"The hour of 1:00 having arrived, the House shall be in order. March 05, 2009, we shall be led in prayer today by the Reverend Terry Harter who is the pastor of the First United Methodist Church in Champaign, Illinois. Reverend Harter is the guest of Representative Jakobsson. 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. Reverend Harter."
"Let us pray. As people of faith, Lord God Eternal, we believe that Your spirit fills the whole world and moved by this faith we try to discern the authentic signs of Your presence and purpose in the events and the needs and the crises and the longings which we share with other people all the time. Lord, thank You, for Your grace because grace throws new light on all things and makes known the full ideal to which You have called each Member of this House and each citizen of our state. Today, guide minds into great collaboration and move hearts toward true solutions which transcend ideology and reach the fullest steps of human potential bringing us into a greater union with our neighbors, each other and You. Then, as Your free children, we will conquer the problems which confront us and give You the glory, both now and forever, Amen."
"We shall be led in the Pledge today by the Gentleman from Bond, Representative Stephens."
"I pledge allegiance to the flag of the United States of America and to the republic for which it 09600022.doc 1 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 stands, one nation under God, indivisible, with liberty and justice for all."
"Roll Call for Attendance. The Lady from Cook, Representative Currie, for what reason do you rise?”
"Thank you, Speaker. Please let the record show that Representatives Feigenholtz, Gordon, and Hoffman are excused today."
Speaker Turner: "The Gentleman from Jackson, Representative Bost, for what reason do you rise?"
"Thank you, Mr. Speaker. Let the record reflect, on the Republican side of the aisle, Representative Saviano, Cross, and Black are excused today."
"There are 109 Members present. A quorum is present and we shall proceed with the business for today. Mr. Clerk, Committee Reports."
"Representative McCarthy, Chairperson from the Committee on Personnel & Pensions, to which the following measure/s was/were referred, action taken on March 05, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' is House Bill 1291, House Bill 2540, House Bill 2582, House Bill 2643; 'do pass as amended Short Debate’ is House Bill 1148 and House Bill 2422. Representative Howard, Chairperson from the Committee on Judiciary II-Criminal Law, to which the following measure/s was/were referred, action taken on March 05, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' is House Bill 596, House Bill 934, House Bill 1110, House Bill 2266, House Bill 2450, House Bill 2513, House Bill 2537, House Bill 09600022.doc 2 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 2541, House Bill 2542, House Bill 2660; 'do pass Standard Debate’ is House Bill 262, House Bill 2475; 'do pass as amended Short Debate’ is House Bill 69, House Bill 693, House Bill 699, House Bill 1074, House Bill 2245, and House Bill 2253; 'do pass as amended Standard Debate’ is House Bill 67. Representative McAuliffe, Chairperson from the Committee on Veterans' Affairs, to which the following measure/s was/were referred, action taken on March 05, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' is House Bill 361, House Bill 706, House Bill 1122, House Bill 2536; 'do pass as amended Short Debate' is House Bill 516. Representative Lang, Chairperson from the Committee on Adoption Reform, to which the following measure/s was/were referred, action taken on March 05, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' is House Bill 756 and House Bill 2405. Representative Osterman, Chairperson from the Committee on Appropriations-Human Services, to which the following measure/s was/were referred, action taken on March 05, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' is House Bill 384, House Bill 385, House Bill 989, House Bill 1053, House Bill 2270, House Bill 2314, House Bill 2469, House Bill 2615, and House Bill 2640. Representative Harris, Chairperson from the Committee on Youth and Family, to which the following measure/s was/were referred, action taken on March 05, 2009, reported the same back with the following recommendation/s: 'do pass Standard Debate' is House Bill 2234; 'do pass as amended Short 09600022.doc 3 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 Debate' is 529. Representative Verschoore, Chairperson from the Committee on Counties & Townships, to which the following measure/s was/were referred, action taken on March 05, 2009, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' is House Bill 621; 'do pass Short Debate' is House Bill 704, House Bill 1322, House Bill 2420, and House Bill 2472. Representative Ryg, Chairperson from the Committee on Disability Services, to which the following measure/s was/were referred, action taken on March 04, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' is House Bill 2289 and House Bill 2392. Representative Boland, Chairperson from the Committee on Higher Education, to which the following measure/s was/were referred, action taken on March 04, 2009, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' is House Bill 437, House Bill 574, House Bill 1079; 'do pass Short Debate’ is House Bill 2330 and House Bill 2507; 'do pass Standard Debate' is House Bill 2484. Representative Joyce, Chairperson from the Committee on Appropriations-General Services, to which the following measure/s was/were referred, action taken on March 04, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' is House Bill 602, and House Bill 609, and House Bill 2328. Representative Franks, Chairperson from the Committee on State Government Administration, to which the following measure/s was/were referred, action taken on March 04, 2009, reported the same back with the following recommendation/s: 'do pass as 09600022.doc 4 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 amended Short Debate' is House Bill 683, House Bill 2284, House Bill 2494, and House Bill 2625; 'do pass Short Debate' is House Bill 858, House Bill 1034, House Bill 1332, House Bill 1335, House Bill 1345, House Bill 2235, House Bill 2360, House Bill 2414, House Bill 2433, House Bill 2465, House Bill 2466, House Bill 2505, House Bill 2506, House Bill 2535, House Bill 2593, House Bill 2644, and House Bill 2645. Representative Holbrook, Chairperson from the Committee on Environment & Energy, to which the following measure/s was/were referred, action taken on March 04, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' is House Bill 629 and House Bill 2439. Representative Osterman, Chairperson from the Committee on Labor, to which the following measure/s was/were referred, action taken on March 04, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' is House Bill 2445, and House Bill 2474; 'do pass as amended Short Debate' is House Bill 163. Representative Rita, Chairperson from the Committee on Business & Occupational Licenses, to which the following measure/s was/were referred, action taken on March 04, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' is House Bill 2476. Representative Moffitt, Chairperson from the Committee on Fire Protection, to which the following measure/s was/were referred, action taken on March 04, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' is House Bill 34, House Bill 670, House Bill 1307 and House Bill 2592. 09600022.doc 5 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following legislative measures and/or Joint Action Motions were referred, action taken on March 04, 2009, reported the same back with the following recommendation/s: 'approved for floor consideration' is House Resolution 130, offered by Representative Durkin. Referred to the House Committee in Rules is House Resolution 152, offered by Representative Zalewski. House Resolution 154, offered by Representative Burke. House Resolution 156, offered by Representative Washington. And House Joint Resolution 30, offered by Representative Biggins and House Joint Resolution 31, offered by Representative Beiser."
Speaker Turner: "The Gentleman from Macon, Representative Mitchell, for what reason do you rise?" Mitchell, B.: "Thank you, Mr. Speaker, a point of personal privilege.”
“State your point.” Mitchell, B.: “I would like to introduce in the visitors' gallery is a group from my district in Tazewell County and I'd like them to stand up and get a House welcome, the Hopedale Christian Life Academy in Hopedale, Illinois. Give them a big Illinois House welcome."
Speaker Turner: "Welcome to Springfield, Hopedale. The Gentleman from Bond, Representative Stephens, for what reason do you rise?"
"Thank you, Mr. Speaker. Inquiry of the Chair."
"…te your inquiry." 09600022.doc 6 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009
"I… I actually have a point of order. I… I understand that… I wasn't here yesterday and I think that our side of the aisle asked about the Rules Committee and House Bill 2503. Is there… Did you have an epiphany or are we going to start assigning these Bills to committee or are we still on the same game plan?"
"You weren't here yesterday, you said."
"You know what… and I apologize."
"I thought you were and… I apologize. Let me say this, because yesterday I guess, in your absence, the Rules Committee met and I believe that Bill that you're speaking of did not get out of the Rules Committee. They took a… there was a vote taken in the Rules Committee and in fact, Representative Bost was there. He was in that Rules Committee.”
“He made the Motion, and the Bill did…"
"Well, you know what, Mr. Speaker, with… with that in mind, you know, I was going to make a point of order and go through that exercise, but I'm starting to read the handwriting on the wall. And I'm, you know, I’m sixty-one years old now and I'm starting to learn a little bit about this place and I got a feeling that this would all be a futile effort. So, it's… It’s getaway day, why don't we all just try to get along, and then for my part, I am not going to yell or scream, for at least for the next few minutes."
Speaker Turner: "We appreciate that, Representative, that you're not going to yell and scream and…”
“For the, next few min…” 09600022.doc 7 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009
“I'm not certain… Yeah. I’m not certain what wall you’re reading the handwriting on, but, you know, there's a lot of them around here, and they're not all square…”
“Nothing…”
Speaker Turner: “…some of them are round. So, just be careful."
"Nothing further, Mr. Speaker."
"Okay. Mr. Clerk, Committee Report."
Clerk Mahoney: "Representative Hamos, Chairperson from the Committee on Mass Transit, to which the following measure/s was/were referred, action taken on March 05, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 2324; 'do pass as amended Short Debate' is House Bill 2296."
"Ladies and Gentlemen, we are going to go to the Order of Third Readings on page 17 of the Calendar. We are proceeding from where we left off yesterday. The first Bill that we are going to call is Representative Lang's Bill and that’s House Bill 415 and we will go down the Calendar following this Bill. Representative Lang on House Bill 415. Read the Bill, Mr. Clerk."
"House Bill 415, a Bill for an Act concerning public aid. Third Reading of this House Bill."
"Gentleman from Cook, Representative Lang."
"Thank you Mr. Speaker. This is a simple Bill, really. The methodology by which we now pay nursing homes is through something called the MDS, the Minimum Data Set. This reimbursement methodology depends on cost reports and 09600022.doc 8 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 other documents. All this Bill would do would be to require HFS to annually notify the Governor and the General Assembly about the status of the progress of the implementation of this program. That’s all the Bill does. I would ask for your support."
"Seeing no questions, the question is, 'Shall the House pass House Bill 415?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 109 voting 'aye', 0 'noes' 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed."
"On the Order Third Readings, we have, Rep… House Bill 418, Representative Davis. Read the Bill, Mr. Clerk."
"House Bill 418, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"…Lady from Cook, Representative Davis." Davis, M.: "Thank you, Mr. Speaker. This Bill merely ask that because of the economy today a number of people who have always paid their bills on time may find themselves with a declining credit score and it merely asks that the utility companies not use their credit score and deny them service of a utility and that excludes telephone service."
Speaker Turner: "Seeing no… The Gentleman from Crawford, Representative Eddy, for what reason do you rise?"
"Will the Sponsor yield?"
"Indicates she will." 09600022.doc 9 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009
"Good Morning, Representative…" Davis, M.: "How do you do?"
"…or afternoon. Could you… Is there any opposition to this Bill at this time?" Davis, M.: "The opposition, I believe, was removed with the… Committee Amendment. We took out…"
"So, the original Bill had some opposition from some telecommunication carriers?" Davis, M: "That is correct."
"And the Amendment to the Bill, I think, exempts telecommunication carriers and that removed their opposition." Davis, M.: "That is correct."
"Okay. So, really at this point it prohibits public utilities really from denying or canceling just based on, solely on credit information of the consumer. That’s all the Bill does…” Davis, M.: “That is correct.”
“…and they exempt telecommunications. Thank you very much. I appreciate the clarification." Davis, M.: "Thank you, Representative."
Speaker Turner: "The Gentleman from DuPage, Representative Reboletti, for what reason do you rise?"
"Thank you, Mr. Speaker, will the Sponsor yield?"
"Indicates she will."
"Representative, would this Bill affect somebody who already has a utility…” Davis, M.: “Abos…” 09600022.doc 10 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009
“…and they would be able to disconnect it from that standpoint?” Davis, M.: “No, it woulddn’t.”
“So, if your credit score dropped all of a sudden, the utility couldn't not disconnect you because your credit score went down?" Davis, M.: "No, absolutely not."
"And is the Illinois Chamber's opposition removed with your Amendment, 'cause I see them on our analysis as an opponent.” Davis, M.: “No…”
“Are you aware of that?" Davis, M.: "No, I was not. They haven't talked with me. They didn't come to committee. The Amendments that we filed was in order to satisfy those who had… had opposition."
"But they… did they… you're not aware if they slipped in at the committee or not?" Davis, M.: "No, I’m… They didn't." Reboletti: "They did not?" Davis, M.: "No, they did not."
"All right. Thank you, Representative." Davis, M.: "You're welcome."
Speaker Turner: "The Gentleman from McHenry, Representative Franks, for what reason do you rise?"
"Thank you Mr. Speaker. Will the Sponsor yield?”
“Indicates she will.”
“Representative, I apologize, my computer was slow and I just had a chance to read this. It looks as though that 09600022.doc 11 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 Amendments 1 and 2 have both been adopted. Is that correct?” Davis, M.: "That is correct."
"And could you indulge me, ‘cause Amendment # 1 says it’s a gut and replace Amendment, which retains the underlying language except the language regarding the use of credit information in denying mortgages." Davis, M.: "We took mortgages totally out. That was the first Amendment."
"Okay. And number two, did you take telecommunications out?" Davis, M.: "That is correct."
"So, this really just deals with utilities now?" Davis, M.: "That is correct. Insurance and utilities."
"So, you can't use credit… So, what this basically says is… is if you have a delinquent bill with these… I'm sorry, then, I’m not sure I understand." Davis, M.: "No. You cannot… you cannot deny insurance or…"
"Utilities." Davis, M.:"…utilities because you have a low credit score."
"Oh, it’s low credit score?" Davis, M.: "That’s correct."
"Okay. That's… so, that’s what it does?" Davis, M.: "Yes, that’s what it does."
"That’s what I was trying to figure out because it was…” Davis, M.: “And I apologize.”
“No, it's not your fault, just convoluted as I'm reading this. So, let me just get my head around this. You cannot deny insu…" 09600022.doc 12 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 Davis, M.: "Well that's already the law that you can’t deny insurance, based on it."
"On this?" Davis, M.: "That's correct. It's already the law, but it's… we put it in there, but it’s already the law."
"So, this is also for utilities…” Davis, M.: “That is correct.”
“…you cannot deny for credit?" Davis, M.: "That's correct, because you know, you get people today who had wonderful jobs or had excellent credit and all of a sudden they are unemployed or underemployed, and this should not affect their ability if they have to move into a rental unit. It should not affect their ability to get utility services."
"I appreciate… That makes sense and I appreciate you bringing it forward. Thank you." Davis, M.: "Thank you, Representative Franks."
"The Gentleman from Cook, Representative Durkin, for what reason do you rise?"
"Will the Sponsor yield?”
"Indicates she will."
"Representative Davis, why are you distinguishing between telecommunication companies and other utilities like natural gas or…?" Davis, M.: "Well, we were told by the telephone companies that there are some people in very rural areas and they absolutely need and must have those telephone services and we just didn't want to, in any way, deny them an 09600022.doc 13 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 opportunity. They… they just wanted to be excluded, so we excluded them."
"Well, how about the gas companies or the Commonwealth Edison or electric… other utilities? Why shouldn't they be excluded? I mean… I don't know why you can distinguish between one utility and other ones, which provide very valuable quality of life needs." Davis, M.: "Representative, you cannot live in the State of Illinois without gas perhaps or some type of eating device or service. And…"
"Well, I still don’t know what the rationale… what the rationale is behind taking the telecommunications out just because they… I don't know how you can distinguish them between the other utilities." Davis, M.: "Because some people did not think telecommunications was a life or death situation. You know, you can certainly live without a telephone, but you can't live without light or heat."
"Well, I don't agree with you." Davis, M.: "That’s the only reason. You may not, but that is the only reason."
"Well, I don't agree with you. And I… most people… they're not paying attention, but these are tough times and I understand that we want to be able to provide service the best we can to our residents, but I know that the utility companies bend over backwards to ensure that service is provided, even when people are in arrears. So, I think that this is overkill and I’m not voting for it." 09600022.doc 14 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009
Speaker Turner: "The Gentleman from Iroquois, Representative Cultra, for what reason do you rise?"
"Will the Sponsor yield?"
"Indicates she will."
"Representative, I want to go back to the insurance aspect of this. What kind of insurance does this include?" Davis, M.: "Passenger, homeowner, motorcycle, recreational vehicles, it's personal insurance."
"All right. So, your intent is, is they can't use their credit rating in denying them insurance?" Davis, M.: "That is correct."
"But the insurance companies also use your credit rating in deciding the rate that they charge. Are they still going to be able to do that?" Davis, M.: "Representative, it is already law that they cannot use it as the sole basis. That's already current law."
"All right. But they do use your credit rating as far as the amount that they charge you. Is that… Will that still be allowable?" Davis, M.: "That's correct."
"Thank you."
"Seeing no further questions, the question is, 'Shall the House pass House Bill 418?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Representative Eddy. The Clerk shall take the record. On this question, there are 72 voting 'aye', 35 voting 'no', and 2 voting 'present'. And this Bill, has received the Constitutional Majority and is hereby declared 09600022.doc 15 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 passed. Representative Jefferson, we have House Bill 441. Read the Bill, Mr. Clerk.”
"House Bill 441, a Bill for an act concerning local government. Third Reading of this House Bill."
"Thank you, Mr. Chairman… Mr. Speaker, Members of the committee… Members of the House. This is simply a Bill that was requested by the City of Rockford to extend the TIF district as it relates to the Rockford Airport. What it does is helps us to further create economic development. And I would move for an 'aye' vote."
"Seeing no questions, the question is, 'Shall the House… I'm sorry. The Lady from Cook, Representative Mulligan, for what reason do you rise?"
"Thank you, Mr. Speaker, will the Sponsor yield?”
“Indicates he will.”
“Representative, have your school districts signed off on this?"
"I'm sorry?"
"Have your school districts signed off on this?"
"Yes, they’re one of the taxing districts."
"And all your taxing districts were in agreement that it was all right to do this?"
"Yes."
"Thank you."
"Seeing no further questions, the question is, 'Shall the House pass House Bill 441?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Hatcher. The Clerk shall take the record. On this 09600022.doc 16 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 question, there are 106 voting 'aye'; 3 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Reprentative Jefferson on House Bill 442. Read the Bill, Mr. Clerk."
"House Bill 442, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Thank you, Mr. Speaker, Members of the committee… Members of the House. This is a Bill that we ran last year and passed the House overwhelmingly. It came through committee 6-0-0. It's a request by the City of Rockford to be in a position to add red light cameras to their stoplights, if they choose to do that. It passed out of the House overwhelmingly last year. And I would ask for an 'aye' vote."
"The Gentleman from Champaign, Representative Rose, for what reason do you rise?"
"Thank you, Mr. Speaker. Is a… Will the Sponsor yield for some questions?"
"Absolutely."
"Mr. Jefferson, is the county of Champaign still a part of this Bill?"
"Yes, they are. And I was told by the… by your people that the mayor form Champaign requested this legislation."
"Well, I believe that the City of Champaign requested this legislation, not the county. It’s a little bit different situation, because my constituents don't live in the City of Champaign, they live in the county and we don't want 09600022.doc 17 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 this. I can't… Mr… I think Representative Cutra is in agreement with me. I know he's here and we talked about this, but this is not something the people from Champaign County want. This is, frankly, one village administrator in the City of Champaign and I would suggest once again, Representative Jefferson, that you… that you extend the courtesy to a fellow colleague to remove a part of the district that doesn't want to be in this."
"I appreciate that, Representative, but then you have another colleague that asked to be part of this legislation. Now, we talked about this extensively last year Representative…"
"Yes, we did."
"…as you know, you don’t have to buy into this. This just gives you the ability to do that in case you want to do it somewhere down the road. This is nothing that mandates that you have to do this in your county. It’s saying that it gives you the ability to do it if you so choose to do it, but it does not mandate you to do this."
"Representative Jefferson, do your… You're from Rockford area, right?"
"Yes."
"Do your constituents drive on the tollways of Chicagoland?"
"Yes."
"Have they received the same thousands upon thousands of erroneous tickets that have been sent out just like my constituents have from stoplights or from these cameras on the tollways? I’ve had calls. How many guys have had 09600022.doc 18 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 calls here from people mad at the tollway because they sent out thousands upon thousands of erroneous tickets? And you're going to give people in my county, who don’t want this, the same ability?"
"That is not in Rockford, Representative, but the second thing is that your mayor of your city requested this."
"It's not my city, Representative, that’s the point."
"Okay. Well, the mayor requested this."
"The mayor of the City of Champaign."
"Yes."
"But this applies to the County of Champaign; there's a difference. There are four legislative districts that feed into the County of Champaign only one of them is in the city of Champaign. My point, Representative Jefferson, is if you want to ticket people in Rockford, by all means ticket away, that’s your business. Don’t tell me how to run my business."
"I'm not trying to do that, Representative. I think the point you're missing is that you have the option to opt in or opt out of this. You don’t have to take this. This is nothing being mandated on your city, so I don't understand the what the point is you're making?"
"Well, how come you haven't made this applicable to all counties in the state, Representative? And if that’s the case, how come you're only making it applicable in certain counties?"
"Representative, we've had this conversation and I appreciate your comments, but I’m convinced that you and I 09600022.doc 19 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 are not going to resolve this between us and you need to vote your conscience."
“Representative Jefferson, we can resolve this if you just take Champaign County out. That’ll be resolved.”
“I’ve been requested to put Champaign County in.”
"There are three Representatives… four Representatives from Champaign County. Representative Black is not here today, but I know he was against this last year. Representative Cultra was against this last year. I'm against this last year and again today."
"Well, I've got one of your colleagues on this side of the aisle that requested that, Representative."
"Ah. So, when the tickets come, I should have them contact Representative Jakobsson?”
“Well, she is the only one that wanted it…”
“Should I tell them Representative Jakobsson wanted this?"
"She is one of the ones that requested this."
"So, okay. So, just to be clear, when my constituents get tickets, I'm going to tell them to call you and Representative Jakobsson. Is that right?”
“Representative…”
“Because you wouldn't extend the courtesy to remove…"
"Bring… bring your remarks to a close, please."
"Look, Representative Jefferson, I wouldn't… I would not stick Rockford with some Bill Rockford didn't want. All I ask is that you would extend the same courtesy to me and the other people that represent Champaign County. You're apparently unwilling to do that. I'm sorry that you're 09600022.doc 20 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 unwilling to do that, but… All I'm saying is these damn cameras don’t work, they're moneymakers for municipalities and if you look at what's going on on the tollway, it doesn't work, Representative. And my people don't want to be in this and I wouldn't do this to you. And I'd ask everyone in the Body to vote against this. And just ask yourself this question, how would you feel if someone from Rockford came and tried to affect your county? Just ask yourself that question. I wouldn't do it to you, Representative, all I'm asking is you not do it to me. Thank you, Mr. Speaker.”
Speaker Turner: "The Gentleman from Morgan, Representative Watson, for what reason do you rise?"
"Inquiry of the Chair."
"State your inquiry."
"What is the status of House Floor Amendment #1?"
"Mr. Clerk, what's the status of Amendment #1 to this Bill?"
Clerk Mahoney: "Floor Amendment #1 is in the House Rules Committee."
"Will the Sponsor yield?"
"The Gentleman indicates he will."
"So, you have no intention of calling House Floor Amendment number #1, Representative?"
"I'm sorry."
"You filed House Floor Amendment #1, but do… do you have no intention of moving that?"
"No." 09600022.doc 21 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009
"Okay. Can you also tell me do… who requested that Vermilion County be included in this piece of legislation?”
"I'm not sure without going back looking through the records."
"Do you think we can do Representative Black the courtesy of pulling this out until he gets back, so he can be here to at least have some input on it?"
"Representative Watson, you know we went through this last year and Representative Black stated his opposition against this Bill last year, along with Representative Rose and all the other people who disagree with this Bill. I don't think it's going to make a difference if we hold it now because the Bill is the Bill. And if you disagree with it, I understand that. I would say vote your conscience, but this is something that the city requested. And responding to Representative Rose's earlier comments, is that if the City of Rockford called his… him up and asked him to include something for Rockford, the mayor of Rockford, I would think he would have the courtesy to do that."
"Representative, I understand that, but I guess I would strongly encourage you to pull this back and give Representative Black the opportunity to at least discuss this with you. Should you choose not to do that, obviously, that is… that is your prerogative. But I think we're getting to the point where we're starting to set a tone here again that maybe is not the tone that's going to be conducive to address the real problems that the state has to address. Thank you." 09600022.doc 22 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009
"Turn on Representative Jefferson."
"Representative, you know what, I'm going to extend you that courtesy, Representative Watson, to have a talk with Representative Black when he comes back and we’ll be back with this next week and from that point we will call the Bill. But I will extend that courtesy. Mr. Speaker, take this out of the record, please."
Speaker Turner: "The Bill will be taken out of the record. Representative Harris… The Gentleman from Cook, Representative Fritchey, for what reason do you rise? Representative Harris, we have House Bill 445. Read the Bill, Mr. Clerk."
"House Bill 445, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Thank you, Mr. Speaker. This is a Bill brought to me by the State's Attorney of Cook County. It conforms the schedule 1 for controlled substances in Illinois with the federal control substances Schedule by adding a new chemical BZP, which is a analog to the former drug known as MDA. I would ask for an 'aye' vote."
Speaker Turner: "The Gentleman from Bond, Representative Stephens, for what reason do you rise?"
"Will the Gentleman yield? Representative, we go through this exercise every year and we have to add a new substance. It occurs to me in my pharmacy training that we're going to take BZP and we're going to put a methyl ester on it and then we're going to have… that’s going to have a new name and then we're going to have to do this again next year. And I'm going to support your Bill 09600022.doc 23 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 because we’ve been through this before, but we have legislation coming that’s going to make this annual effort, I believe, unnecessary. We would like to be able to adopt the DEA… I'm not sure, the log book or whatever they call it…”
"The schedule?”
"…the schedule, so that… because they're like six, eight, ten months ahead of us already and they’ve got this and we could adopt that schedule permanently and we wouldn't have to go through that. Would… is that something that you think you could agree to?"
"It sounds like a good idea to me, Representative…”
“All right. Well, I…”
“…especially, if we have to keep doing this to keep ahead of the chemists and as Representative Fortner explained to me, yes."
"I would just… I would appreciate the fact that we could… we could look at that Bill in the next couple of weeks and I rise in support of this Bill in the meantime. Thank you."
"Thank you."
"Seeing no further questions, the question is, 'Shall the House pass House Bill 445?’ All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 109 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is 09600022.doc 24 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 hereby declared passed. Representative Dunkin. Ken Dunkin, we have House Bill 446. Read the Bill, Mr. Clerk."
"House Bill 446, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Thank you, Mr. Speaker. House Bill 446 simply amends the Illinois Identification Card Act and it requires the Secretary of State's Office to affix the signature or mark the applicant for standard Illinois Identification Cards and the Illinois Disabled Persons Identification Cards rather than requiring each applicant to affix his or her signature to the card upon receipt and prior to its use for any purpose. I'd ask for an 'aye' vote."
"Seeing no questions, the question is, 'Shall the House pass House Bill 446?' All those in favor should vote 'aye'; all those oppose vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are voting 109 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Verschoore on House Bill 457. Read the Bill, Mr. Clerk."
Clerk Mahoney: "House… House Bill 457, a Bill for an Act concerning transportation. Third Reading of this House Bill.”
"Thank you, Mr. Speaker and Ladies and Gentlemen. What this Bill does is, House Bill 457 amends the Illinois Highway Code in regard to naming a section of interstate or state highway in honor or memory of one or more Illinois State Troopers killed in line of duty. More than 50 09600022.doc 25 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 Illinois State Police Officers have given their lives to protect the citizens of Illinois, many on Illinois highways. Each served with distinction and went to work each day knowing the possibility of making the ultimate sacrifice while dedicating their life to protecting us. The Bill outlines a process that requires a written request by the Illinois State Police to the Illinois Secretary of Transportation which specifies information to be supplied to the request. The language directs the Secretary of Transportation to consult with the director of State Police on the design of a signage to be used and requires signage to be erected within an agreed upon time frame. Additionally, collaboration between the two agencies is required in a situation where a section desired to be used in honor of the fallen officer is already named for another individual or organization. The program is at no cost to the state. The cost of this signage is to borne by the labor organization representing the troopers under contractual arrangement or agreement prior to the agencies incurring those costs. I would request your consideration in supporting this and I'll be glad to answer any questions.”
Speaker Turner: "…no questions, the question is, 'Shall the House pass House Bill 457?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 109 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, and is 09600022.doc 26 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 hereby declared passed. The Gentleman from Lake, Representative Sullivan on House Bill 460. Read the Bill, Mr. Clerk.”
"House Bill 460, a Bill for an Act concerning finance. Third Reading of this House Bill."
"Thank you, Mr. Speaker and Ladies and Gentlemen. This is identical language that was passed out of the House by our former colleague, Judge Scully, last year. What this Bill does is it amends the Build Illinois Bond Act that allows for loans or grants to be administered by the IEPA to units of local government. It expands who can receive these bonds or these grants to counties, to uncooperated areas, as long as it's being administered by a unit of local government. I'll be happy to answer any questions.”
"Seeing no questions, the question is, 'Shall the House pass House Bill 460?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all vote who wish? The Clerk shall take the record. On this question, there are 108 voting 'aye', 'noes' 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Jakobsson, we have House Bill 461. Read the Bill, Mr.Clerk."
"House Bill 461, a Bill for an Act concerning education. Third Reading of this House Bill."
Speaker Turner: "The Lady from Champaign, Representative Jakobsson." 09600022.doc 27 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 461 would create a new Act entitled the Transparency in College Textbook Publishing. And there are a number of things that would be required of this and number one of them is that bundled books that are offered to college students would have to be offered as individual unbundled textbooks. Also, being made… the publishers should disclose to the prospective client, whether that’s the faculty member or other adopting entity in charge of selecting books, certain specifications: the copyright dates of the three previous editions of the book, a description of the substantial content changes between the current edition and previous additions, and the existence and price of alternative formats of textbooks. This would really help our college students save some money when they're buying their textbooks."
Speaker Turner: "The Gentleman from Dekalb, Representative Pritchard, for what reason do you rise?"
"Thank you Mr. Chair. Will the Sponsor yield?”
"Indicates she will."
"Representative, is this an issue that is really that significant on college campuses?"
"I think it is, a number of students have talked to me about it.”
"So, has this practice of requiring transparency been utilized by other states?"
"I don't have the answer about other states."
"So, we don't know that this is really going to work or what the impact is going to be on the publisher, or if 09600022.doc 28 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 school professors, college professors will really pay any attention to this?"
"Well I've worked with a number of people, publishers and others, to get this Bill the way it is. We have worked together to make sure that it is going to work for them as well as the students."
"Have you had any discussion with your university professors about the cost of textbooks and the fact that they often change their requirements from one semester to the next, which adds to the cost of reprinting these, and it also destroys the market for using textbooks, reselling textbooks."
"I've had more conversations with the students about the cost of textbooks."
"So, you haven’t talked to any of your professors. You don't know that simply knowing the cost is going to really make any difference in their decisions."
"I believe that professors are interested in their students and if they know that this here, some… I believe that many of them will look at this."
"Have you heard from publishing companies, have they talked to you about the impact of this Bill?"
"The Association of American Publishers are proponents of the Bill."
"So, they became a supporter after you made your Amendment, is that correct?"
"Yes. …or the Illinois Retail Merchants are proponents as well as the University of Illinois at Urbana- Champaign." 09600022.doc 29 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009
"Okay. And finally, could you just recap quickly what you're requiring in this Bill be done?"
"Yes. Bundled textbooks would have to be offered as unbundled textbooks and supplemental materials. The copyright dates of the three previous editions of the textbook, if any. These are the things that would need to be disclosed: a description of the substantial content changes made between the current edition of the textbook or supplementary material and the previous edition, if there are any content changes, and the existence and price of alternative formats of the textbooks or supplemental materials."
"If this becomes law, I would hope that you would do some follow-up work to see if this really has any impact, and perhaps let us know if this is solving the problem that we deal with in terms of escalating costs of textbooks. Thank you very much."
"The Gentleman from Crawford, Representative Eddy, for what reason do you rise… The Gentleman from DuPage, Representative Reboletti, for what reason do you rise?"
"Thank you, Speaker. Will the Sponsor yield?"
"She indicates she will."
"Representative, if we could… I'm sorry. Speaker, could we have a little bit of order. I was having trouble hearing Representative Jakobsson. Thank you, Speaker. Representative, I teach at Triton Community College as an ajunct and oftentimes my students have difficulty paying for their textbooks, so I try to stay away from 09600022.doc 30 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 supplemental books. When you have books that are a hundred and fifty dollars it becomes very difficult for them to pay for those. How is this actually going to save my students money? So, if I teach in the fall, will I be able to tell them that they can actually save some type of money off of these books or is this actually just making sure that the process of how books are selected is transparent, if they know if other options out there?"
"I think one of the important parts of this Bill is that the bundled materials should be unbundled and supplemental materials if they are off… can be offered separately, will help our students."
"And you would be willing to provide some follow-uo to see if this has any economic impact on the students if it helps them out at all?"
"I don't know what you said. I'm sorry, I can't hear."
"I understand. Would you be able to give us some information, hopefully, maybe in a year if this Bill passes, that there actually is some economic impact that helps out students across the state?"
"I'm not sure how I’ll get that information, but if I can get it, I will give it to you."
"I appreciate that. Thank you."
Speaker Turner: "The Gentleman from DuPage, Representative Fortner, for what reason do you rise?"
"Thank you, Mr. Speaker. To the Bill. As someone who has spent many, many years ordering textbooks and for the college classroom and dealing both with bundled and 09600022.doc 31 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 unbundled, I would like to maybe address some of my personal concerns and one of the things I think that this Bill will be very successful in addressing. And the concern has been that when we get these bundled textbooks, a lot of times what we’re trying to do is say, well, we like this textbook and the publisher says, well, if you put these together we can offer them at a lower rate. Well, it's not always the case that the student actually needs all those. They may have acquired used textbooks from previous semesters and they don’t really know which parts are going to be most valuable for them to be able to complete the material, make sure that there’s… they're not missing any material that would be included in the faculty member's curriculum for that course. I think this kind of legislation will help make sure that both the faculty member when they’re doing the selection and the students when they're purchasing their textbooks at the beginning of the semester will actually be able to know what their options are. Is the bundled textbook their best value, which it might well be or is there some other combination of used books and new books that fits their needs and still adequately covers all the materials in the course. I would urge an 'aye’ vote."
"Seeing no further questions, the question is, ‘Shall the House pass House Bill 461?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? The Clerk shall take the record. On this question, there are 109 voting ‘aye’, 0 ‘noes’, 0 'presents'. And this Bill, having 09600022.doc 32 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 received the Constitutional Majority, is hereby declared passed. Representative Jakobsson, we have House Bill 466. Read the Bill, Mr. Clerk.”
"House Bill 466, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Jakobsson, we have House Bill 466."
"All right. Out of the record, please."
Speaker Turner: "Take the Bill out of the record. Representative Jakobsson, we have House Bill 467. Read the Bill, Mr. Clerk."
"House Bill 467, a Bill for an Act concerning gaming. Third Reading of this House Bill."
"Representative Jakobsson."
"House Bill 467 amends the Illinois Horseracing Act in relation to payments associated with off-track wagering facilities. In the… where there is an off-track wagering facility the museums in that community get a portion of the distribution. And the way the original statute was written first it said that the city of… park district and the museum in Champaign would get the money because it went to Cham… the district… the OTB was in Champaign. Then and when it moved to Urbana, we had to change the statute to say that Urbana would get it. Now, it's moved back to Champaign. So, this would just clarify the statute and say that the revenue generated from an off-track betting facility is paid from GRF to the park district in which the facility is located for museum purposes, then we don't have to come back every time the OTB moves." 09600022.doc 33 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009
"Seeing no questions, the question is, ‘Shall the House pass House Bill 467?’ All those in favor should vote 'aye'; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 105 voting 'aye', 4 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Lady from Cook, Representative Mell, for what reason do you rise?"
"Mr. Speaker, a point of personal privilege, please."
"State your point."
"Raphael Delgado was my predecessor, Rich Bradley’s staffer in Chicago for six years. Last year he went to Iraq and suffered a horrific war accident. He now lays in a… at Walter Reed Hospital and is recovering. This weekend we are having an event in my district at McGills Bar and Grill, I am a guest bartender and I encourage everyone to come by and support this man and his family who have given so much to my district and to the State of Illinois. Thank you."
"Thank you for the information, Representative. Representative Berrios, we have House Bill 470. Read the Bill. Out of the record. Representative Jerry Mitchell, we have House Bill 473. Jerry Mitchell? Out of the record. Representative Winters? Out of the record. Representative Boland, we have House Bill 480. Read the Bill, Mr. Clerk."
"House Bill 480, a Bill for an Act concerning State Government. Third Reading of this House Bill." 09600022.doc 34 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009
"Thank you, Mr. Speaker. What this Bill does, House Bill 480, is it provides that the state automobile travel mileage reimbursement rate is allowed to increase in the event that the rate set under the federal regulations increases and this would be allowed to increase during the course of the state's fiscal year. The effective date of the new rate would be the effective date of the change in the federal rate, rather than at right now it… we have to wait ‘til July 1. So, this provides a measure of fairness. Right now indeed… it takes effect immediately if it decreases, but if it increases it doesn't take effect until July 1."
"Seeing no questions, the question is, ‘Shall the House pass House Bill 48… I'm sorry. Representative Dunkin, the Gentleman from Cook. Seeing no questions, the question is, ‘Shall the House pass House Bill 480?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Will Burns, Dugan. Dugan, are you voting? The Clerk shall take the record. On this question, there are 93 voting ‘aye’, 16 voting ‘no’, and 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have House Bill 475. Representative Winters. Read the Bill, Mr. Clerk."
"House Bill 475, a Bill for an Act concerning education. Third Reading of this House Bill."
"The Gentleman from Winnebago, Representative Winters." 09600022.doc 35 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009
"Thank you, Mr. Speaker. This is a Bill that we passed out unanimously last year but got tied up in the Senate. It basically allows school districts where there has been a change in income through the year to go back in and verify the household income in the case of higher income. It does not affect the school lunch program, but would on school fees. It got out of committee unanimously. Be happy to answer any questions."
"Seeing no questions, the question is, ‘Shall the House pass House Bill 475?’ All those in favor should vote 'aye'; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 109 voting ‘aye’, 0 ‘noes’, 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Winters, we have House Bill 476. Read the Bill, Mr. Clerk."
"House Bill 476, a Bill for an Act concerning revenue. Third Reading of this House Bill."
"From Winnebago, Representative Winters."
"Thank you, Mr. Speaker. House Bill 476, again, is a Bill that passed out unanimously in the House but was hijacked in the Senate with an Amendment and this allows a more fair distribution of motor fuel taxes within specific counties. I've talked to most people that have counties that are affected. It does not affect counties that are not on the list of about 10. It simply is a tax fairness issue of higher population townships that do not get any 09600022.doc 36 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 motor fuel tax. This allows them a prorated share, not a full share. Be happy to answer any questions."
"Seeing no questions, the question is, ‘Shall the House pass House Bill 476?’ All those in favor should vote 'aye'; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 109 voting ‘aye’, 0 ‘noes’, 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Winters, we have House Bill 477. Read the Bill, Mr. Clerk."
"House Bill 477, a Bill for an Act concerning local government. Third Reading of this House Bill."
"The Gentleman from Winnebago, Representative Winters."
"Thank you, Mr. Speaker. This Bill is coming before us with all of the local representation in support. It allows the Winnebego County Forest Preserve District to have its own commissioners, divorcing them away from the county board. We've found some conflict between the roles of county board commissioner and forest preserve commissioner. It is set up on the model of the Rockford Park District where there would be seven commissioners elected at-large in the county on a nonpartisan basis. They would not receive compensation for their service on the forest preserve board. We had a advisory referendum last fall and almost 70 percent of the local electorate supported the idea of an independent forest preserve district board. I would be happy to answer any questions." 09600022.doc 37 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009
"The Gentleman from Winnebego, Representative Jefferson, for what reason do you rise?"
"Thank you, Mr. Speaker and Members of the House. I just rise in support of this Bill. As Representative Winters said, the county board came to us and asked if we could run this legislation. It's already existed in a lot of other counties and we felt this was their request, so I’m happy to be part of the legislation."
"The Lady from Lake, Representative Cole, for what reason do you rise?”
"A question for the Sponsor, please."
"Indicates he'll yield."
"Thank you. Representative Winters, is the Winnebego County Board and Winnebego Forest Preserve, are they the same people?"
"They are currently. There are 28 members of the Winnebago County Board and they also serve as the board of commissioners for the forest preserve. And we've had instances where the forest preserve is looking at acquiring land along river corridors and at the same time the county board is voting on zoning issues where developers are seeking to develop some of the ground the the forest preserve would like to maintain as natural space. So, there is kind of an inherent conflict between their two hats that they wear. This would allow separate boards to get… exist for separate purposes."
"Representative, the Downstate Forest Preserve Act has a provision that if a county reaches a certain population, those two boards would be split automatically." 09600022.doc 38 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009
"And I don't believe we're… we're at that population limit. We're…"
"Is there a reason why you didn't amend the Downstate Forest Preserve Act to change the population threshold?"
"Well, we all… I think we had to deal with the fact that we couldn't do it by district and we were trying to make it a nonpartisan at-large rather than by district. I'm not sure the provisions of the Downstate Forest Preserve if they require districts for the forest preserve board."
"Not all counties have forest preserve districts, so it would… it's only unique to a number of counties in Illinois."
"Correct. Now, this was… this was simply the way that we felt was the easiest way to approach it by doing it for Winnebego County alone, because we had already had the referendum on it."
"And you're making all those districts, all those county… all those forest preserve commissioners will be elected countywide."
"Yes."
"So, they will no longer be coterminous with the county board members."
"Correct. If you choose, you could run for both boards, but you would be running in a district for the county. In the forest preserve board, you would be running countywide. That’s also done in the Winnebag… or excuse me, the Rockford Park District Board, which has almost 200 09600022.doc 39 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 thousand people in the population for that park district. They do run district-wide, not by subdistricts."
"I understand, Representative, but they're not a part of the Downstate Forest Preserve Act. I'm concerned that this… this action needs legislative changes in the Downstate Forest Preserve Act other than just by referendum. So, I'm confused, having been a forest preserve commissioner myself for 10 years. This… forest preserves and county boards are coterminous positions. Park districts are completely not subject to the Downstate Forest Preserve Act. This doesn't amend the Downstate Forest Preserve Act. It's separate legislation based on a referendum that is not a provision of the Forest Preserve Act, so that’s why it concerns me."
"Well, this does amend the Downstate Forest Preserve Act. It is going into that Act and making provisions for specific counties which because of the population limits and the fact that we border Winnebago County it would only affect at this point Winnebago County."
"Okay. So, you're changing the Downstate Forest Preserve Act to state that if by referendum?"
"No, no. It would set it up without having a referendum."
"Okay. I… I have real reservations about this, Representative Winters, and I'll be voting ‘no’ until… Having been through this process with another county, I think there's only a handful of counties in Illinois that have forest preserves and this Bill would affect my county 09600022.doc 40 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 that has a forest preserve, as well, I'm afraid. Without… without a referendum."
"It would not affect Lake County. It would not affect Lake county."
"But there's only about five counties in Illinois that have forest preserves: DuPage, Lake, so… Okay."
"Well, Champaign County also, but the definitions in this would make it apply only to Winnebago County."
"And then each other county will come and have…”
“If they…”
“…separate legislation for their county."
"If they choose to do that, we were… our county forest preserve commission has… or executive director had met with the other forest preserve districts and they did not at this point desire to be part of the legislation. It could have been easy to do, but they chose to remain as they currently were. And I don't know if Lake County has a separate forest preserve board or if it is coterminous."
"No, Lake County is coterminous. Actually DuPage is the only one with a population threshold. Are you anticipating additional legislation so that the county… that the forest preserve commissioners will be paid positions?"
"No. That has not been in any expressed interest and again, we’ve had such a long history over… almost a hundred years of the park district board, which is our local model of a different taxing district. I know it’s a different animal, if you will, but we have public servants willing to serve in that role without compensation."
"Thank you, Representative." 09600022.doc 41 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009
"The Gentleman from Rock Island, Representative Boland, for what reason do you rise?"
"Will the Sponsor yield?"
“Sure.”
"He indicates he will"
"Dave, I liked a lot of… a lot of what you’re doing here, especially in making it nonpartisan, right?"
"Correct."
"Now, when would they be… they'd be elected for six-year terms. Would they be elected…"
"Mr. Speaker, I am having trouble hearing."
"Would they be elected at the same time as, say, school boards which are nonpartisan or would they be elected at the Presidential elections, you know, Governors' elections?"
"That’s a good question. I'm doing this from review, I'm not sure if… if it states in here when the election would take place. It refers to a General Election, so I'm assuming the November General Election, but I may be incorrect."
"Yeah. I would recommend that when you send this over to the Senate that perhaps they clarify that and in particular, my recommendation would be that it be with the other nonpartisan elections, because even if though they're nonpartisan in your Bill, which is good, if it’s the same time as the President or Governor and our race and so forth, it may tend to get tangled up in partisanship even though they’re technically nonpartisan. So, that would… that would be a recommendation I would ask you to do, to 09600022.doc 42 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 try to work with your Senate Sponsor. The other problem I do have with it is that you'd have seven commissioners, right?"
"Correct."
"That they’re at-large rather than district. And the reason I say that is that, historically, what we found is at-large districts tend to… well, number one, of course, it's going to cost more to campaign, you know, across the whole Winnebago County rather than a seventh of the county. The other problem is that, historically, we've found that at-large elections tend to not give minorities and lower income folks a chance to get elected to those things. So, most civil rights and other election rights people recommend that they be by district. Would you… would you consider, in the Senate, perhaps amending that to make that…"
"Well, we look at the precedent that we have in our own park district board, because it is so close to us and we have had minority representation, even though it is a… an at-large election of 200 thousand. Minorities are not a majority, certainly, in that district, but we have had minorities on the park district board. In fact, I believe they've been president. So, we don't have that history. If they are good candidates, I think our community is relatively color-blind."
"But I mean, is your current park board commissioners, they're currently elected by district, right?"
"No, they're not. They are… they are elected district wide. 09600022.doc 43 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009
“No, they’re not. They’re at large?”
“Yes. Nate Martin is a good friend and president and minority. You know, I… we don't… we don't seem to have any problem electing minorities. Charles Box, first mayor of Rockford, who is a minority, not a problem. I mean, he won with 70 percent of the vote."
"No, I realize your community is very open-minded there and I didn’t…"
Speaker Turner: "Bring your remarks to a close, Representative."
"…I just wish, you know, it was by district rather than at-large."
"Well, we'll look at the Senate, particularly on the first issue."
"Okay. Thank you."
"The Lady from DuPage, Representative Bellock, for what reason do you rise?"
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"I'm not sure if you were trying to model the DuPage model, Representative Winters, because in that Bill, when we sectioned off the forest preserve they are not elected at-large. They are elected from the districts that the county board members were from."
"Well, this is… we really didn't look at DuPage County, because it is not one that is high in the consciousness of Winnebago County. We have seen the management and the board leadership of the Rockford Park District done on a 09600022.doc 44 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 district-wide basis and it seems to work very effectively. We have spirited campaigns for those at-large districts. It doesn't seem to break the bank and we do have competition. It highlights the role of the media by not being able to run, you know, mailers and TV ads and things like that. So the media presentation of the candidates is highly important and leads to lower-cost elections and yet, the public, I think, is fairly comfortable with their knowledge level of the candidates for the park district board. We are trying that model. It seemed to be in discussions with community leaders that we wanted to go without districts.”
"Well, I'm sorry, I saw on our analysis that it was trying to be modeled on the DuPage and I was going to say that DuPage…"
"I think in divorcing the role of the forest preserve from the county board, that would be the model that we’re looking at, but not necessarily. We didn't take the language of the DuPage County Forest Preserve. We simply said let's divorce them and we saw that DuPage Forest Preserve seemed to be well run with the distinct board without the conflict inherent of a government that deals with zoning and development issues versus a board that looks at preservation of natural areas. That was the model, I think, that was referred to."
"Okay. Because they… and is your… is the county board paid?"
"Our county board is a paid county board, yes." 09600022.doc 45 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009
"So, what you're going to do is take these members off the board?”
"No. The county board will continue to serve in its role as a municipal organization concerned with the sheriffs, police, the courts, the health department, the animal services department, the general county government. They will continue to be paid county board members, but they will focus on those municipal duties. The forest preserve board will be divorced off and not compensated."
"And you're reducing the size of the county board?"
"We're not. It does not change."
"Oh, okay, fine. So, it's totally different."
"The county board will continue to be as it is, but it will not have the duties of forest preserve commissioner. That’s really the only change to the county board."
"Right. Okay. Thank you."
"Seeing no further questions, the question is, ‘Shall the House pass House Bill 477?’ All those in favor should vote 'aye'; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 108 voting ‘aye’, 1 voting ‘no’, 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from DuPage, Representative Reboletti, for what reason do you rise? "
"Mr. Speaker, on House Bill 480, I'd like to be noted as a 'yes' on the record. On House Bill 480."
"The record will so reflect it." 09600022.doc 46 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009
"Thank you."
"Representative Jerry Mitchell on House Bill 473. Read the Bill, Mr. Clerk."
"House Bill 473, a Bill for an Act concerning local government. Third Reading of this House Bill." Mitchell, J.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill originated with several of the school districts in my area. I've talked to all my superintendents and basically, what it does is it allows the school district that wants a 1 percent sales tax to actually share some of that 1 percent sales tax revenue with a city or municipality. Basically, they feel like they can't pass a referendum on their own, but they think in some cases if they partner with a municipality for a project that is needed in that municipality they have a better chance of passing a referendum and getting a portion of that 1 percent. It doesn't change any of the other parameters; doesn’t give them more ability to raise revenue. It still takes a front door referendum for it to pass. It's just simply a sharing of that 1 percent. Each of the municipalities and the school districts right now can run a 1 percent sales tax increase now. This is a little different concept; the schools get to decide that. It's entirely up to the school district if they want to do such a thing. Be happy to answer any questions."
"Seeing no questions, the question is, ‘Shall the House pass House Bill 473?’ All those in favor should vote 'aye'; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? 09600022.doc 47 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 The Clerk… the Clerk shall take the record. On this question, there are 96 voting ‘aye’, 13 voting ‘no’, 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Burke, we have House Bill 483. Read the Bill, Mr. Clerk."
"House Bill 483, a Bill for an Act concerning local government. Third Reading of this House Bill."
Speaker Turner: "The Gentleman from Cook, Representative Burke."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. House Bill 483 is an initiative of the water… pardon me, the Metropolitan Water Reclamation District of Greater Chicago. And very simply we will amend the Metropolitan Water Reclamation District's Act to increase the threshold for issuance of emergency purchase orders from 25 thousand to 50 thousand, and this would be only in the case of emergencies that would threaten the public health. I'd be happy to answer any questions."
"Seeing no questions, the question is, ‘Shall the House pass House Bill 483?’ All those in favor should vote 'aye'; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 63 voting ‘aye’, 44 voting ‘no’, 2 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Supplemental Calendars #1, we have House Resolution 130. Representative Durkin." 09600022.doc 48 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009
"Thank you, Mr. Speaker. House Resolution 130, I believe, will clarify an issue that has been before this Body for a few weeks and it relates back to the special investigative committee. There was an issue a few weeks back about a supplemental affidavit that was submitted by Senator Roland Burris. It was placed on the special investigative committee Web site and after discussions between myself and also the Majority Leader, who is the chairman of the committee, we wanted to make it very clear that that affidavit and documents that are on the Web site are not part of the official record. They were never received into evidence. We believe that this is the appropriate way to deal with that particular affidavit."
"Seeing no questions, the question is, 'Shall the House adopt House Resolution 130?' All those in favor should say 'aye'; those opposed say ‘no’. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. The Lady from Lake, Representative May, for what reason do you rise?"
"Yes. Mr. Speaker, I would like to table House Bill 2407 and actually table it with pleasure. It just shows if you work on an idea long enough the Federal Government passes. This is banning Internet prescribing of controlled prescription. Mission accomplished. Thank you."
"The Lady moves to table House Bill 2407. Are there any objections? Seeing none, the Bill will be tabled. Representative Moffitt, for what reason do you rise? The Gentleman from Knox." 09600022.doc 49 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009
"Mr. Speaker, I rise to a point of personal privilege, if we're between Bills now."
"State your point; we are between Bills."
"Something happened to somebody in our row here this week that probably should be brought to the attention of the Body. The ageless, the ever young, Jim Sacia turned another year old. He is at least 39 now. Would you join me in wishing him a happy birthday."
Speaker Turner: "Jim Sacia. Happy birthday, Jim. Happy Birthday, Jim. The Gentleman from Cook, Representative Will Davis, for what reason do you rise?" Davis, W.: "Thank you, Mr…"
"Members, excuse me. Members, this is a Death Resolution. Members, if they'd be in their seats, please." Davis, W.: "Thank you very much, Mr. Speaker. On my drive down to Springfield on Tuesday, I received a call from General Enyart from the Illinois Natural Guard, who informed me that Specialist Simone Robinson, age 21 who was assigned to Company G of the 634th Brigade Support Battalion in Crestwood, died March 1, at Brooke Army Medical Center in San Antonio, Texas from wounds she sustained January 17, in Afghanistan. Simone, along with four other Illinois Army National Guard soldiers were wounded in an attack by a vehicle-borne improvised explosive device. Robinson, a resident of Robbins, Illinois, graduated from Thorton High School in Harvey, Illinois, in 2005. She joined the Illinois Army National Guard in December 2004, and completed basic training December 2005. This was her first deployment and she is survived by he two-year-old daughter. 09600022.doc 50 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 She was posthumously promoted to sergeant. Certainly, our prayers go out and condolences go out to her family in the south suburbs and I just simply ask for a moment of silence on her behalf. Thank you very much, Mr. Speaker."
"Mr. Clerk, Adjournment Resolutions."
Clerk Mahoney: "House Joint Resolution 32, offered by Representative Currie. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that when the House of Representatives adjourns on Thursday, March 05, 2009, it stands adjourned until Tuesday, March 10, 2009 at 12:00 noon; and when the Senate adjourns on Friday, March 06, 2009, it stands adjourned until Tuesday, March 10, 2009."
"The Gentleman… Ladies and Gentlemen, Ladies and Gentlemen, please. The Gentleman from Fulton, Representative Smith, for what reason do you rise?"
"Thank you, Mr. Speaker, just for a point of information. I'd like to announce on behalf of Representative Moffitt and myself, the Fire Caucus will meet for the first time in this General Assembly next Thursday morning at 7:30 in the Rathskellar. This is our Legislative Session planning meeting. So, if you're a Member of the Fire Caucus, please plan on attending. If you’re not a Member, come and we'll sign you up. Thank you."
"The Lady from Cook, Representative Howard, for what reason do you rise?"
"I'd like to announce that the three subcommittees that are established under the auspices of the Judiciary II- 09600022.doc 51 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 Criminal Law Committee will be having hearings on next week on Thursday. We will have three hearings for those three subcommittees that were established and those who want to know the numbers of the Bills that will be considered during those three subcommittee hearings can check online. They will be online by the end of the day. Thank you."
Speaker Turner: "The Gentleman from Jackson, Representative Bost, for what reason do you rise?
"Thank you, Mr. Speaker, just to let the Body know that at 3 p.m. or 3 a.m. this morning Representative Bill Black's father passed away in Mesa, Arizona. So if everyone would remember the family in prayer over the weekend and that's where Bill was at today."
Speaker Turner: "Thank you for the announcement, Representatives. Representative Currie moves for the adoption of Adjournment Resolution. All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the ‘ayes’ have it. And the Adjournment Resolution is adopted. Agreed Resolutions, Mr. Clerk."
"On the Order of Agreed Resolutions is House Resolution 153, offered by Representative Howard. House Resolution 155, offered by Representative McCarthy. And House Resolution 159, offered by Representative Mell."
"Representative Currie moves for the adoption of the Agreed Resolutions. All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Agreed Resolutions are adopted. Seeing no further business before this House, 09600022.doc 52 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day 3/5/2009 Representative Currie moves that the House stands adjourned until Tuesday, March 10 at the hour of 12 noon, allowing perfunctory time for the Clerk. The House will stand adjourned until Tuesday, March 10 at the hour of 12 noon. And the House stands adjourned." 09600022.doc 53