you'll hold a minute I can look at all the Amendments, but I don't think it has it on. My records show that there was not a rulemaking Amendment on it. Do your records show differently?"
"No, it shows that it doesn't. I was just wondering why it doesn't have it on there."
"I don't believe it was necessary."
"The Governor can do an awful lot with his rulemaking abilities, why wouldn't this need to have that on there?"
"It was a Senate Bill that Senator Demuzio and Representative Mautino were happy to amend this important Bill onto, and it was not deemed necessary."
"I don't think it's necessary for most Bills that come out of here and what we're seeing here is, all of our House Bills that went to the Senate are either stuck in Rules or the language has been stripped out and it's going to have to come back for concurrence. All the Senate Bills that come over here have to have it on, but we're noticing Bills that are important to the other side aren't having the rulemaking language put on it, so that neither side has to blink. And there's an awful lot of Bills that have passed here that are important to the people of this state that are going to get muddled down in this, who's going to blink first. So I was just wondering why this Bill doesn't have it on it." 09500272.doc 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"Representative, I am happy to listen to your point and if you wish to make a point about the process here, but it's just not applicable to this Bill and I think that this is a very important Bill. So I don't… your point is that the process, a lot of them have the rulemaking Amendment on it. It is not applicable on this Bill."
"Thank you, Representative."
"Representative Osmond."
"Thank you, Mr. Speaker. To the Bill. This particular Bill… Representative May worked very diligently with the Hospital Association. We asked her in committee last year or earlier this year, I'm lost as to time element here, to be able to sit down with the Hospital Association and work out the concerns that they had and she was very diligent in doing so. This is a totally agreed Bill with them. Everybody is onboard and I would support this issue. Thank you."
"Representative Winters on the Amendment."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates she'll yield."
"I was not privy to the discussions with the Hospital, Representative, and I’m trying to understand the impact of this. The bills that are charged to people who do not have insurance, if they are below certain income guidelines will be capped at no more than 30 percent over the cost or… explain it again."
"Yes, their initial Bill… the way it's happening now is the only people who are seeing the full sticker price are the uninsured. So this would, indeed, give them an initial 09500272.doc 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 bill that is lower. It would be 35 to 65 percent than what they're paying right now. So this is very important for the uninsured in our state."
"Your discussions with the Hospital Association… looking at it as a businessman or economist, somebody is losing money. If they can't bill low income and try to collect from them, how does the Hospital Association relate how they will make up their profits or their costs that are not going to be covered?"
"Representative, at the present time although the uninsured are getting a very large price, most of them cannot pay it. The hospitals are only able to collect about 5 percent of this. A lot of it they have to write off as debt, anyway. But this is an important step forward. So instead of getting a bill that they can't pay, I believe the citizens want to be able to pay their bills. So instead of getting a bill that they cannot pay and the hospital has to write if off and they are hassled back and forth, they will get a more reasonable bill that is in line to what everyone else is paying to begin with."
"Is there going to be any cost shifting? Even if they only are able to recover from 5 percent of the current uninsured, if they get fewer dollars from that 5 percent, will it be made up by those who are uninsured and over the income eligibility? Say someone who is young, you know, an attorney that's making lots of money, like I hope my son will some day, very, very, very soon, but says, you know, I'm young, I don't have a wife, I'm not going to get injured, I'm going to go without health insurance. 09500272.doc 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 When he goes in will we find, in fact, that the hospitals are making up the lost revenue from the 5 percent of the low income that they're not getting, will they raise that on other uninsureds that may have the income?"
"No, Representative, there will actually be less cost shifting."
"Because they're anticipating being able to collect from instead of 5 percent they may be able to collect from 10 percent, is that what you're saying?"
"Yes, they will… Yes, when someone is handed a reasonable bill that is in line with what everyone else is paying, there will be less cost shifting."
"Okay, I appreciate your answers. I wanted to more fully… understand the Bill. Thank you."
"And that is why the hospital, you know, having the Hospital Association at the table was so important. I know some other states have looked at this, Tennessee I believe, gives a discount of, you know, just 75 percent over cost. Others states may be looking at it. But we have built into this the difference in our state between the metropolitan area and rural hospitals, and this is something that the Hospital Association believes there will actually be less cost shifting. It is progressive, it is compassionate, it is humane, and it is good public policy."
"And… and the differentiation between the rural hospitals and the urban hospitals, which one… they're allowed to go quite a bit higher in their billing of the rural hospitals? Is that the way… excuse me, they're not able to bill as high for the rural hospitals?" 09500272.doc 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"That is true. It's 600 percent of federal poverty level in metropolitan areas. That translates to a hundred and twenty-seven thousand dollars ($127,000) for a family of four (4), or sixty-two four (63,400) for a single person. Whereas in the rural or critical excess hospitals, it would be 300 percent of the poverty level. That's sixty-four two (64,200) for a family of four (4) or thirty-one two (31,200) for a single person. And that's important, while there aren't as many rural or critical hospitals, the… you know, everyone is just explained that the income levels just aren't as high. If we hadn't made that distinction, perhaps everyone in the county could have applied otherwise."
"I wasn't listening to that answer, but here's another question."
"It was a good answer, Representative."
"As… as I understand it… as I understand it, for the rural area they can go up to 300 percent of the federal poverty level…"
"That's correct."
"…in very, very rough numbers, a family of four (4) would be sixty thousand (60,000)…"
"Sixty-four two (64,200) and thirty-one two (31,200) for singles."
"Okay. And then conversely in the urban areas, a family of four (4) making less than a hundred and twenty- eight thousand ($128,000) would be eligible."
"A hundred twenty-seven thousand (127,000) rounded off, sixty-two four (62,400) for a single." 09500272.doc 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"Doesn't that seem like quite a disparity between the urban and the rural families?"
"I think the income levels are quite disparate in this state, also."
"I don't think there's any… anything close to a doubling of income for urban families in poverty. They're not… they're not making twice as much as the rural families, so you're saying that a family in the rural that's making seventy-thousand dollars ($70,000), is not eligible, but one making a hundred and twenty thousand ($120,000) in the city would be eligible. Isn't that disparity a little bit wide? Where did that kind of breakdown come from?"
"You know, Representative, in a negotiated or an agreed Bill, it perhaps would have been possible to do something else, but I have to trust the Hospital Association to know the hospitals in state. They really do. So this is something that…"
"I don't have to trust anybody and I would have followed up a little bit stronger with the Health Assoc… or the Hospital Association. I think they're really not going to see nearly the impact in the more rural areas of the state served by smaller hospitals. I understand that they have smaller hospitals that probably aren't as profitable, but it seems that that income disparity is quite large. Thank you very much."
"We're still on the Amendment. Representative Mautino. You're recognized for…" 09500272.doc 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"Thank you. Just as a point of clarification on here, the Amendment 2 was the one that was adopted by committee. I believe structurally we need to table Amendment 1 and then adopt Amendment 2."
"I'm not aware of that, Representative. But you could be right."
"I… thank you, Representative, that's what I had said in my remarks, that Amendment 2 was the one that moved out of committee unanimously. So why don't we just withdraw Amendment #1 and I think it would clarify the situation."
"I think we've already adopted it. Mr. Clerk, what is the status of Amendment #1?"
"Amendment #1 was adopted."
"Then the Motion would be to table Amendment #1?"
"I think the rules require that you file it at the well."
"Okay. I'll wait until you decide."
"Well, no, the rules provide that you should… that you should file a Motion at the Well, so they'll take you the form. So do you want to adopt Amendment #2 while we're here?"
"Thank you very much, Speaker. I now rise in support of the Amendment. It received unanimous vote from the committee. There are no opponents, and in practice this will assist the hospitals who currently can only collect in reality about 5 percent now. So with that, I would support the Lady's Amendment."
"Is there any discussion? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have 09500272.doc 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 it; the Amendment is adopted. Why don't we hold it on Second 'til we get to the tabling Motion. Representative Nekritz, for what reason do you rise?"
"Thank you, Mr. Speaker. We have a very special opportunity for the Illinois General Assembly today. The CEO of Amtrak is in town and testified this morning before the Rail Safety Committee. We have a great partnership going with the… as you all know, with the expansion of the service that we provided a couple of years ago, and so we wanted to strengthen that partnership and we welcome Alex Kummant again who is the CEO of Amtrak. He is… between 12 and 12:45, he's going to be downstairs in Room 100 on the first floor to meet with Legislators. That's the room right across from Room 115. So anybody that would like to meet with him and talk about the Amtrak service that we have in this state, I think he'd welcome that opportunity. Thank you."
Speaker Hannig: "Representative Ramey, you have House Bill 4305. Mr Clerk, read the Bill."
"House Bill 4305, a Bill for an Act concerning sex offenders. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. We're going to return to the Order of House Bills-Third Reading, and Representative Saviano, you have House Bill 5067. Mr. Clerk, read the Bill."
"House Bill 5067, a Bill for an Act concerning regulation. Third Reading of this House Bill." 09500272.doc 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"Representative Saviano."
"Thank you, Mr. Speaker, Members of the House. House Bill 5067 as amended is the culmination of a lot of work by our respective staffs, all the interested parties. This is three (3) years in the making and I'm just happy to say we finally got an agreement and I would ask that we approve House Bill 5067 as it renews the Illinois Real Estate Appraisers Act of 2002, and puts in the requirements for the department to properly monitor the licensure and enforce the provisions as are set forth in the Bill. Thank you."
"Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Collins, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 110 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. And Representative Saviano, do you wish us to read House Bill 5501? Mr. Clerk, read the Bill."
"House Bill 5501, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Representative Saviano."
"Thank you, Mr. Speaker. House Bill 5501 is an initiative of the Illinois Association of Nurse Anesthetists. This will take care of some of the problems we had when we renewed the Nursing Act. It provides for a grandfather clause for some of the nurse anesthetists who 09500272.doc 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 weren't allowed in under the original rewrite. And everybody… the Med Society, Nurses Association have no position and DFPR is neutral and I would ask for its approval. Thank you."
"Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Collins, Colvin, Nekritz, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 110 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Flowers, you have House Bill 4442. Read the Bill, Mr. Clerk."
"House Bill 4442, a Bill for an Act regarding schools. Third Reading of this House Bill."
"Representative Flowers."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 4442 would allow a student to be transferred from one attendance center to another if the school that they are attending exceeds the capacity and it's only applicable to Chicago."
"The Lady moves the passage of House Bill 4442, and on that question, the Gentleman from Crawford, Representative Eddy."
"Thank you, Mr. Speaker. To the Bill. Want to thank the Representative for taking the Bill out of the record a while back, working on the concept of making it, I guess more applicable, but I think probably because of conflicts 09500272.doc 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 with No Child Left Behind and other legislation that affects student transfers from poor performing schools, there really isn't a good way to change this to do what the Representative would like to do for students in the City of Chicago. And I, number one, stand to thank her for trying, for looking at that possibility and to support her legislation. Thank you."
"Is there any further discussion? Then all in favor of the… Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 109 voting 'yes' and 1 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Moffitt, you have House Bill 4678. Mr. Clerk, read the Bill."
"House Bill 4678, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Moffitt."
"Thank you, Mr. Speaker. This is an initiative of the Illinois Association of Fire Protection Districts. It's… there's no opposition. It's permissive and it would allow the local fire trustees to have a cap of four thousand (4000) per year. They have increased responsibilities. It's been about twenty (20) years since there's been any change. Be happy to entertain any questions."
"Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 09500272.doc 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Sullivan and Patterson, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 77 voting 'yes' and 33 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Saviano, you have House Bill 5064. Mr. Clerk, read the Bill."
"House Bill 5064, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Representative Saviano."
"Thank you, Mr. Speaker. House Bill 5064 simply corrects a drafting error we made in the Acupuncture Sunset Act last year. There's no opposition to this and I would ask for its approval. Thank you."
"Is there any discussion? Then the question is, 'Shall this Bill pass?' All those in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative May and Stephens, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 110 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby passed. Representative Saviano, you have House Bill 5071. Mr. Clerk, read the Bill."
"House Bill 5071, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Thank you, Mr. Speaker. House Bill 5071 is an initiative of the department in conjunction with the 09500272.doc 31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 Teamsters Union. It's an agreement that we came to which addresses some of the disciplinary issues we had with the Funeral Directors Licensure Act and I would ask for its approval. Thank you."
"The Gentleman moves for the passage of House Bill 5071, and on that question, the Gentleman from Madison, Representative Hoffman."
"Yes, just a quick question of the Sponsor if the Sponsor will yield?
"Indicates he'll yield."
"Is this Bill like all your Bills, agreed to by all parties?"
"Absolutely."
"Thank you. I wish you would say that because we're concerned on this side of the aisle because we know all your Bills are always agreed to by all parties."
"I know, Brian always wants me to say that, so…"
"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Chapa LaVia and Lang, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 110 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Hoffman, you have House Bill 5157. Mr. Clerk, read the Bill." 09500272.doc 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"House Bill 5157, a Bill for an Act concerning alternate dispute resolution. Third Reading of this House Bill."
Speaker Hannig: "The Gentleman from Madison, Representative Hoffman."
"Thank you… thank you, Mr. Speaker, Ladies and Gentlemen of the House. This has been amended and only applies to people who are on barges, seamen, master seamen, vessel crew members and it says, 'it amends the Uniform Arbitration Act and provides that no agreement to arbitrate any liability arising out of the employment shall be enforceable.' This seeks to protect employees who as a result of injury make an agreement with an employer to arbitrate while they're away from their union representation."
"Is there any discussion? The Gentleman from Bond, Representative Stephens."
"How come they don't call them sailors?"
"I think because it's intercoastal waterways. I guess."
"Intercoastal waterway men."
"Any further discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Granberg, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 110 voting 'yes' and 0 voting 'no'. And this Bill, having 09500272.doc 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 received a Constitutional Majority, is hereby declared passed. Representative Bost, for what reason do you rise?"
"Thank you, Mr. Speaker. On House Bill 4678 I was recorded as a 'no'. I wish to be recorded as a 'yes'."
Speaker Hannig: "The record will so reflect. And Representative Leitch."
"Thank you, Mr. Speaker. On House Bill 4678 I was recorded as a 'no'. I'd like to be recorded as a 'yes'."
Speaker Hannig: "And the record as well will reflect your intentions. Mr. Clerk, what is the status of House Bill 4403?"
"House Bill 4403 is on the Order of House Bills- Third Reading."
"Return that to the Order of Second Reading at the request of the Sponsor. And Representative Saviano, you have House Bill 5070. Mr. Clerk, would you read the Bill."
"House Bill 5070, a Bill for an Act concerning business. Third Reading of this House Bill."
Speaker Hannig: "The Gentleman from Cook, Representative Saviano."
"Thank you, Mr. Speaker. House Bill 5070 is an initiative of the department to put their standard limited liability company insurance in a variety of Acts. Everybody is in agreement with this language. The trial lawyers and all the different professions that this was installed in, it was so the department could address issues of limited liability corporations as they are applied to 09500272.doc 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 their respective professions, and I would ask for its approval. Thank you."
"Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Howard and Gordon. Have all voted who wish? Mr. Clerk, take the record. On this question, there are 77 voting 'yes' and 33 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed."
Speaker Lyons: "Representative Joe Lyons in the Chair. Members, on Senate Bills-Third Reading, I'll be reading on page 46 and 47 if you want to follow through the printed Calendar. The first Bill that we have here, Representative Karen Yarbrough. Out of the record. Page 46 of the Calendar, Representative Marlow Colvin, you have… Okay… the record. Mr. Dan Brady, on page 46 you have Senate Bill 2102. Read the Bill, Mr. Clerk."
"Senate Bill 2102, a Bill for an Act concerning employment. Third Reading of this Senate Bill."
"The Chair recognizes the Gentleman from McLean, Representative Dan Brady."
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2102 is an initiative from a local law enforcement simply asking that those individuals who are supposed to be registered as a sex offender and registering as a sex offender in this state, when they do not comply with that, if they're receiving benefits from 09500272.doc 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 the unemployment security office, that their address be shared with the investigating officers or department. This includes municipality police. Presently, the statute only reflects for State Police. Be happy to answer any questions."
Speaker Lyons: "Is there discussion? Seeing none, the questions is, 'Should Senate Bill 2102 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 46 of the Calendar, Representative Bob Molaro has Senate Bill 2295. Read the Bill, Mr. Clerk."
"Senate Bill 2295, a Bill for an Act concerning transportation. Third Reading of this Senate Bill."
"The Chair recognizes the Gentleman from Cook, Representative Bob Molaro."
"Thank you, Mr. Speaker. We had Senate Bill 300 last year that we passed that got rid of judicial driving permits for first-time offenders and put in the device… the Secretary of State instead of going to rules, they came up with this cleanup language that allow them now to implement what they need to do under Senate Bill 300. There's no known opposition, it's just language the Secretary of State needed to implement Senate Bill 300."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2295 pass?' All those in 09500272.doc 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, 110 Members voted 'yes', 0 voted 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Representative Tom Holbrook has Senate Bill 2297. Read the Bill, Mr. Clerk."
"Senate Bill 2297, a Bill for an Act concerning local government. Third Reading of this Senate Bill."
"The Chair recognizes the Gentleman from St. Clair, Representative Tom Holbrook."
"Thank you, Speaker. Senate Bill 2297 simply sets up franchise rules for municipalities on hauling when they have exclusive commercial hauling contracts. I know of no opposition. Passed out of committee unanimously. Take any questions."
"Is there any discussion? The Chair recognizes the Gentleman from McHenry, Representative Jack Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I'm reading the analysis and it says that you have to have a public hearing in a municipality if they're going to be giving a contract for garbage hauling that has not been previously awarded. How's that defined?"
"How's it what?"
"How is it defined?"
"The public hearing?" 09500272.doc 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"No, the 'not previously awarded'. Because I'm not sure I understand how this works."
"This does not affect any current contract franchises that municipalities have."
"Oh, okay. So…"
"If there's already a contract now…"
"…so if there's a contract now…"
"This is only on the ones coming up. The ones that have not happened already, if they wish to try to do that."
"Would this count for a renewal?"
"No."
"So you can renew one without a hearing, but if you wanted to go with a contract… with a new contract, you have to have a hearing."
"Right."
"Okay. Are there any opponents to this?"
"No."
"'Cause our analysis shows that West Cook County Solid Waste Agency is an opponent, but have they become neutral?"
"They're… they have no position according to my analysis."
"Mine shows as an opponent and the other ones don't have a position."
"I don't know that they filed in committee on it. It's news to me."
"Okay. Can you tell me why we need this law?"
"Because currently we feel this needs to give the public a more open forum when municipalities try to do exclusive commercial hauling contracts. Again, this isn't 09500272.doc 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 homes, this is strictly commercial and it takes a while to transcend. Many of these people beef up with trucks, that sort of thing, personnel, and there needs to be some period of time in there where the public can hear what the issues are. And it also guarantees that the businesses in those communities get a fair hearing on who's applying for these contracts."
"Are most of these contracts exclusive, meaning that no other waster haulers can come into the municipality?"
"Correct, and that's where the problem came in. This sets up parameters to allow for a fair bidding process."
"Thank you very much."
"The Chair recognizes the Gentleman from Kane, Representative Tim Schmitz."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, Representative Franks brought up a point that I just want to get on for a second. Is the… you said if we go for a re-bid we don't have to do the public hearing, but say you have ABC Company and they want the contract again next year but the board decides to say we want to hire… we want this thing to go out for bid to see if we can get a lower price. At that point, do you have to have do a public hearing?"
"No. Not to my knowledge in this. This does not affect the current contracts or if they renew them."
"So it's only for…"
"New ones." 09500272.doc 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"…someone that doesn't have any contract at all prior to the effective date?"
"Correct."
"Okay, thank you."
"Tom Holbrook to close."
"I'd ask for an 'aye' vote."
"Those in favor of the passage of Senate Bill 2297 indicate by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Brauer. Mr. Clerk, take the record. On this Bill, 110 Members voted 'yes', 0 voted 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 46 of the Calendar, Representative Pat Verschoore has Senate Bill 2298. Read the Bill, Mr. Clerk."
"Senate Bill 2298, a Bill for an Act concerning local government. Third Reading of this Senate Bill."
"The Chair recognizes the Gentleman from Rock Island, Representative Pat Verschoore."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the Assembly. What this does, is it extends the tank… tax increment district in the City of Milan and also the City of West Frankfort and I'd ask for an 'aye' vote and be happy to answer any questions."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2298 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all 09500272.doc 40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's a 107 Members voting 'yes', 3 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 46 of the Calendar, Leader Barbara Flynn Currie has Senate Bill 2240. Leader Currie. Read the Bill, Mr. Clerk."
"Senate Bill 2240, a Bill for an Act concerning human rights. Third Reading of this Senate Bill."
"The Chair recognizes the Gentleman (sic-Lady) from Cook, Representative Barbara Flynn Currie."
"Thank you, Speaker and Members of the House. This is technical cleanup for the Department of Human Rights, providing the same schedule for people who choose to go to the commission and people who choose instead to go to court, setting the time frames. It's all cleanup language. No substantive changes and I'd appreciate your support for the Bill."
Speaker Lyons: "I appreciate the Lady from Cook not reprimanding me for calling her the Gentleman from Cook. Sorry about that, Barbara. Is there any discussion on Senate Bill 2240? Seeing none, the question is, 'Should Senate Bill 2240 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes the Gentleman 09500272.doc 41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 from Cook, Representative Harris. For what purpose do you seek recognition, Representative?"
"Point of personal privilege, Mr. Speaker."
"Please proceed."
"I'd like to welcome to Springfield, students from Amundsen High School and Senn High School in the north side of Chicago who are up in the gallery. Please give them a welcome."
"Welcome to Springfield. Have a great day. Mr. Clerk, Representative Lang has Senate Bill 2210. Read the Bill, Mr. Clerk."
"Senate Bill 2210, a Bill for an Act concerning gaming. Third Reading of this Senate Bill."
"The Chair recognizes the Gentleman from Cook, Representative Lou Lang."
"Thank you, Mr. Speaker. This Bill is agreed cleanup language for the Gaming Board. I know of no opposition."
"Discussion? Seeing none, the question is, 'Should Senate Bill 2210 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Ruth Munson, Ruth. Mr. Clerk, take the record. On this Bill, there are 96 Members voting 'yes', 14 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on the bottom of page 2326 (sic-page46), Representative Marlow Colvin has Senate Bill 2321. Read the Bill, Mr. Clerk." 09500272.doc 42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"Senate Bill 2321, a Bill for an Act concerning local government. Third Reading of this Senate Bill."
"The Chair recognizes the Gentleman from Cook, Representative Marlow Colvin."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 2321 amends the Counties Code to allow the county board of any county to increase the maximum the clerks of all trial courts can charge for law library maintenance fees. It… what it would do with respect to county fees, it will allow maintenance fees… and these are the fees that are collected when lawyers file motions and actions with the county clerks. It is permissive only by votes of county boards. It's an initiative of the Cook County Law Library, the Metro Counties of Assoc… the Metro Counties Association, AFSCME and the Illinois Library Association are proponents. There are no known opponents at the time. I'd be happy to answer any questions."
"The Chair recognizes the Gentleman from Kane, Representative Tim Schmitz."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative Colvin, our analysis says here the county board may impose, so the county board has to enact this and then we give them the ceilings for the next three (3) years up to 2010… or two (2) years. 2008, 2009, 2010, is that correct?
"And thereafter… beyond that, as well." 09500272.doc 43 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"What's the beyond that? Is it… they would have to… I see that it… it appears to me in my analysis that these are the ceiling levels set for those years. What was the ceiling, is it two dollars ($2.00) every cycle, every year?"
"After… after 2010 it will remain at twenty-one dollars ($21.00), it wouldn't go beyond that."
"Not in the fee range, in the years? It would be frozen at twenty-one dollars ($21.00) until the Legislature…"
"That's correct."
"Okay. Thank you, Representative."
Speaker Lyons: "The Chair recognizes the Gentleman from McHenry, Representative Jack Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, right now the clerk can collect up to thirteen dollars ($13.00) and this Bill will allow them to go up to eighteen dollars ($18.00) this year, nineteen (19) in 2009 and twenty-one dollars ($21.00) in 2010, correct?"
"That's correct."
"Is there any safeguards in the Bill to make sure that if the clerk does collect these fees that the fees are actually spent for the library?"
"Actually, in Cook County, it is codified already in the county statute that the fees that are collected are directly appropriated to the law libraries. Cook County operates several law libraries in the largest unified court system in the world. Those fees are directly appropriated 09500272.doc 44 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 and cannot be reappropriated to any other use of county government."
"Do we know if the other counties have done such a lockbox and been as good as Cook County has?"
"We do not know that but we do… we are aware that all the county associations are in support of this given the tremendous cost and pressure that it takes to run law libraries. It is… we do know that these fees that are collected are motions that are filed. I can't speak specifically to every county and how they do it, but from our research in sponsoring this Bill, that this is how they pay for the maintenance and the upgrades, the computer services, West Law, Lexus/Nexus and other functions of law libraries are paid for out of those filing fees."
"I wish all the count… To the Bill. I wish all the counties did it as well as Cook County did, but I'll tell you, I've seen plenty of law libraries that aren't much. And what I'm concerned is if the other counties haven't done what Cook County has and made a lockbox, that they would just increase the fees and to really make it more difficult to get to the courthouse door for the people who probably need the law libraries the most, and especially if they're not spending them on those law libraries. So I understand why you're doing it for Cook, but I'm going to respectfully vote 'no' because I haven't seen the same type of stewardship in other counties going to law libraries as I have in Cook. And unless the… unless we would amend the State Code to make the counties… if there's a fee for the law libraries to be have… to be spent there, I'm always 09500272.doc 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 going to be concerned on that. But I appreciate what you're doing, but I'm going to tell you why I'm going to be voting 'no'."
"The Chair recognizes the Gentleman from Cook, Representative Jim Durkin."
"Will the Sponsor yield?"
"Sponsor yields."
"Representative, I just want to make it very clear that this fee only applies to… it's a one-time fee, it's not going to be on subsequent motions or pleadings in the case, correct?"
"That's correct."
"All right. Thanks. That wasn't quite clear, 'cause I wanted to make sure that it's not going to be a fee which is going to be assessed every time you file a motion or response during the course of litigation. Right?"
"Yeah, you're correct."
"Alright. Thank you."
"Representative Colvin to close."
"I would simply appreciate an 'aye' vote. Thank you."
Speaker Lyons: "The question is, 'Should Senate Bill 2321 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Jim Meyer. Mr. Clerk, take the record. On this Bill, there are 76 Members voting 'yes', 34 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on the top of page 47, 09500272.doc 46 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 Representative Lisa Hernandez has Senate Bill 2348. Read the Bill, Mr. Clerk."
"Senate Bill 2348, a Bill for an Act concerning public aid. Third Reading of this Senate Bill."
"The Chair recognizes the Lady from Cook, Lisa Hernandez."
"Thank you, Speaker and Members of the Assembly. Senate Bill 2348 as amended, this Bill would allow any medical or health care provider under the Medicaid program to elect in lieu of receiving direct payment for services to participate in the Illinois State Employees Deferred Compensation Plan. This is an initiative of the Illinois Dental Society. I ask for your 'aye' vote."
"The Chair recognizes the Gentleman from Cook, Representative David Miller."
"Thank you, Mr. Speaker. Ladies and Gentlemen, to the Bill. This is a good initiative that the Senate had… that the Senate had added on to a Bill that was here before. What it essentially does is allow practitioners to sign up instead of payments coming to them from individuals or patients that they see on public assistance, that they can sign up and have those… those checks assigned toward the Illinois State Employees Deferred Compensation Plan. What it provides is incentive for middle practitioners to sort of do that, so you wouldn't expect possibly early practitioners to sign up for this, but if those in practice such as mine, might want to do this; so therefore, I will announce a conflict. But however, it is a good plan, it does go up to only fifteen thousand (15,000). It is set, 09500272.doc 47 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 that's set by Federal Law. This is not new legislation and since of it's done in other states and I would ask for a favorable vote."
"The Chair recognizes the Lady from DuPage, Representative Patti Bellock."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, is this the Bill that we had that makes the dentists as contractors to the state?"
"Yes."
"Okay. I just wanted to clar… To the Bill, Mr. Speaker. I just wanted to clarify that that this is an unusual approach and we had quite a bit of discussion on this in the Human Service Committee. And what we wanted to clarify that some of us were unclear about, but that was clarified afterwards is that under the definition of 'employee' in this state, deferred comp plan is a contractor to the state. So that would be dentists and other health care professionals, so this kind of opens it up, that would take Medicaid payments. So it's an interesting way of approaching it, but we did clarify afterwards that a dentist as a person that takes Medicaid is defined in an 'employee' of this state deferred comps program. The 'contractor' is defined as an 'employee'."
"The Chair recognizes the Gentleman from Jasper, Representative David Reis."
"Thank you, Mr. Speaker. Will the Sponsor yield for a question?" 09500272.doc 48 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"The Sponsor yields."
"Representative, it shows in our analysis that HFS is against this due to cost. Do you have any idea what this will cost the state Medicaid system?"
"Actually I don't and they never approached me about this."
"I'll let you ask someone. Our analysis shows that it's going to cost sixty million dollars ($60,000,000) in FY09 with half of it being picked up by the Federal Government. Still, it's a thirty million dollar ($30,000,000) hit to the state system, so I'll let you check out and see if that's what you have as well."
"Representative, this clears it. The underlying Bill simply was clarifying the definition so that we would be able to… so dental services would be matching with federal services… 'dental services' defined for the purposes of maximizing the match dollars. This Amendment that was attached to it is simply a incentive for our providers to get on and participate in the Medicaid…"
"I'm not questioning, Representative, on the Amendment because the Amendment doesn't become the Bill. The underlying Bill expands who is covered and there has to be a cost associated with that so my I'm… my question is about the underlying Bill and whether or not you agree or your side of the aisle agrees that this could be a sixty million dollar ($60,000,000) cost to the system and we just want to get that clarified before we move forward."
"Representative, there are three (3) other appropriation Bills regarding… we want it being the 09500272.doc 49 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 reimbursement rate. This… this Bill is just to clarify the definition for just the purposes of trying to get the maximized funding. So we have…"
"Our analysis says that this expands it so that we can do preventive services for adults. That's going to cost somebody something when they turn those invoices in, so we just want to… Would you be interested to pulling it out for a second just so… I mean, if this is a sixty million dollar ($60,000,000) hit to the system… I know after yesterday's charades this is pretty small, but before our side of the aisle commits to something that's going to cost money with no fiscal impact and no way of paying for it, we're a little hesitant. So if you'd be so kind as to take it out of the record for a while until you can get that clarified."
"Okay. According to the Dental Society, there will be no fiscal impact. However, HFS states the Bill allows but does not mandate the addition of adult preventive dental services. If these services were provided to the adult Medicaid population, it would cost the state then 59.1 million (59,100,000)."
"Well, sure it allows it, it doesn't mandate it, I mean, no one's mandated to take advantage of this. But do you have any… a way of how we're going to pay for this? I mean, we're expanding services again when we have a revenue problem."
"I guess when it comes down is that there's a claim that there will be no fiscal impact, based on the Dental Society, but HFS is claiming otherwise." 09500272.doc 50 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"Okay. To the Bill. I think this needs a little more clarification from both sides of the aisle. I mean, I see your side scrambling to find out. This could cost sixty millions dollars ($60,000,000). If nothing else, we're making promises that in certain cases won't be able to be met for people coming in…"
"David, your 5 minutes are up. If you can conclude your remarks in a minute we'd appreciate it."
"I think you're once again making false promises for a program that dentists won't participate in if the money's not going to be there. So if we're going to do something like this we need to have the appropriate state funds to help make sure that it's paid for."
Speaker Lyons: "The Chair recognizes the Gentleman from McHenry, Representative Jack Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, Representative, the genesis of this Bill, was this done to incentivise dentists to take Medicaid patients?
"Yes."
"Okay. And when a dentist takes a Medicaid patient does that dentist get a reimbursement rate lower than what he or she would get if it was a private pay or an insurance?"
"Absolutely."
"Do you know how much lower?"
"I believe it's a third that they receive." 09500272.doc 51 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"So they're taking a 60 percent… or 66 percent discount in order to treat these patients."
"Yes."
"I'll ask Representative Miller. Does that sound about right? Okay. So, what we're doing here is allowing the dentist to have basically have some deferred compensation. Now, this isn't a defined plan, this is much like a private 401K, correct?"
"Correct."
"And right now, a private dentist can put, I think, fifteen thousand five hundred dollars away ($15,500) in his or her 401K and this would be an additional fifteen thousand five hundred dollars ($15,500) that that dentist could be able to put in the state's deferred comp, correct?"
"Correct. Up to fifteen thousand (15,000)."
"Okay. So, this would be an incentive to avoid federal taxes because instead of getting directly paid by the state the provider would be getting that money put into a deferred comp… comp… account."
"That's correct."
"Okay. So, what we'd be giving up as a state is the 3 percent of the taxes that we would have received on that fifteen thousand dollars ($15,000). So we'd, basically, be giving up four hundred and fifty dollars ($450) in income tax and that would be our incentive for the dentist to take further Medicaid patients."
"Speaker, can I take it out of record and we'll get this clarified?" 09500272.doc 52 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"Mr. Clerk, on request of the Sponsor, we'll take this Bill out of the record. Representative Chapin Rose, on page 47 of the Calendar, you have Senate Bill 2366. Read the Bill, Mr. Clerk."
"Senate Bill 2366, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
Speaker Lyons: "The Chair recognizes the Gentleman from Champaign, Representative Chapin Rose."
"Thank you, Mr. Speaker, Ladies and Gentlemen. This Bill is very simple. It's in response to a U.S. Supreme Court case regarding the use of the phrase prima facie, which is a… not permitted under the United States Constitution. And it would substitute the phrase prima facie with permissible inference which is permissible under the United States Constitution. So this simply brings us into compliance with the United States Constitution and I would ask for its favorable adoption."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2366 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Sid Mathias, on page 47 of the Calendar, you have Senate Bill 2382. Read the Bill, Mr. Clerk."
"Senate Bill 2382, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill." 09500272.doc 53 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"The Chair recognizes the Gentleman from Lake, Representative Sid Mathias."
"Thank you, Mr. Speaker. This Bill is not a Bill about beauticians, it's actually a very serious Bill. As you… from the name I know it throws some people off of what the offense of grooming means. Basically, what this Bill does… and we have some response to it, an Appellate Court case, we had state's attorney from DuPage County, Joel Birkett, testified in committee about unfortunate circumstances in this case. And also, you probably have watched I believe it's Dateline and how many people are using the Internet to try to meet underage children for… in order to entice them or seduce them to commit a sex offense. So what Senate Bill 2382 does, it really creates the offense of grooming. Grooming means using the Internet to try to seduce or entice a child to commit a sex offense. It also creates the offense of traveling to meet a minor for that purpose and that was for the purpose of engaging in a sex offense with him and that's where this Appellate Court had said that there was a circumstance where everything else was in place and someone drove to meet someone. He was actually arrested before he got there and the court said, well, we don't know what he would have done when he got there. So if you… through the Internet, create the situation so it's very obvious what your intent is and then you travel for that purpose, that would be an offense. And I… this passed the Senate on a vote of 53-0, and I ask for your 'aye' vote." 09500272.doc 54 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"The Chair recognizes the Gentleman from Cook, Representative Fritchey."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, the way this legislation is drafted, it's actually drafted broader then just the Internet, though. It talks about any other device capable of electronic data storage or transmission, so that would include cell phones as well, correct?"
"Yes, that's… that's correct."
"So this basically says that you will commit this offense, this newly created offense, if you use a computer or telephone to solicit a minor for sex."
"That's… that's correct."
"You're aware that's already the law in the State of Illinois?"
"Pardon me?"
"I apologize for… I know it's hard to hear me right now. You're aware…"
"We can talk about this later if you like."
"If you would pull it out of the record we'll talk about it later. This is already the law in the State of Illinois. I… I… and the reason I know that it is, I helped draft the law a decade ago. It's already a felony to use the Internet to solicit a minor for sex. This is… this is redundant of what's already on the books."
"Well, I… again I… the state's attorney felt that this… this was needed. Again, I understand what you're 09500272.doc 55 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 saying and I guess it's the way in which it's done here and…"
"No, with all… with all due respect, this is almost identical to what's on the books right now. And one of my concerns even is, I believe that the other statute may have a stiffer penalty than the one that's provided here. You've got your able bodied staff next to you. Let's hear what he has to say about this. And Kyle, so you know what I'm talking about, Internet solicitation of a minor is a prescribed felony in the State of Illinois."
"Just give me a moment to…"
"Not a problem."
"…read the text. Rather than, you know, taking a lot of time right now, I'll take it out of the record so I can compare the language here with the language in the statute that you referred to."
"You know, I appreciate this, and certainly now I have a question about the other part."
"Well, the other part…"
"You and I can talk about this."
"…also, that is a separate offense, that is not I don't think…"
"Understood, and just so you… before I come over so you understand, my questions, with respect to the other part, are going to be as it relation to the Federal Mann Act which has to do with interstate transport for sexual purposes, as well as what jurisdiction we would have for interstate activities. But I'll come over and see you about this. Thank you." 09500272.doc 56 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"Thank you. I'll take it off the… take it out of the record for now."
"Mr. Clerk, on request of the Sponsor, take this Bill out of the record. Representative Karen Yarbrough, on page 47 of the Calendar, you have Senate Bill 2387. Read the Bill, Mr. Clerk."
"Senate Bill 2387, a Bill for an Act concerning education. Third Reading of this Senate Bill."
Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Karen Yarbrough."
"Thank you, Mr. Speaker and Members of the House. Senate Bill 2387 adds home ownership and including the basic process of obtaining a mortgage and concepts of fixed and adjustable rate mortgages to the list of subjects that pupils in a public school, grades 9-12, are required to be taught to understand the basic concepts of financial literacy. It will provide students with an understanding of the process of obtaining a mortgage so that they can make wise financial decisions in adult… an adulthood concerning loans. I would be happy to answer any questions. There's no known opposition to this Bill."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2387 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 102 Members voting 'yes', 8 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. 09500272.doc 57 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 Representative Riley, on page 47 of the Calendar, you have Senate Bill 2404. Read the Bill, Mr. Clerk."
"Senate Bill 2404, a Bill for and Act concerning finance. Third Reading of this Senate Bill."
"The Chair recognizes the Gentleman from Cook, Representative Al Riley."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2404 essentially extends the repeal date from September 6, 2008 to June 30, 2010 for the Business Enterprise for Minorities, Females, and Persons with Disabilities Act. This is a very, very good program and it made the ability for small businesses and businesses that have not historically had a chance to participate in government… State Government business to do so. I will answer any questions about this and there's been no opposition to this piece of legislation."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2404 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Ford. Jay Hoffman. Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 46 of the Calendar, Representative Dave Winters has Senate Bill 2302. Read the Bill, Mr. Clerk."
"Senate Bill 2302, a Bill for an Act concerning state government. Third Reading of this Senate Bill 09500272.doc 58 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
Speaker Lyons: "The Chair recognizes the Gentleman from Winnebago, Representative Dave Winters."
"Thank you, Mr. Speaker. Senate Bill 2302 creates the War on Terrorism Veterans Act which would allow the construction of a memorial in Oak Ridge Cemetery here in Springfield to honor soldiers who have fought in the first and second Gulf War, Afghanistan, or any other conflict against terrorist-related regimens. I'd be happy to answer any questions."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2302 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Al Riley. Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes'; 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 47 of the Calendar, Representative Saviano has Senate Bill 2424. Read the Bill, Mr. Clerk."
"Senate Bill 2414, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
"The Chair recognizes the Gentleman from Cook, Representative Skip Saviano."
"Thank you, Mr. Speaker. Senate Bill 2424 is a companion Bill to a House Bill that we previously filed out of here. It's a cleanup which just adds some language to the Medical Practice Act and it was suggested by the 09500272.doc 59 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 Illinois Chiropractic Society and I believe that everybody is onboard and there's no opposition."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2424 pass?' All those in favor signify by voting 'yes'; those opposed 'vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Hernandez. Yarbrough. Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 47 of the Calendar, Representative Pat Verschoore has 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. Third Reading of this Senate."
"The Chair recognizes the Gentleman from Rock Island, Representative Pat Verschoore."
"Thank you, Mr. Speaker, Ladies and Gentlemen. This Bill amends the Harassing and Obscene Communication Act. It creates the Cyberbullying Law. Provides that the offense of harassing through electronic communications and also includes the use of electronic communications for making a harassing statement for the purpose of alarming, tormenting or terrorizing a specific person on at least two separate occasions or creating and maintaining an Internet Web site or Web page which is accessible to one or more third parties for a period of at least twenty-four (24) hours with… which contains harassing statements and made 09500272.doc 60 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 for the purpose of alarming, tormenting, or terrorizing a person. This Bill was a… passed the Senate 55-0. I know of no opposition. It was a Bill that was brought to us by… because of an instance down in St. Louis where a 13-year- old girl was being terrorized and tormented. And there's between, they think, with the survey they've done throughout the United States that there's been over thirteen million (13,000,000) children that's been victimized by this. So, I'd ask for an 'aye' vote and be happy to answer any questions."
Speaker Lyons: "The Chair recognizes the Gentleman from Jackson, Representative Michael Bost."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I understand the importance of what we're trying to do, but what standards are set… what exactly is considered harassment? And… and I mean, that's kind of a rough one to try to describe. What… what… something that's said in anger or written in anger…"
"Written in anger and left on the… like they might call and say, you know, that we're going to be waiting for you after school or we're going to inflict bodily harm on you. Using derogatory remarks. In one instance in this particular case, they said to the person, the world be a whole lot better place if you weren't even around. And it was over a boy that they were doing this."
"Okay and then that's what I'm wondering. I mean, we all know that kids say mean things on the school grounds even and we don't really have a chance to kind of govern that to 09500272.doc 61 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 this level, but now… and like I said, I know of the incidence and I want to make sure we do everything we can to cure it, but if we're just kind of… who interprets what is a harassing statement?"
"What this… what the three things are, Representative, it communicates the threat of immediate or future bodily harm, sexual assault, confinement or restraint where the threat is directed toward the person or a family member of that person, or places that person or family member of that person in reasonable apprehension of immediate or future bodily, sexual assault, confinement or restraint or knowingly solicits the commission of an act by any person which would violate the Criminal Code directed towards that person or family member or persons."
"Okay, so really, and I just want to make sure we get this covered. When the statement was made, it'd be better off if you weren't here or whatever, that wouldn't actually fall under that would it?"
"Well, it would be a the… like… like we're being an intim…"
"Because they're not threatening body… bodily harm."
"It'd be a… I suppose it would be…"
"I mean, that would…"
"…an intimidation."
"And I don't doubt that that affects psyche. I understand that part of it. But I'm really concerned as we work forward with this… I mean, kids to say things out and away from the Internet that are wrong and I would, I and you, we would scold our children whether they're teenagers 09500272.doc 62 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 or whether they're younger that don't say that type of thing to people that that's wrong. But…"
"That's why we spell it out specifically in this Bill and it's part of the Criminal Code."
"Okay, I’m just a little concerned that maybe… I'll listen to the rest of the debate, but thank you."
"Thank you."
"The Chair recognizes the Gentleman from Cook, Representative Bob Molaro."
"Well, just to lower the fears of my colleague to my right. This Bill… if you look at page 2 of his Bill, he doesn't talk about harassment. We were explaining the Bill that way, but this has nothing to do harassment. What it says, and it's very, very specific, and that's why the ACLU as long as what's state's attorney said, but as are now either for the Bill or neutral. What he says and it's real clear, it's only a couple of paragraphs, says, here is what cyberstalking is, says when you go the Internet and you leave it on there for twenty-four (24) hours on a Web page not email or any of that stuff. We're talking about a Web page. And it says, 'which communicates a threat of immediate or future bodily harm, sexual (inaudible), sexual assault or confinement where the threat is directed towards that person which places that person or family member in a reasonable apprehension of immediate or future bodily harm'. Now, it's not, you shouldn't be here, I don't… because as you're right, that's what kids do all the time. I don't like these Internet Bills, but I'll tell you why I like this one. For those of you have any children or wife 09500272.doc 63 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 or whatever it might be, if you look at a Web site and your daughter calls you up and said, let me show you what's on my former boyfriend's Web site. Hey, whatever, I don't want to say one of my daughter's names, but hey, you're going to be dead, that person will be dead in five (5) days, she deserves to die, she's… and I'd look over my head if I were you, because sooner or later you're going to get hit over the back of a head with a baseball bat. And I don't know what I'm going to do about that, but I certainly think the person who wrote that should be… there's got to be some responsibility for that, because my daughter shouldn't have to be afraid to leave the house, afraid to go anywhere. It's not right. And it should be a criminal offense. And that's all he's doing. So I commend you for bringing this Bill even though you know I don't like this kind of stuff, but this in right on point. This is where it should be, that's why every state's attorney group and that's why the ACLU, you kept them silent because they knew your Bill was right. It's a great Bill and we should all vote for it."
"Representative Pat Verschoore to close."
"Just… I think it's a good Bill like he said and I think we need to do something to protect our young children and I'd ask for an 'aye' vote."
Speaker Lyons: "The question is, 'Should Senate Bill 2426 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Shane Cultra. Mr. Clerk, take the record. On this Bill, 09500272.doc 64 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 there's 108 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Members, we'd ask you to please take your seats. We'd ask staff to please retire to the rear of the chamber or get off the floor momentarily. We're going to be having a Death Resolution and Mr. Clerk, the House Resolution 1237."
"House Resolution 1237. WHEREAS, The members of the Illinois House of Representatives are saddened to learn of the death of former Illinois State Representative Ray Christensen of Morris, who passed away on April 21, 2008; and WHEREAS, Ray Christensen was born May 11, 1922 in Dwight, the son of the late Einar and Margaret Broderick-Christensen; he was raised and educated in Morris and was a graduate of Immaculate Conception Grade School and Morris Community High School; and WHEREAS, He was a decorated World War II veteran of the United States Army Air Corp, having served in the European Theater of Operations from January of 1943 until being honorably discharged in October of 1945; in September of 1948 he married Norma Fiori in Immaculate Conception Catholic Church in Morris and she preceded him in death in April of 1984; in November of 1985 he married Mary Curl and she also preceded him in death in 1996; and WHEREAS, He worked as a butcher for 25 years and in 1953 purchased The Lisbon Locker Plant, which he owned and operated for 21 years; in 1971 he was elected to the Morris City Council and was the first Democratic Alderman; he also 09500272.doc 65 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 served on the Morris High School Board of Education from 1966 to 1972, serving as president in 1971 and 1972; he was a lifelong member of Immaculate Conception Catholic Church in Morris, a member of the Fraternal Order of the Eagles, the American Legion, the Morris VFW, and the Morris Moose Lodge; he was an avid Chicago Cubs fan, fisherman, and card player; and WHEREAS, He was elected to the Illinois State House of Representatives in 1976 and served six terms until 1989; during his time in the House of Representatives he served on the Committees on Aging (Chairman); Agriculture (vice-chairman); Counties and Townships; Energy, Environment, and Natural Resources; and Small Business; and WHEREAS, He was preceded in death by his parents; his first wife, Norma; his second wife, Mary; his brother, Maurice Christensen, and his sister, Helen Foss; and WHEREAS, Ray Christensen is survived by his three sons, Guy (Janis) Christensen, Gary "Chao" (Melinda) Christensen, and Gregg (Dani) Christensen; his seven grandchildren, Kelly (Dan) Mitchell, Katie Christensen, Nicole Christensen, Cody Christensen and Casey Christensen, and Sydney Christensen and Peyton Christensen; his great-grandson, Jace Mitchell; his sisters, Evelyn (Ernest) Roost, Betty (Robert) Smith, Margaret (Peter) Ruffatti, and Patricia (the late Burl) Townsend; his brother, Lawrence "Lefty" (Teresa) Christensen; his sister-in-law, Alice Comrie; his special companion of 12 years, Bobette Yurechko; as well as numerous nieces, nephews, cousins, and friends; therefore, be it 09500272.doc 66 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with his family and friends, the passing of former Illinois State Representative Ray Christensen; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of former Illinois State Representative Ray Christensen as a symbol of our sincere sympathy."
"The Chair recognizes the Lady from Grundy, Representative Careen Gordon."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. I'm sure you'll hear from some of the Members who actually served with Mr. Christensen, and I call him Mr. Christensen because for my whole life he was actually my neighbor. He lived about a block away from me on Chapin Street. I lived on Benton, he lived on Chapin. And I didn't know that he was the State Representative because when you're six, seven, eight years old, you just know the people who live in your neighborhood. And recently one of the colleagues, and he knows who he is, was in my hometown, and he was kind of in my neighborhood and he said, is this where you've lived your whole life? And I said, yeah. And he said, you know who lives in all these houses don't you? And I said, yeah, pretty much. Pretty much. If I don't know who lives there now, I can at least tell you who may have lived there when I was growing and as a child and when I rode my bike past their house, who was living there. I said I can tell you the best houses to go to for Halloween, where to get the best candy. I said, but there was… and 09500272.doc 67 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 then I told him about Mr. Christensen because he lived on Chapin Street and what was important about Chapin Street was that it was a one-way street and it was the one-way street that led directly to the park. And so, whenever I told my mother or my father or my older brother or my sister that I was going to the park, I was told, make sure you go down Chapin Street, because it was the safest street and the best way to get to the park in my neighborhood. And it was also exactly the midway point of where my best friend, Laurie, lived coming from the other direction. Also she could ride down Chapin Street so we could get very safely to the park that lived there… that was between our two houses. So for my entire life I rode my bike down Chapin Street and I would ride past Mr. Christensen's house. And I would always… when I would see him and I would wave and say, hi, Mr. Christensen. 'Cause I didn't know he was Representative Christensen, I just knew that he was Mr. Christensen and he was outside mowing his grass or maybe checking on his flowers or getting his mail, and so I'd wave and he would smile and he would wave and he would say hello, but his house was directly kitty-corner from that park. And so while we can thank him for being an amazing State Representative and we can thank him for being a veteran and for serving here in the House and for all the amazing accomplishments he did and for having a wonderful family who I know and his son, Guy, is actually listening. I called him at work and so Guy, Guy Christensen is actually listening to us now, right now Ladies and Gentlemen. What I can personally thank Mr. Christensen for 09500272.doc 68 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 my whole life is, making sure that I got to the park safely when I rode down Chapin Street and to get to the park on my bike. And I thank him for that because that's what he did for me. So he may have served a lot of people and he may have passed a lot of legislation and may have changed lives of thousands and thousands of people, but what he did for me was make sure that I got to the park safely because he kept an eye on the kids who rode down Chapin Street to get to the park on their bikes. So thank you, Mr. Christensen for helping me get to the park on my bike. And I'll always remember you for that. And Guy, if you're listening, your dad was a wonderful man and he kept a wonderful eye on our wonderful neighborhood on the east side of Morris, which may be the wrong side of town, but dammmit, I'm pretty proud of the wrong side of town and I think that Mr. Christensen is very, very proud of being from the wrong side of town, too. So thank you, because I got to the park safely, Mr. Christensen. Thank you, Mr. Speaker."
"Representative Ron Stephens."
"Thank you, Mr. Speaker. It's my pleasure to serve with Ray, and first and foremost, we should remember that but for men like Ray this world would be a very different and vicious place. He served in World War II, he served honorably in a corp that was very difficult. The Army Air Corp. in those days was among the most dangerous of jobs and Ray was a good man and served honorably. But, you know, the longer you're here the more you learn and I remember a conversation I had with Ray when he was talking about this little girl in the neighborhood who used to beat 09500272.doc 69 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 up his son. I'd don't know… Representative, Ray was a good man I enjoyed your story. That's the sort of guy he was. He would have laughed at that and he was a pleasant fellow and he will be missed. Thank you, Mr. Speaker."
"Representative Ron Wait."
"Thank you, Mr. Speaker. I just wanted to mention, Ray was down here for six (6) years before I got here. He came in on the old regime shall we say, where you had three- Member districts and then I was the first one to come in under the new single-Member districts like we have now, but Ray was always really friendly to me and to everybody down here. He always like to help people, he always had a friendly… friendly smile and everything. And Ray, you're certainly going to be missed and our thoughts and prayers go out to your whole family."
"Speaker Madigan."
"Thank you, Mr. Speaker. Ray Christensen was a humble man, a good and decent person, a working Legislator, not flamboyant. Simply came here and represented his district. Very good attendance record. Did a very good job on constituent services for Grundy County and the other sections of the district. I knew Ray for all of the time that he was here. As I said, there were no pretensions about Ray. He knew who he was. He knew what he had to do here, he knew what he had to do back in the district and he simply went ahead and he did all those things. Didn't ask for a lot of praise, just went ahead and did his job. His time here was well served. His record here was a spotless record, a record that he and his family and all of us 09500272.doc 70 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 should be very proud of. So on my behalf and on behalf of my family, I send our condolences and regards to Ray's family and hopefully his son is listening. Let me simply say to his son that Ray was a very good father and a good man and we shall miss him very, very much."
Speaker Lyons: "Ladies and Gentlemen of the House, this Resolution was adopted and will ask Members for a moment of silence. Rest in peace, Raymond Christensen. Thank you, Members. Ladies and Gentlemen, we're turning to page 47 of the printed Calendar. Representative Wyvetter Younge, for what purpose do you seek recognition, Representative?"
"Matter of personal privilege."
"Please proceed, Representative."
"Visiting today is Helen Satterthwaite, former State Representative. Let's give her a hand. She's in the gallery right over there."
"Mr. Clerk, on page 47 of the Calendar, on the Order of Third Readings, is Senate Bill… Representative Lou Lang has Senate Bill 2428. Read the Bill, Mr. Clerk."
"Senate Bill 2428, a Bill for an Act concerning civil law. Third Reading of this Senate Bill."
"The Gentleman from Cook, Lou Lang."
"Thank you, Mr. Speaker. This Bill does one simple thing, it prohibits nursing home employees from obstructing a process server, apparently that's been an issue. This is proposed by the nursing homes themselves. I would move adoption… passage."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2428 pass?' All those in 09500272.doc 71 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 favor signify by saying… voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Sara. Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 47 of the Calendar, Representative Bob Flider has Senate Bill 2434. Read the Bill, Mr. Clerk."
"Senate Bill 2434, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
"Representative Bob Flider."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 2434 is an agreed Bill between the Illinois Department of Public Health, the Fire Service Organizations, and the Mobile Home Owners Association of Illinois. And what it would do is require a signed agreement between mobile home park owners and local fire chiefs to address fire mitigation issues. Certification by the two parties of this agreement exists so that it would be done annually and the… would require the mobile home parks license renewals with the Illinois Department of Public Health. The legislation would create an incentive for mobile park owners to work together with local fire chiefs to help create fire safety. I'd ask for an 'aye' vote."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2434 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all 09500272.doc 72 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 voted who wish? Jil Tracey. Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Harris, you have Senate Bill 2472. Read the Bill, Mr. Clerk."
"Senate Bill 2472, a Bill for an Act concerning liquor. Third Reading of this Senate Bill."
"The Gentleman from Cook, Representative Greg Harris."
"Thank you, Mr. Speaker. Senate Bill 2472 adds to the definition of 'alcopops', malt beverages that contain certain energy ingredient drinks and it requires that they are appropriately labeled that they contain alcohol so that people are aware when they purchase them. This had some controversy in the Senate, but those issues were worked out with the beer distributors and I believe this is now an agreed Bill. I'd ask for an 'aye' vote."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2472 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 47 of the Calendar, Representative Watson has Senate Bill 2500. Representative Stephens. 09500272.doc 73 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 Representative Jil Tracy will be doing that Bill. Mr. Clerk, read the Bill."
"Senate Bill 2500, a Bill for an Act concerning education. Third Reading of this House… Senate Bill."
Speaker Lyons: "The Chair recognizes the Lady from Brown, Representative Jil Tracy."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I'm very happy to carry this Bill for Representative Watson. It is a superintendent mentoring Bill that provides for the mentoring program for school superintendents throughout the state. In committee we had an issue that… considering if Cook County superintendent would be part of this program, and actually Representative Monique Davis brought that to our attention and we were going to look at that option and actually, they… the City of Chicago and the Cook County or the City of Chicago superintendent opted not to be part of the program and Representative Davis has been advised of that and is clear with it, I believe. So, given that as it is, what this program does is continue the mentoring program. It's been tried and met with a great deal of success and improving our schools and education and giving our superintendents an opportunity to be mentored by fellow members of their profession. And I would entertain any questions."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2500 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take 09500272.doc 74 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 the record. On this Bill, there's 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on the bottom of page 47, Representative Mike Tryon has Senate Bill 2514. Read the Bill, Mr. Clerk."
"Senate Bill 2514, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
Speaker Lyons: "The Chair recognizes the Gentleman from McHenry, Representative Mike Tryon."
"Thank you, Mr. Speaker. Senate Bill 2514 is the companion Bill to a House Bill that we've already passed over to the Senate twice. It regulates closed loop geo thermal wells, wells that are used to heat homes and buildings. Right now we have no regulations and we're seeing an increase in this kind of usage. We want to encourage this kind of usage, but every time we drill a well, we penetrate the ground water and we create a risk for pollution and they need to be properly installed and I would urge an 'aye' vote, if there are no questions."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2514 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mitchell, Stephens. Mr. Clerk, take the record. On this Bill, there are 76 Members voting 'yes', 33 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Continuing on the Order of Third Readings-Senate Bills on the top of page 48, Representative 09500272.doc 75 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 Kathy Ryg, you have Senate Bill 2538. Read the Bill, Mr. Clerk."
"Senate Bill 2538, a Bill for an Act concerning persons with disabilities. Third Reading of this Senate Bill."
Speaker Lyons: "The Chair recognizes the Lady from Lake, Representative Kathy Ryg."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2538 is designed to promote and incentivise the hiring of persons with disabilities by the state and to encourage and perspective vendors to hire qualified disabled individuals. The Bill also calls for the collection of data to determine whether employers are claiming the federal Work Opportunity Tax Credit, and it calls for the development of a program to increase awareness of issues that affect persons with disabilities and the availability of tax incentives for hiring the disabled. I'm happy to answer any questions."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2538 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Hernandez, for what purpose do you seek recognition?"
"Point of personal privilege, please." 09500272.doc 76 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"Please proceed, Representative."
"I'm just asking if the House can give a warm welcome to one of my schools within my district and that's Heritage Middle School. Let's give them a warm welcome."
Speaker Lyons: "Welcome to the Capitol. Enjoy your day. Representative David Reis, you have Senate Bill 2562. Read the Bill, Mr. Clerk."
"Senate Bill 2562, a Bill for an Act concerning wildlife. Third Reading of this Senate Bill."
"The Chair recognizes the Gentleman from Jasper, Representative David Reis."
"Thank you, Mr. Speaker and Ladies and Gentleman of the House. Senate Bill 2562 is amended with the Speaker's language. Amends the Wildlife Code, provides that no permit or license may be issued to any convicted felon or any person subject to an order of protection prohibiting him or her from possessing a firearm. Be happy to answer any questions and ask for your support."
"Is there any discussion? The Chair recognizes the Gentleman from Cook, Representative John Fritchey."
"Thank you, Speaker. You have to forgive me, I kind of sound like Representative Molaro right now."
"I know, you sound like Representative Molaro or like Representative Mulligan did last week. What you… been drinking from the same cup or something, Representative?"
"As it were. Just so I understand, is this… would this prevent them from getting any hunting license or just a firearm hunting license? If somebody needed a hunting 09500272.doc 77 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 license let's say to go bow hunting, would they be precluded from getting that?"
"Just a second, Representative. Good question. Just firearms."
"Okay then, that makes sense then. I just… I got what you were trying to do, but I didn't see the rationale if it was for bow hunting or whatever else it may be. All right. Thank you."
"The Chair recognizes the Gentleman from DuPage, Representative Dennis Reboletti."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative… Representative Fritchey brought up a good point but I would consider a bow a deadly weapon and that would be precluded under orders of protection and would that not be included in this Bill?"
"It's not included in this Bill, Representative, but it's something maybe you could bring up for next year."
"Thank you."
"The Chair recognizes the Lady from Grundy, Careen Gordon."
"Thank you, Mr. Speaker. Will the Sponsor yield."
"Sponsor yields."
"Okay. I have a question, Representative Reis. Let's say three (3) guys want to go hunting and one of them is a convicted felon and they're hunting for deer. They're hunting for deer, right. And so the two that have… the other two have valid FOID cards and they have valid hunting licenses and they both get a deer, so all is well. But the 09500272.doc 78 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 third guy, all he can do is go along with them, he can't have a hunting license. He obviously can't have FOID card because he's a convicted felon, but he can't get a hunting license either and so then he can't have a deer. He can just go along and carry their stuff, right?"
"And have fun and maybe haul in their catch."
"Okay. But it says that the only way that we're going to know is that they're going to swear under penalty of perjury that they don't fit into… that they're not a convicted felon, so all they're going to do is say, oh no, I'm not a convicted felon, because you don't need a FOID card to get a hunting license. So all they're going to say is, oh no, I'm fine it's okay. I swear, I promise. Right? Is that the only way?"
"Just a second, Representative."
"Cause according to the information I have there's no actual background check for hunting licenses as well and I think that's… and I think that may be the problem that DNR has."
"They would just be violating the law. I mean it's like someone speeding you know, they are only speeding if they get caught. This person would only be in violation if he or she got caught, but they couldn't say that they lawfully got that hunting license."
"What would happen… okay, so they… so they don't have a hunting license…"
"Right now, it's not against the law for them to get the hunting license, this would make it something that would be subject to penalty." 09500272.doc 79 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"How'd we ever know? I mean… how… how you… I just look at semantics, how you going to prove it? Say the three guys are out there, the conservation police come, can I check your… you know… check your cards and they're going to hunt their hunting licenses. They got three… they got three deer, they got three licenses, all is well. I mean, how you going to prove it? And I'm not… I'm really not trying to difficult, I'm really asking how you going to prove it?"
"And this was something we had trouble with this Bill in the Senate and they amended it to try to take care of some things so I just want to make sure that it's being addressed."
"Well, I don't know if you can amend it… I don't know if you took care of those things and amended it that well, Representative."
"There's nothing… there's nothing in the language or in the Bill that does this. It would just be against the law for them to carry… or to have a hunting license."
"Can we call this the Convicted Felon Honor Code Bill then? So we're go… we're going to go on the… we're going to go on the code of the convicted felon of whether or not they're going to lie to get a hunting license? Correct? What… what… could you pull this out of the record, Representative?"
"That's what we're going to do just to see if…"
"Thank you very much." 09500272.doc 80 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"…we can clean this up. I think this happens with other things, but we'll make sure. All right, pull this out of the record."
"Mr. Clerk, on request of the Sponsor we'll take this Bill out of the record. Representative David Leitch, you have Senate Bill 2581. Read the Bill, Mr. Clerk."
"Senate Bill 2581, a Bill for an Act concerning local government. Third Reading of this Senate Bill."
"The Chair recognizes the Gentleman from Peoria, Representative David Leitch."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill simply applies to counties who have care boards for the treatment of persons with a developmental disability. It is a permissive Bill that permits those counties to increase the number of members on that board from three (3) to five (5) members. We passed a similar Bill unanimously last year but it didn't make it through the process and so I would ask for your support again this year. Thank you."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2581 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Ramey, you have Senate Bill 2594. Read the Bill, Mr. Clerk." 09500272.doc 81 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"Senate Bill 2594, a Bill for an Act concerning civil law. Third Reading of this Senate Bill."
"The Gentleman from DuPage, Representative Randy Ramey."
"Thank you, Mr. Speaker. This Bill is brought forth by State's Attorney Joel Birkett, DuPage County. What we're doing is moving the act of covering the cost of a child- birth from two (2) years of the… from the birth of the child to two (2) years after determination of parentage. I ask for an 'aye' vote."
"Is there any discussion? Seeing none, the question is 'Should Senate Bill 2594 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Pat Verschoore, you have Senate Bill 2640. Read the Bill, Mr. Clerk."
"Senate Bill 2640, a Bill for an Act concerning government. Third Reading of this Senate Bill."
Speaker Lyons: "The Chair recognizes Gentleman from Rock Island, Representative Pat Verschoore."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. What this is, is a Bill for the… the EPA is a proponent of this Bill and what it does is allows the… it clarifies how the Pollution Control Board can use a stay to postpone or implement air permits. There is some ambiguity 09500272.doc 82 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 in the current law as to whether or not the Pollution Control Board can stay part of a air permit or if they to stay the entire permit. Senate Bill 2640 clarifies that the Pollution Control Board has the authority to issue both partial and full permits when they are considering the appeal of a air permit issued in Illinois by the EPA. It's… it is common for parties to appeal an air permit to the Pollution Control Board because they have a disagreement over just how the permit affects their business. In those cases, the law will grant a broad option to stay only the contested part of the permit. The Bill is supported by the EPA and also by the electric generation industry and I'd be happy to answer any questions."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2640 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Colvin. Kevin McCarthy. Kevin. Mr. Clerk, take the record. On this Bill, there's 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 48 of the Calendar, Representative John Bradley has House… Senate Bill 2643. Read the Bill, Mr. Clerk."
"Senate Bill 2643, a Bill for an Act concerning revenue. Third Reading of this Senate Bill."
Speaker Lyons: "The Chair recognizes the Gentleman from Williamson, Representative John Bradley." 09500272.doc 83 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 Bradley, J.: "Thank you, Mr. Speaker. I believe that this is a Bill that's an initiative of the Taxpayers Federation of Illinois and basically what it does is it changes the definition of REITs… Reitx are real estate investment trust and what it's trying to do is it's trying to prevent these REITs from, I guess, for a lack of a better word or sheltering money offshores and playing games with them. So, I think this is an important and complicated and convoluted issue and I'd ask for an 'aye' vote."
"Is there any discussion? Seeing none… the Chair recognizes the Gentleman from DuPage, Representative Jim Meyer."
"Would the Sponsor yield?"
"Sponsor yields."
"Representative, I don't have a problem trying to stop people from evading taxes…" Bradley, J.: "I can't… Jim, I'm sorry, I can't hear you."
"I said, I don't have a problem with you trying to stop people from evading taxes, but my concern is, you're preventing people from investing in REITs?" Bradley, J.: "No, I don't think so, it's just changing the definition of what a 'captive REIT' is, and that's a REIT that owns another REIT."
"Well, I invest in a number of mutual funds that own REITs. How do I know as a mutual fund investor that some of these are not in there?" Bradley, J.: "Well, this was a negotiated deal between the Taxpayers Federation, the Department of Revenue. And my 09500272.doc 84 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 experience with the Taxpayers Federation is they're not interested in people not being allowed to…"
"Again, I don't have a problem…" Bradley, J.: "…invest their money and make money off their investments."
"I don't have a problem with the basis of what you're describing, I just want to make certain that I'm not in violation of the letter of the law if we pass this and then we find out that there's a conflict." Bradley, J.: "I don't think it's going to be a violation of the letter of the law. It's just going to change the definition of what a 'captive REIT' is."
"Well, explain to me again then what your legislation does." Bradley, J.: "I was afraid you were going to ask that. Basically, what it does, it changes the definition of 'captive real estate investment trust' to require that at least 50 percent of the voting power must be controlled by a single association that is taxable as a corporation. The Bill also excludes from the definition of 'captive REIT' any entity that is organized outside of the laws of the United States and that satisfies all of the following criteria: (a) at least 75 percent of the entity's total asset value at the close of its taxable year is represented by real estate assets; (b) the entity is not subject to tax on amounts that are distributed to its beneficial owners or that is exempt from entity level taxation; (c) the entity distributes at least 85 percent of its taxable income as computed in the jurisdiction in which it is organized to 09500272.doc 85 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 the holders of its shares or certificates of beneficial interest on an annual basis, that's annual; (d) either… the shares are beneficial interest of the entity are regularly traded on an established securities market or not more than 10 percent, 10 percent of the voting power…"
"Representative I think I…" Bradley, J.: "…or value of… in the…"
"…understand what you're talking about, I'll support your legislation. Thank you."
Speaker Lyons: "The Chair recognizes the Gentleman from McHenry, Representative Jack Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Well, it's evident that you really know this back and forth. I'm impressed. I'd like to talk about the Bill itself. On page 2, line 12, could you please tell me why you took out the word 'person' and instead put 'corporation'?" Bradley, J.: "So we're targeting REITs owned by other corporations and REITs, not individuals like you and I."
"Oh, I don't own any REITs. I don't know what you have but…" Bradley, J.: "I'm not even sure I know what they are."
"That's… okay." Bradley, J.: "I think…"
"You're taking away all them… Bradley, J.: "Let's get Reitz up here. Is he over… let's get Reitz over here." 09500272.doc 86 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"Yeah, why are we doing a Bill about Dan Reitz? That's what I don't understand. And my question is here, when we're talking about that at least 50 percent of the voting power must be controlled by a single association that is taxable as a corporation? What happens if you have set up an entity to purchase a building and instead you set it up as a general partnership where the general would have 50 percent and then the investors would have, you know, 10 percent each up to 5, would this…" Bradley, J.: "That's partnership, not a corporation."
"Okay, but why are we only looking at corporations and not partnerships as well?" Bradley, J.: "'Cause these… those are the corporations are the ones doing this to extat… escape tax liability."
"Do we have an amount of how much taxes we've lost by these offshore…" Bradley, J.: "I'm sure I've got that…"
"…corporations?" Bradley, J.: "…somewhere but I don't have my hands on it, Representative Franks. Is this my first Bill?"
"Yeah, that's… it appears that way. Would this apply for both LLCs… C corporations as well as Ss?" Bradley, J.: "C corps."
"Only." Bradley, J.: "Yes, Sir."
"So a way to avoid this would be to get less than seventy-five (75) investors…" Bradley, J.: "Avoidance is an ugly word but we're resetting the parameters of how this works." 09500272.doc 87 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"So it's only for a C?" Bradley, J.: "It's my understanding."
"Okay, I'll leave you alone for now. Thanks for enlightening me."
"The Gentleman from Cook, Representative George Scully."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I'm looking specifically at page 4, line 21, of your Bill, excuse me, page 3. I'm sorry. This specific… this specific text that's being added by this… by this Amendment. Saying an entity that is organized outside the laws of the United States and satisfies at least one of the following criteria: the first one being at least 75 percent of the total assets. At the close of taxable years represented by real estate assets as defined by Section 856." Bradley, J.: "Can you repeat that, please?"
"Yeah, could you tell me what… how real estate is defined under the IRS Code that you want to incorporate that into Illinois Law?" Bradley, J.: "Can you repeat that question, please? I couldn't hear you."
"In your Bill it adds the requirement that at least 75 percent of entity's total asset value, is represented by real estate assets as defined by Section 856 of the Internal Revenue Code." Bradley, J.: "Yeah."
"What is that?" 09500272.doc 88 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 Bradley, J.: "If you're asking…"
"What's that definition that we're incorporating?" Bradley, J.: "If you're asking that question, you should know."
"Well, we're specifically incorporating provisions of the Internal Revenue Code into the Illinois Compiled Statutes. I was trying to figure what that definition is." Bradley, J.: "I don't have that definition in front of me but I would direct you to the Illinois… or to the Federal Administrative Code, Section 856, (c)(5)(B)."
"I'm sorry, the Ill… the Federal Administrative Code or the Internal Revenue Code?" Bradley, J.: "That's what I meant, yes, thank you for that clarification."
"Thank you, Mr. Speaker."
"The Chair recognizes the Gentleman whose name has obviously been abused in debate, the Gentleman from Randolph, Representative Dan Reitz."
"Well, I was just rising for clarify… I'm getting drug… inadvertently drug into this debate as REITs, so just for clarification, it's Reitz unless you drink Budweezer."
"Representative John Bradley to close." Bradley, J.: "I'd like to thank all of you for helping me with my first Bill and I'd ask for an 'aye' vote."
Speaker Lyons: "The question is, 'Should Senate Bill 2643 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 107 Members voting 'yes', 0 voting 'no', 1 Member voting 09500272.doc 89 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 'present'. This Bill having received the Constitutional Majority, is hereby declared passed. Representative Kevin McCarthy, you have Senate Bill 2679. Read the Bill, Mr. Clerk."
"Senate Bill 2679, a Bill for an Act concerning local government. Third Reading of this Senate Bill."
"The Gentleman from Cook, Representative Kevin McCarthy."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House… Senate Bill 2679 increases the compensation that a CTA employee can get from an office that he holds, like a trustee in a village, from five thousand (5,000) up to (15,000). The five thousand (5,000) limit was passed in the year 1985 and this is legislation that will help a Tinley Park trustee that was recently elected. The trustees there make about twelve thousand dollars ($12,000) and under the current law that was passed in '85 he would not be able to serve. So I'd appreciate your favorable consideration."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2679 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 67 Members voting 'yes', 42 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Lou Lang, you have Senate Bill 2722. Read the Bill, Mr. Clerk." 09500272.doc 90 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"Senate Bill 2722, a Bill for an Act concerning civil law. Third Reading of this Senate Bill."
"The Gentleman from Cook, Representative Lou Lang."
"Thank you, Mr. Speaker, Ladies and Gentlemen. This Bill would amend the Code of Civil Procedure to render it… to render a defamation judgment obtained in a foreign jurisdiction invalid unless an Illinois court finds that the defamation law applied in the foreign jurisdiction. Provides at least as much due process as our Illinois courts do. That's what the Bill does."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2722 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Jerry Mitchell. Mr. Clerk, take the record. On this Bill, there's 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Representative Don Moffitt has Senate Bill 2748. Read the Bill, Mr. Clerk."
"Senate Bill 2748, a Bill for an Act concerning local government. Third Reading of this Senate Bill."
"The Chair recognizes the Gentleman from Knox, Representative Don Moffitt."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2748 is an initiative of the Illinois Association of Fire District Trustees. It would allow them to have time off to attend meetings unpaid, it'd be unpaid 09500272.doc 91 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 leave, same privilege that is granted to a number of other local elected officials. There are no opponents. Passed the Senate 52-0. Be happy to answer any questions."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2748 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Sara. Mr. Clerk, take the record. On this Bill, there's 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Moffitt, don't sit down. You also have Senate Bill 2749. Read the Bill, Mr. Clerk."
"Senate Bill 2749, a Bill for an Act concerning local government. Third Reading of this Senate Bill."
"The Gentleman from Knox, Representative Don Moffitt."
"Thank you, Mr. Speaker. Senate Bill 2749, an initiative of the fire service that would allow for reimbursement for technical rescue teams. These are specialized teams when fault has been found to violation of labor law or OSHA or local ordinance and then a problem is created so when a special rescue team responds there's been a violation. It passed the Senate unanimously. There are no opponents. What this could do would be save your local fire department money when someone else has violated the law and they have to respond. Supported by the Municipal League, the fire districts, the Firefighters Association, 09500272.doc 92 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 and Fire Safety Alliance. Appreciate a 'yes' vote. Entertain any questions."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2749 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Bill Mitchell. Ron Stephens. Mr. Clerk, take the record. On this Bill, there's 95 Members voting 'yes', 14 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Members, continuing on the top of page 49, Senate Bills-Third Reading, Representative Lang has Senate Bill 2754. Read the Bill, Mr. Clerk."
"Senate Bill 2754, a Bill for an Act concerning business. Third Reading of this Senate Bill."
"The Gentleman from Cook, Representative Lou Lang."
"Thank you, Mr. Speaker. This is a technical Amendment to the beer districts… Beer Industry Fair Dealing Act and it governs the relationship between brewers and wholesalers. It adds foreign importers and nonresident dealers to the same requirements as brewers and master distributors. This would clarify that all beer manufacturers licenses in the State of Illinois adhere to the statutory provisions found in the Act. There are no known opponents to this Bill."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2754 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. 09500272.doc 93 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Lang, you also have Senate Bill 2755. Read the Bill, Mr. Clerk."
"Senate Bill 2755, a Bill for an Act concerning liquor. Third Reading of this Senate Bill."
"Representative Lou Lang."
"Thank you, Mr. Speaker. Senate Bill 2755 is designed to protect the three-tier system involved with the distribution of beer in the State of Illinois. It prohibits the giving from manufacturers and distributors to retailers things of value. And that's all the Bill does. There are no known opponents."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2755 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative John Fritchey, you have Senate Bill 2827. Read the Bill, Mr. Clerk."
"Senate Bill 2827, a Bill for an Act concerning children. Third Reading of this Senate Bill." 09500272.doc 94 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"Representative Fritchey, is your voice up to running Bill? The Gentleman from Cook, Representative Fritchey."
"Thank you, Speaker. For better or worse I may not have much of one left. This simply would establish a right to ask for a DNA test or by signing a form to express a DNA test… to waive the request for a DNA test in a paternity case. We know of no objections to the Bill."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2827 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Bob Biggins. Mr. Clerk, take the record. On this Bill, there's 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mike Fortner. You have Senate Bill 2845. Read the Bill, Mr. Clerk."
"Senate Bill 2845, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
"The Gentleman from DuPage, Mike Fortner."
"Thank you, Mr. Speaker, Members of the House. Senate Bill 2845 would have the state create a fact sheet related to identify theft insurance. It's a product which is out in the market more and more. Not well understood necessarily by public. Identify theft is a crime that's been on the rise and some people… for some people the insurance would be beneficial, for others maybe not. This 09500272.doc 95 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 would help the public understand what would be in that. I’m open for any questions."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2845 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Barbara Flynn Currie, you have Senate Bill 2875. Read the Bill, Mr. Clerk."
"Senate Bill 2875, a Bill for an Act concerning revenue. Third Reading of this Senate Bill."
Speaker Lyons: "The Lady from Cook, Leader Barbara Flynn Currie."
"Thank you, Speaker and Members of the House. The Bill does three things. First of all, current state law says if a married couple files jointly at the federal level, they have to file jointly at the state level. This would say they can file singly and the rationale is that if one of them owes a debt to the state, late child support for example or an unpaid student loan, if they file jointly it's very difficult for the Department of Revenue to take money away from one without taking also from the other. And when they do that, whoever wasn't supposed to have her money taken away can file papers and get the money back, but it can take months if not years. So this just says if you want to file singly at the state level you may do so 09500272.doc 96 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 and it is hoped that that will make those problems a little less severe. Second, it brings into compliance with other taxes on cigarette laws, the bringing in of cigarettes from other states so the taxes would be due in the same way that they are due by other distributors today. And finally, it says that those companies, big companies that have to file electronically with the Federal Government, with the Federal Internal Service must file electronically with the State Department of Revenue as well. I know of no opposition and I'd be happy to answer your questions, and I'd appreciate your support for passage of Senate Bill 2875."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2875 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Representative Hannig has Senate Bill 2887. Read the Bill, Mr. Clerk."
"Senate Bill 2887, a Bill for an Act concerning finance. Third Reading of this Senate Bill."
"The Gentleman from Montgomery, Representative Gary Hannig."
"Yes, thank you, Mr. Speaker and Members of the House. This identical to a House Bill that we passed that deals with the ten-year limit, it clarifies the ten-year limit on 09500272.doc 97 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 contracts for the State of Illinois. So the Bill clarifies that renewals are considered inside the ten-year limit and any configuration of term and still requires publication before exercising a renewal option. This is by no means a grant of an extension on the ten-year limit for renewals. So CMS, I think, has now come to the same conclusion that the Procurement Policy Board has and they've backed away from their efforts to push this beyond ten (10) years. But it's important to understand that the directors and agencies change from time to time and we need to clarify this law so that some future director doesn't try to back- pedal on this issue. So I'd be happy to answer any questions and I'd ask for your 'yes' vote."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2887 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… John Fritchey. Take the record. On this Bill, there's 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 20… on page 49 of the Calendar, Representative Jack Franks has Senate Bill 2906. Read the Bill, Mr. Clerk."
"Senate Bill 2906, a Bill for an Act concerning wildlife. Third Reading of this Senate Bill."
"The Gentleman from McHenry, Representative Jack Franks." 09500272.doc 98 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"Thank you, Mr. Speaker. Senate Bill 2906 amends the Wildlife Code to exempt active duty military members who are Illinois residents on leave from the Armed Forces from paying a fee to obtain a hunting license and they'd be able to hunt during the season. Be glad to answer any questions."
"Is there any discussion? The Chair recognizes the Gentleman from Cook, Representative Kevin McCarthy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, is there a difference between a fishing and a hunting license?"
"Yes. One's for fishing, other ones are for animals, land-based animals."
"I think that clears it up for me. That's wonderful."
"Thank you. Thank you."
"Could you tell me where in your Bill that it states that the hunting license will be for free?"
"Actually I can, I was reading that, it's on page…"
"Is this under Amendment 2 from the Senate or is it under the engrossed version?"
"I'm looking at the engrossed version…"
"Okay."
"…and then you go to… there's two separate areas. If you go to page 5, on the engrossed starting with line 2, there we talk about the fishing licenses and what they say is you're permitted to fish without procuring a license, but only during such period of time and with only the 09500272.doc 99 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 sports fishing devices as are permitted by code. And then if you go two pages later… actually three pages… it's on the bottom of page 7, line 21, they take out the word 'ordinary' to show the ability to hunt. Right now, if you're on leave, on ordinary leave, you're able to hunt without a license. This is merely an expansion of that existing practice by taking out the word 'ordinary' so we can include emergency leave, convalescent leave, and permissive."
"Okay, so the Bill… the Bill includes both then?"
"Yes."
"Our analysis says 'hunting' but it actually includes hunting and fishing."
"Yes it does."
"Okay, thank you."
"I'll take you fishing some time if you'd like Mr. McCarthy and teach you how to do it."
"The Chair recognizes the Gentleman from Bond, Representative Ron Stephens."
"Will the Gentleman yield?"
"Gentleman yields."
"Representative Franks, you seem to know a lot about… well he's adding Sponsors and we appreciate that. Representative, you know a lot about hunting and fishing? And the licensing therein."
"I… enough, you know. I know I got to buy a license when I want to go fishing."
"I was interested in your response that a hunting license is for hunting. What do you do with the… when 09500272.doc 100 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 you're bowhunting? Is that hunting or is that fishing? If you're bowhunting for fish?"
"Well… I’m sure you could spear fish if you'd like, but you'd still need to get a… a fishing license. But I'm not sure if spear fishing is allowed in Illinois. We'd have to…"
"Oh…"
"We'd have to check."
"Oh, no, no. Oh, I don't know about that but…"
"I'm not sure. I know in Wisconsin…"
"Bowhunting…"
"…you can do that."
"Leave Wisconsin out of this, you're always changing the subject on me."
"That's right."
"In bow… bowhunting they use that to hunt fish. So is that a fishing license or a bowhunting license?"
"I would think that would… I would think that would be a fishing license if you're using…"
"By the way."
"Yes."
"In Representative Beiser's district, the largest Asian carp in the hemisphere… the hem… the western hemisphere, was caught by a bowhunter and I'm interested in whether he was properly licensed with a…"
"I don't know, maybe we should…"
"…fishing license or…" 09500272.doc 101 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"We could investigate that, but I think that would invalidate the claim of being the largest in the western hemisphere. I don't know where it fits on the…"
"Ninety-two (92) pounds, imagine that."
"Wow. Wow."
"Isn't that great?"
"Yeah."
"Yeah, I knew you'd be impressed."
"I am."
"Representative John Fritchey."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"And I'm serious about that. What's the purpose here? If you want to… if we're trying to do this out of respect to our military personnel to waive the need for a license while they're on leave…"
"We already do that."
"So, but why not then just waive it for military personnel in general?"
"Well, we're… because these are… we already do this right now."
"We… we already do it for ordinary leave and this would expand that. But what I'm saying I guess, you know, if the idea is that we're trying to say, hey you know, the least we can do for our men and women in the Armed Forces is, you know, waive the fee for the hunting license rather just waive it for them when they're on leave, why not waive it for them for all active duty personnel?" 09500272.doc 102 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"That may be… maybe follow up with that next year. Hadn't thought of it that way. But I'm not sure when they would have time, if their Illinois… unless they're based here in Illinois…"
"But they… they could be at Scott they could be somewhere…"
"Right."
"…up north somewhere, you knows."
"I'm not opposed to that. But I just don't want to it with this Bill only because a matter of time."
"Now, that's fine. I just… in all seriousness, I was looking at this…"
"Yeah."
"…I get what we're trying to do and if, you know, if this is a small token of appreciation we can do why not just say, okay you know what, subject to all the qualifications, we'll waive the fee for the licenses."
"I think that's a good idea. And I appreciate you bringing that up."
"All right. Thank you."
"Representative Mike Bost."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Jack, I'm just kind of wondering as we ask what is hunting, what is fishing, are you familiar with hogging?"
"No."
"Hogging? Yeah, that's when you take and you actually wade out in the river or the creek and you actually stick your hands up in a log or in a hole and you find if there's 09500272.doc 103 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 any catfish and you'll pull those out where they lay. Now my question is, is that hunting or is that fishing?"
"I don't know. I know it's… the catfish is not a kosher fish, so I've never tried to catch one."
"No, I forgot that would be the case. You're right. I'm…"
"I… I'm not sure."
"I mean, I… that might be an interesting question to bring up… and it may actually be illegal in the state and if people are actually doing that then that's probably wrong, but…"
"Sounds like a law review article."
"We… it is something that they do and I don't know whether it is hunting or fishing. Somebody asked."
"Combination."
"Representative David Reis."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Sure."
"Representative, while we're clarifying various wildlife things, what about if you go gigging frogs. Is that hunting or fishing?"
"Well, what are you doing to frogs?"
"Gigging frogs."
"I don't think…"
"My son and I want to go this weekend and I want to know…"
"I don't think you need a license to catch frogs." 09500272.doc 104 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"Well, that was one of my questions. You don't need a license at all?"
"I don't think so."
"Good."
"Yeah."
"I was a little concerned about that."
"I do think you need a license though for snipe, but not for frogs."
"Okay. My second question is, is the Department of Natural Resources has kind of been in the habit of doubling fees and stuff, is this something that would be subject to being doubled?"
"Subject to being what?"
"Doubled."
"I guess you can do as much as you want as long as it's zero. They might go to a thousand times, it's not going to make any difference."
"Zero times two is zero."
"Exactly."
"So they'd be safe."
"I think we'd be safe."
"We want to make sure of that. Thank you."
"Thanks."
"Representative Sullivan."
"Some of us actually have to drive through Chicago traffic, so I move the previous question."
"Representative Franks to close."
"I appreciate the well-thought-out questions from my colleagues and would ask for an 'aye' vote." 09500272.doc 105 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
Speaker Lyons: "The question is, 'Should Senate Bill 2906 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Milt. Take the record. On this Bill, there's 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Sandy Pihos, you have Senate Bill 2907. Read the Bill, Mr. Clerk."
"Senate Bill 2907, a Bill for an Act concerning education. Third Reading of this Senate Bill."
Speaker Lyons: "The Lady from DuPage, Representative Sandy Pihos."
"Thank you, Mr. Speaker and Members of the House. Senate Bill 2907 actually permits an increase in fees that we currently charge to people who want to become school bus drivers. Those courses are provided by the regional superintendent of schools and for a four-hour course we have been charging a total of four dollars ($4.00) from each person since the 1970s. So there's been a request made that there be initially a two dollar ($2.00) increase to be split between the State Board of Education and the regional superintendent of schools. I am told by the State Board of Education that by the end of the year for conduct and school bus safety, this fund is spent down and I am told the same by the regional superintendent of schools. However, to assure that no one else uses this fund for any other purpose other than which it was intended, we have put 09500272.doc 106 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 an Amendment there to protect it from fund sweeps, and I would be happy any question."
"The Chair recognizes the Gentleman from Cook, Representative John Fritchey."
"Thank you, Speaker. Representative, who puts these courses on?"
"Regional superintendent of schools. It's an eight-hour course for which we charge four dollars ($4.00)."
"So the regional… the regional superintendents put the course on, but half the fees will go to the State Board of Education?"
"No. In the increase in fees, the State Board of Education, which does the certification and conduct of the educational programs and training for the trainers, uses that money for that purpose. In other words, they use the money for the purpose of the educators, the school bus safety trainer educators."
"So both the State Board and the regional superintendents are involved in this?"
"Yes."
"I was trying to understand if the State Board of Education was getting part of the fees why… what they were doing to get the fee increase."
"They'll be getting a dollar for the fee, and I'm told with school bus safety conduct, et cetera, by the end of each year that fund expires and is spent."
"All right, thank you."
"Representative Pihos to close." 09500272.doc 107 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"I hope you will support what I think is a very good Bill sent over to us by the Senate… Bill 2907. Thank you."
Speaker Lyons: "The question is, 'Should Senate Bill 2907 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 65 Members voting 'yes', 40 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, what's the status of House Bill 5187?"
"House Bill 5187, a Bill for an Act concerning local government. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Ryg, has been approved for consideration."
Speaker Lyons: "The Chair recognizes the Lady from Lake, Representative Kathy Ryg."
"Thank you, Mr. Speaker. This is a technical Bill and this corrects a drafting error and changes the effective date."
"Any discussion on the Amendment? Seeing none, all those in favor of the adoption of the Amendment… Representative Sullivan, question on the Amendment? Representative Ed Sullivan."
"Yes, would the Sponsor yield?"
"The Sponsor yields."
"Just for clarification and I think as I'm reading this, it's saying in our analysis, by changing the titles 09500272.doc 108 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 it does not change any compensation that might be in the Acts of this… of the Water Reclamation District?"
"No, this is clearly a technical Bill. The titles for the Water Reclamation District are set in statute. They would like to change those titles to be more reflective of current terminology and we have to do it in statute."
"Okay. Thank you."
Speaker Lyons: "No one further seeking recognition, the question is, 'Should the Amendment be adopted?' All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair the 'ayes' have it and the Amendment is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Graham, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. On Representative Pihos's Bill and I can't recall the number at the moment, I'd like to be recorded as a 'yes'. I do realize that we would love to get out of here like right away. You did not give me an opportunity to punch my 'yes' button. So please record me as 'yes'."
"That was Senate Bill 2907 and the record will so reflect. Representative Pihos, for what reason do you seek recognition?"
"Thank you, Mr. Speaker. Like Representative Graham, I'd like to be recorded as a 'yes' on Senate Bill 2907, my own Bill. Thank you."
"Sandy, the record will so reflect. Mr. Clerk, what's the status of House Bill 4383?" 09500272.doc 109 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"House Bill 4383, the Bill's been read a second time, previously. No Committee Amendments. No Floor Amendments have been approved for consideration. No Motions filed."
"Third Reading. Mr. Clerk, Representative Riley has, on the Order of House Bills-Second Reading, House Bill 2308. What's the status of that Bill Mr. Clerk?"
" House Bill 2308, the Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1 has been adopted. No further Amendments have been approved for consideration. No Motions filed. Floor Amendment #1 has been adopted. No further Amendments have been approved for consideration."
"Third Reading. Mr. Clerk, Representative Joyce has House Bill 2047. What's the status of that Bill, Mr. Clerk?"
"House Bill 2047, a Bill for an Act concerning public employee benefits. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Joyce, has been approved for consideration."
"The Gentleman from Cook, Representative Kevin Joyce."
"Thank you, Mr. Speaker. Floor Amendment #1 would simply allow firefighters in districts or departments that get merged as a result of a governmental… intergovernmental agreement to have their time in the previous department or district applied to the new department or district for the 09500272.doc 110 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 purposes of disability benefit… pension benefits. I know of no opposition and I'd be happy to answer any questions."
"Is there any discussion on Amendment #1? Floor Amendment #1? Seeing none, all those in favor of its adoption signify by saying 'yes'; those oppose say 'no'. In the opinion of the Chair the 'ayes' have it and the Amendment is adopted. Anything further, Mr. Clerk?"
"No, no further Amendments. No Motions filed."
"Third Reading. Mr. Clerk, Representative May has Senate Bill 2380. What's the status of that Bill, Mr. Clerk?"
"Senate Bill 2380, a Bill for an Act concerning regulation. Second Reading of this Senate Bill. No Committee Amendments. Floor Amendments 1 and 2 have been approved… Floor Amendments 1 and 2 have been adopted and a Motion to Table Floor Amendment #1 has been filed by Representative May."
"Representative May."
"Yes, please table Amendment #1."
"The Lady moves to table Amendment #1. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair the 'ayes' have it and Floor Amendment #1 is tabled. On Floor Amendment #2, Representative?"
"Yes, thank you. We discussed it quite… no, okay. It's on, we can move it to Third?"
"Mr. Clerk, any further Motions?"
"No further Amendments. No Motions filed." 09500272.doc 111 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
Speaker Lyons: "Third Reading. Mr. Clerk, House Joint Resolution 100. Representative Chapa LaVia. The Lady from Kane, Representative Chapa LaVia."
"Thank… thank you Speaker, Members of the House. I think I discussed this about two (2) months ago and I don't know how it got lost and didn’t get adopted, but what it… House Resolution 100 does, it commissions a bipartisan task force in the status of unrepresented minorities in higher education to evaluate the status of traditional underrepresented population. Specifically, the African- American community, Latinos, and Native Americans in the state… state's public and private institutes of higher education and I would request 'aye' votes. Thank you. …the adoption."
"All those in favor of the adoption of House Joint Resolution 100 signify by voting 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Representative Durkin. Jim. Mr. Clerk, take the roll. 109 Members voting 'yes', House Joint Resolution 100 is adopted. Mr. Clerk, status of House Resolution 1059. Representative Acevedo. House Resolution 1059."
Clerk Bolin: "House Resolution 1059 creates the Fire Stop Council. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Acevedo, has been approved for consideration."
"Representative Acevedo." 09500272.doc 112 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Amendment #2 would add the architect association into the Resolution… onto the Resolution."
"Representative Acevedo moves for the adoption of the Amendment. All those in favor should vote 'yes'; those oppo… The adoption of the Amendment, all those in favor should signify by voting 'yes'; those opposed say 'no'. In the opinion of the Chair the 'ayes' have it and the Amendment is adopted. Now, Mr. Acevedo on the Resolution."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Resolution 1059 creates the Fire Stop Council under the Office of the State Fire Marshal. It creates a task force encouraging education, training, and promoting awareness of the importance of proper fire stop system installation and inspection. And I'll be happy to answer any questions."
Speaker Lyons: "We've all heard the… the Representative's Motion is… discussion by Representative Dunkin on the Resolution."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"I'm trying to run through this analysis, Representative. One second. Representative, will the council be representative of the communities that you're trying to assess? You know with other minorities as well?"
"The task force…"
"The Fire Stop Council."
"It would be a task force, actually." 09500272.doc 113 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"The task force, excuse me, that's what I'm talking about."
"Whoever is chosen is going to be chosen as you see in your analysis, Representative, by the Speaker of the House, Minority Leaders, and other associations representing their various organizations."
"Okay. So what criteria will they use when they are selecting members for this task force?"
"That would be up to the respective organizations that are choosing their members for the task force."
"Any idea?"
"No, I wouldn't have an idea. I would think they would have to have some knowledge of fire protection."
"Can they be retired?"
"I would think so."
"Thank you."
"All those in favor of the adoption of House Resolution 1059 signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. 109 Members voting 'yes', House Resolution 1059 is adopted. Mr. Clerk, what's the status of House Joint Resolution 119? Representative Joanne Osmond."
"House Joint Resolution 119 is on the Order of Resolutions."
Speaker Lyons: "The Lady from Lake, Representative Joanne Osmond." 09500272.doc 114 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008
"Thank you, Mr. Speaker. This Resolution is brought forth by Leader Cross. It acknowledges the life of United States Marine Corp veteran and Will County Board member and Fire Chief Kerry R. Sheridan who passed away on February 12, 2008, by naming a portion of the Illinois Route 59 which passes through the Village of Sheridan (sic- Shorewood) in his honor."
"Is there any discussion? Seeing none, all those in favor of the adoption of House Joint Resolution 119 should vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Renée. Mr. Clerk, take the record. There's 109 Members voting 'yes'; and House Joint Resolution 119 is adopted. Ladies and Gentlemen, purpose of an announcement from the Chair. All deadlines for… posted in the Calendar, Bills have been extended through 5/31. So anything in the Calendar, the extension of the deadline will go through next Saturday, the 31st of May. Mr. Clerk, Agreed Resolutions."
"Agreed Resolutions. House Resolutions 1326 and 1327, offered by Representative Beiser. House Resolution 1331, offered by Representative Miller. House Resolution 1332, offered by Representative Cole. House Resolution 1334, offered by Representative Poe. House Resolution 1335, offered by Representative Munson. And House Resolutions 1336 and 1337, offered by Representative Lang."
"Representative Currie moves for the adoption of all the Agreed Resolutions. All those in favor signify by voting 'yes'; those opposed vote 'no'. The vote… All 09500272.doc 115 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 those in favor of the adoption of the Agreed Resolutions signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair the 'ayes' have it and Agreed Resolutions are adopted. Representative Ford, for what purpose do you seek recognition?"
"I rise in recognition of McDonald's. Today, McDonald's eliminated trans fat from their French fries, so we now can eat French fries and be happy and live longer. So congratulations, McDonald's."
"Thank you for that very important announcement, Representative Ford. Mr. Clerk, the Adjournment Resolution."
Clerk Bolin: "House Joint Resolution 134 offered by Representative Currie. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that when the House of Representatives adjourns on Thursday, May 22, 2008, it stands adjourned until Tuesday, May 27, 2008 at 3:00 p.m.; and when the Senate adjourns on Friday, May 23, 2008, it stands adjourned until Tuesday, May 27, 2008."
"All those in favor of the adoption of the Adjournment Resolution signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and the Adjournment Resolution is resolved. And now, allowing perfunctory time for the Clerk, Representative Barbara Flynn Currie moves that the House stand adjourned until the hour of 3:00 p.m. on Tuesday, May 27. All those in favor signify by saying 'yes'; those 09500272.doc 116 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 272nd Legislative Day 5/22/2008 opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and the House stands adjourned until 3:00 p.m. on Tuesday, May 27. Members, families, have a safe and enjoyable Memorial Day weekend. Thank you."
"House Perfunctory Session will come to order. Introduction and reading of House Bills-First Reading. House Bill 6648, offered by Representative Osterman, a Bill for an Act concerning labor. House Bill 6649, offered by Representative May, a Bill for an Act concerning regulation. House Bill 6650, offered by Representative Jerry Mitchell, a Bill for an Act concerning government. House Bill 6651, offered by Representative Hamos, a Bill for an Act concerning criminal law. Introduction and reading of Senate Bills-First Reading. Senate Bill 886, offered by Representative Saviano, a Bill for an Act concerning regulation. Senate Bill 1908, offered by Representative Miller, a Bill for an Act concerning education. Senate Bill 2452, offered by Representative Acevedo, a Bill for an Act concerning criminal law. Senate Bill 2688, offered by Representative Acevedo, a Bill for an Act concerning education. There being no further business, the Perfunctory Session will stand adjourned." 09500272.doc 117