The hour of 12:00 having arrived, April 29 (sic- 28), 2009, the House shall be in Session. We’ll be led today in prayer by the Reverend Art Joplin, who is the pastor of Marion Church of God, in Marion, Illinois. Reverend Joplin is the guest of Representative Bradley… John Bradley. 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. Pastor Joplin."
"Almighty heavenly Father, the giver of life, grace, mercy, and love, what a privilege it is to stand before this House and to stand before Your throne, and invoke Your presence, and Your blessing upon this meeting today, as they do the business of our great state. I pray, Oh God, that You will be with them and give them the wisdom that is needed and the knowledge, Oh God, to do the things that would be pleasing in Your sight. In the name of our Lord, Amen."
"We shall be led in the Pledge today by the… the Gentleman from Cook, Representative Thapedi." Thapedi – et al: "I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
"Roll Call for Attendance. The Lady from Cook, Representative Currie."
"Thank you, Speaker. Please let the record show that there are no excused absences among House Democrats today." 09600045.doc 1 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
Speaker Turner: "The Gentleman from Jackson, Representative Bost, for what reason do you rise?"
"Thank you, Mr. Speaker. Let the record reflect that Representatives Mulligan and Tracy are excused on the Republican side of the aisle today."
"The record will so reflect. The Clerk shall… Clerk shall take the record. There are 114 Members present, a quorum is present, and we’re prepared to do business. Mr. Clerk, Committee Reports."
Clerk Bolin: "Committee Reports. Representative Currie, Chairperson from the Committee on Rules, to which the following legislative measures and/or referred Action Motion were referred, action taken on April 28, 2009, reported the same back with the following recommendation/s: 'direct floor for consideration' for House Resolution 294; 'direct floor for consideration' for Amendment #1 to Senate Bill 1631. Introduction of Resolutions. House Resolution 309, offered by Representative Stephens. House Resolution 313, offered by Representative Ryg. House Resolution 315, offered by Representative Bellock. House Resolution 317, offered by Representative Burke. House Resolution 321, offered by Representative Colvin. House Joint Resolution 48, offered by Representative May. House Joint Resolution 50, offered by Representative Coulson. And House Joint Resolution 51, offered by Representative Thapedi. These Resolutions are referred to the Rules Committee."
"The Gentleman from St. Clair, Representative Jackson, for what reason do you rise?"
"Point of a personal privilege, please." 09600045.doc 2 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
"State your point."
"I have with me from East St. Louis, Wyvetter H. Younge Middle School gifted students and their sponsors. Their sponsors being: Patricia Galloway, Brenda Larnell, Opal Walker, Howard McNeese and LaSaundra Blakley. I would like all of you to join with me to welcome them to the chambers in Springfield, Illinois, from East St. Louis."
"Welcome to Springfield. The Gentleman from Winnebago, Representative Sacia, for what reason do you rise?"
"Point of personal privilege, Mr. Speaker."
"State your point."
"Ladies and Gentlemen of the Body, if I could have your attention. We have in our presence today, one of the most noted artists in the State of Illinois, Mr. Carl Johnson. He is accompanied by his lovely wife, Marilyn. They’re in the gallery behind me. Carl has a gallery on Main Street in Galena. They are both very, very involved in historic preservation and are in Springfield today lobbying on the behalf of historic preservation. Would you please help me acknowledge two very distinguished and honorable constituents that I have the privilege of serving from Galena, Illinois, Carl and Marilyn Johnson."
"Welcome to Springfield. Mr. Clerk."
"Introduction of House Bills. House Bill 4445, offered by Speaker Madigan, a Bill for an Act concerning compensation. First Reading of this House Bill."
"Mr. Clerk, House Resolution 302." 09600045.doc 3 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
"House Resolution 302, offered by Representative Cross and Representative Hatcher. WHEREAS, The Oswego High School Panthers boys varsity basketball team finished second in the 2008-2009 Illinois High School Association 3A State Basketball Tournament and claimed the school's first State trophy in basketball; and WHEREAS, The Oswego High School basketball team attained a 11-3 record in the Southwest Prairie Conference; the team ended the 2008-2009 season with a 26-7 record; and WHEREAS, Kevin Schnable coached the Oswego High School basketball team to the State championship game, where they lost 61-59 to Centennial (Champaign) High School; the team went 6-1 in the tournament playoffs; and WHEREAS, Oswego reached the championship game after Oswego senior guard Jordan Mitchell's clutch 3-pointer at the buzzer led his team to a 56-55 win over Leo (Chicago, Illinois) in the State Tournament's semi-final game; and WHEREAS, During the final game of the State championship, team members Mitchell and Ziemnik made many 3-pointers; team member Galow made many assists; Kwiatkowski secured clutch rebounds in an epic game between Oswego and Champaign Centennial; and WHEREAS, The Panthers' season ended with a 26-7 record and the best finish in Oswego High School's basketball history; and WHEREAS, Oswego High School led the Southwest Prairie Conference with 2,097 points during the 2008-2009 season and established itself as a powerhouse in the conference; and WHEREAS, The student-athletes who led the Panthers to their second place finish in the IHSA Class 3A Boys State 09600045.doc 4 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 Basketball Tournament are Ryan West, Danny Bruzdzinski, Brett Baumgartner, Bukky Adeofe, Andrew Galow, James Taylor, Tyler Pence, Jordan Mitchell, Chris Bagley, Parker Meek, Joe Kwiatkowski, Andrew Ziemnik, Collin Seibert, Paul Cahill, DeAndre Mitchell, and Team Manager Alex ‘Gator’ Gates; and WHEREAS, The IHSA Class 3A Boys Basketball State Runners-up were led by Head Coach Kevin Schnable and Assistant Coaches Matt Borrowman, Jim Bagley, Mike Hettinger, Mike Schnable, Tim Taviani, Jeff Henrikson, Mike Anderson, and Joe Sweeney; the team was additionally assisted by videographer George Bailey, bus driver Dave Sutcliff, and athletic trainers Brian Cronin and Michelle Knizner; and WHEREAS, Superintendent Dr. David Behlow, Principal Mike Wayne, Assistant Principals Dr. Nancy Chibe and Craig Watson, Athletic Director Steve McInerney, Assistant Athletic Director Greg Scott, Mark Johnson, and Athletic Administrative Assistant Sarah Miller made the 2008-2009 season for the Panthers possible; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate and applaud the 2008-2009 Oswego High School Panthers boys basketball team for their accomplishments during the 2008-2009 season, for their talent and teamwork displayed on the court, and for the outstanding coaching staff that led the team to the State Championship game and brought the team to a fantastic conclusion as the State runner-up in the boys Class 3A tournament; and be it further RESOLVED, That suitable copies of this resolution be presented to Oswego High School Athletic Director Steve 09600045.doc 5 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 McInerney, Head Coach Kevin Schnable, Oswego Principal Mike Wayne, and the entire Oswego High School boys basketball team and coaching staff.”
Speaker Turner: "The Gentleman from Kendall, Representative Cross."
"Mr. Speaker and Ladies and Gentlemen of the chamber. I’ll take just a couple of minutes, but I want to tell you how proud I am of this group of boys and young men… I… it really is… they’re older than that, and the coaching staff. I watched, had an opportunity to watch, a good bit of the season as they played basketball and they got progressively better as the season went on. And it was a testament, I think, to great coaching by Kevin Schnable that they peaked at just the right time; but what struck me about this team throughout the year is, not a single one of the guys on this team, and this includes really the coaches and the ballplayers all the way to the trainer, ‘Gator’, did anything in a selfish manner. They were teammates, in the ultimate meaning of the word teammates. They were willing to pass the ball to give everybody else an opportunity to shoot, to rebound, to assist, to work, whatever it took, in whatever way to win and I found that to be an impressive style of basketball. The other thing that strikes me about this team is, in talking to and getting to know some of the coaches and trainers, Steve McInerney, the athletic director, is they have instilled in the guys, not only a work ethic, but an understanding of what’s right and wrong, and about working together and about overcoming challenges. And these are going to be guys that are very productive 09600045.doc 6 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 members of our society in the years to come and we can all be very proud of them. So, on behalf of all of Oswego and the State of Illinois, I want to say congratulations to all the guys on this team, to the coaches, to the trainers, to the whole staff, and to the whole administration. Thank you, guys, very, very much and congratulations on a great season."
Speaker Turner: "Congratulations. The Lady from Kane, Representative Hatcher, for what reason do you rise?" Hatcher: Oh. I wanted to add my congratulations, as well, to the entire community. We have to remember that when there’s any kind of a team that’s involved, it includes the players, it includes the coaches, it includes the parents who bring these fine young people together and it also includes the entire community that supports them. I was reminded when I talked with the team that the young man who was the coach for this group was in the sixth grade when I was on the school board in Oswego. So, I think nothing says this more strongly about how what a good place the Fox Valley is to live. We grow up here, we learn here, we may travel somewhere else, but we always come back home and we are so, so proud that you’re a part of us. Thank you."
"The Gentleman from Crawford, Representative Eddy, for what reason do you rise?"
"Point of personal privilege."
"State your point."
"Mr. Speaker, I’d like to take a moment and have the General Assembly welcome, along with me, some individuals from Marshall, Illinois. Senator Dale Righter has joined me 09600045.doc 7 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 to recognize this group from Marshall, if they'd stand up. They were part of a… an assembly of folks today that pointed out historic preservation sites in Illinois that are in danger. The Archer House in Marshall, Illinois is one of those historic sites that’s been designated as one of the top 10 endangered sites. Welcome to Springfield. Thanks for advocating for your historical site, mayor, thank you."
"Welcome to Springfield. Ladies and Gentlemen, we’re going to move to the Order of Third Readings. We’re going to start on page 3 of the Calendar, Senate Bills on the Order of Third Reading, and we’ll proceed down the Calendar accordingly. Now, on that order, the first Bill to be called is Senate Bill 35, Representative Pihos. Read the Bill, Mr. Clerk."
"Senate Bill 35, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"The Lady from DuPage, Representative Pihos."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 35 corrects an unintended consequence from a previous Bill that allowed sick leave for adoption or placement of adoption. The Bill was not written correctly and this is actually language to have it reflect the 30-day intended leave that we were giving to parents, both for maternity leave, adoption, or placement for adoption. I would be happy to answer any questions. It’s an agreed Bill."
"Seeing no questions… The Gentleman from Lee, Representative Mitchell, no. Seeing no questions, the question is, ‘Shall the House pass Senate Bill 35?’ All 09600045.doc 8 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 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 a 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Williamson, Representative Bradley, for what reason do you rise?"
"Point of personal privilege, Mr. Speaker."
"State your point." Bradley: I'd like to call the Body’s attention up to the balcony behind me. I can’t see them right now, but I have my youth advisory council here. It’s made up of juniors and seniors from the high schools in my district and I would like to give them a round of applause and welcome them to Springfield."
"Welcome to Springfield, gang. On the Order of Senate Bill-Third Readings, we have Senate Bill 40, Representative Ryg. Out of the record. On the Order of Senate Bill-Third Readings, we have Senate Bill 100, Representative Mell. Read the Bill, Mr. Clerk."
"Senate Bill 100, a Bill for the Act concerning civil law. Third Reading of this Senate Bill."
"The Lady from Cook, Representative Mell."
"Thank you, Mr. Speaker. Senate Bill 100 amends the Income Withholding for Support Act. Provides that … a finding of a payers nonperformance within the time required under the Act, must be documented by a certified mail receipt or a sheriff’s or private process server's proof of 09600045.doc 9 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 service. That’s… that's the difference there. Right now, they’re notified by certified mail. This says that a sheriff can go out there and serve them. And I urge an ‘aye’ vote, please."
"Seeing no questions, the question is, ‘Shall the House pass Senate Bill 100?’ 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 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. We have Senate Bill 51, Representative Riley. Read the Bill, Mr. Clerk."
Senate Bill 51, a Bill for an Act concerning State Government. Third Reading of this Senate Bill."
Speaker Turner: "The Gentleman Out of the record. Representative Riley, we have Senate Bill 206. Read the Bill, Mr. Clerk."
"Senate Bill 206, a Bill for an Act concerning finance. Third Reading of this Senate Bill."
"The Gentleman from Cook, Representative Riley."
"Excuse me. Senate Bill 206, basically endeavors to give a preference to… actually… one second here… It…"
"Mr. Clerk, take this Bill out of the record."
"Just take it out of the record, please."
"Representative Hoffman, we have Senate Bill 75. Read the Bill, Mr. Clerk."
"Senate Bill 75, a Bill for the Act concerning transportation. Third Reading of this Senate Bill." 09600045.doc 10 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
Speaker Turner: "The Gentleman from Madison, Representative Hoffman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 75 simply allows school districts to use a $50 surcharge that is already allowed to be charged, in order to… for people who violate school zone limits, which is 20 miles per hour, to go towards the Safe Routes to School program and the safety program within the School Safety and Education Improvement Block Grant Program. Currently, the surcharge may be used only for school safety education and the installation and maintenance of caution lights. This expands the use and allows the school districts to utilize it for the Safe Routes to School Program and the grant program through the Department of Education."
"Seeing no questions, the question is, 'Shall the Senate pass Senate Bill… shall the House pass Senate Bill 75?' 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? Cole. The Clerk shall take the record. On this question, there are 113 voting ‘aye’, 1 voting ‘no’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Hoffman, we have Senate Bill 204. Read the Bill, Mr. Clerk."
"Senate Bill 204, a Bill for an Act concerning higher education. Third Reading of this Senate Bill."
Speaker Turner: "The Gentleman from Madison, Representative Hoffman." 09600045.doc 11 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
"Yes. This… this requires that the community colleges and that schools, or public colleges and universities make their buildings available for emergency purposes, the state and federal emergencies and disaster agencies in the cases of disasters. The Bill requires public, elementary, and secondary schools to do the same and requires educational institutions, as well as emergency agencies to cooperate with one another, determining which buildings will be used. As a matter of course, this is generally done anyway, but we want to make sure that it’s in law so that we have civil defense shelters in case of a emergency."
"Seeing no questions, the question is, ‘Shall the House pass Senate Bill 204?’ 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, 113 voting ‘aye’, 1 voting ‘no’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Miller, we have Senate Bill 223. Out of the record. Representative Pihos, we have Senate Bill 269. Read the Bill, Mr. Clerk."
"Senate Bill 269, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"The Lady from DuPage, Representative Pihos."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This is a Bill that we’ve had here before. It’s passed out before. And our regional superintendents train the staff that drives our buses. We have 30 thousand people going through school bus training a year. They are charged 09600045.doc 12 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 $4 per person, in a fee, in order to have this training provided. That fee has not increased since 1984 and what this Bill does is it increases the fee that the school bus drivers have to pay. The fee is used for facilities and to hire the school bus instructors. It increases the fee from $4 to $6 and I would be happy to answer any questions."
"Seeing no questions, the question is, ‘Shall the House pass Senate Bill 269?’ 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's 77 voting ‘aye’, 37 voting ‘no’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Senate Bills-Third Reading, we have Senate Bill 1053, Representative Mathias. Read the Bill, Mr. Clerk.
"Senate Bill 1053, a Bill for an Act concerning civil law. Third Reading of this Senate Bill."
Speaker Turner: "The Gentleman from Lake, Representative Mathias."
"Thank you, Mr. Speaker. What Senate Bill 1053 does it’s an initiative of the Cook County Sheriff’s Office. Currently, an order for possession and enforceable detainer action expires after 90 days. As you know today, the sheriff’s office is limited by the weather and by various factors in when they can evict someone, so it’s been taking a little longer because of… especially in the winter. So, what Senate Bill 1053 does is it just expands that to 120 09600045.doc 13 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 days, so that the… plaintiff doesn’t have to continue to run to court to ask for more time. I ask for your ‘aye’ vote."
"Seeing no questions, the question is, ‘Shall the House pass Senate Bill 1053?’ 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 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Ryg, we have Senate Bill 40. Read the Bill, Mr. Clerk."
"Senate Bill 40, a Bill for an Act concerning persons with disabilities. Third Reading of this Senate Bill."
"The Lady from Lake, Representative Ryg."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 40 requires the Department of Central Management Services in cooperation with the Department of Human Services, Employment Security, and other agencies to develop and implement programs to increase the number of qualified employees with disabilities working in State Government. CMS is also required to report annually to the Governor and the General Assembly regarding their actions. The second part of the Bill requires the Department of Human Services to collect data regarding the number of employers that have claimed the federal Work Opportunity Tax Credit program benefit for hiring qualified veterans, including disabled veterans, high-risk youth, ex-felons, long-term TANF recipients…" 09600045.doc 14 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
"Representative, could you get just a little closer to the mic? They’re saying they can’t hear you and we’ve got the volume all the way up."
"Okay. Thank you. And Supplemental Security Income recipients. So, the data collected and action steps taken by the agencies in certifying participants will be reported annually. This is an effort to address issues of hiring high-risk populations and persons with disabilities. I’d be happy to answer any questions."
"The Gentleman from Vermilion, Representative Black, for what reason do you rise?"
"Thank you very much, Mr. Speaker. Will the Sponsor yield? Representative, I think you made more sense when I couldn’t hear you.
"I appreciate that."
"I’m going to ask you a question. This Bill appears to be in two parts. It appears to have a state, I don’t know whether you call it mandate or not. It requires the state to develop a plan to hire more people with disabilities, correct?"
"Yes."
"But what does it then have to do with the private sector and a tax credit?"
"We’re going to use the data from the businesses that have participated in that federal program to understand how that’s working for employers in hiring persons of those special populations."
"Okay. But it doesn’t put any mandate on the private sector?" 09600045.doc 15 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
"No."
"All right. I'm just curious. Do you personally know anyone that’s been hired by the State of Illinois since 2002?"
"I may. I can’t think of anyone right now."
"I can’t think of anyone. I assume they’ve hired some people since 2002. Are any of those people not currently under indictment?"
"I wouldn’t know that."
"Maybe we could amend your Bill so that we could get that information. How many people hired by the State of Illinois since 2002 are either currently under indictment, in jail, or have already been fired? Wouldn’t that be interesting to know?"
"If you have that interest, Representative, perhaps that’s another initiative."
"Yeah, I don’t have that information. I wish I did. I have people calling me who said they would like to be hired by the state or they’ve tried to get hired by the state, but they never hear anything from anybody. Do you know how somebody gets hired by the State of Illinois, today?"
"No, I don’t."
"Do they still have to fill out a CMS 100?"
"Pardon? I’m not familiar with the… the level of hiring practices at that level. My interest in this legislation comes from a hearing that we held on supported employment opportunities that demonstrated that people who work through programs designed to hire people with disabilities end up being stalled when there's actually an opening that they 09600045.doc 16 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 might qualify for. Some of that has to do with veterans hiring preferences. So this whole topic is one of interest in terms of understanding and asking the departments to create some programs and report back to us how it does work."
"But how would the agency know that someone with a disability is seeking employment with the State of Illinois? Is there a database?"
"One of the… one of the options where we would know is if they came through the supported employment program, where they’ve completed what would I would consider an internship, where they actually get to work on the job, but then…”
“Okay.”
“…they should transition into full-time employment and they’ve not been able to."
"So, their transitioning from a program into state employment, then."
"I’m sorry."
"Their transitioning from a… from a… what would you call it, an entry position…"
"Supported employment."
"… and then transitioning into state employment?"
"That would be the intent."
"Okay. Fine. Thank you very much."
"Seeing no further questions, Representative Ryg to close."
"I ask for an ‘aye’ vote. Thank you."
"Seeing no further questions, the question is, ‘Shall the House pass Senate Bill 40?’ All those in favor 09600045.doc 17 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 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 113 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Smith, we have Senate Bill 187. Read the Bill, Mr. Clerk."
"Senate Bill 187, a Bill for an Act concerning education. Third Reading of this Senate Bill."
Speaker Turner: "The Gentleman from Fulton, Representative Smith."
"Thank you, Mr. Speaker, Ladies, and Gentlemen. Senate Bill 187 is really just a technical change to the administrative… I’m sorry… to the Superintendents School Business Officials Endorsement Certificate, would allow school business officials to use part of their academic training for the two-year… currently the two-year experience that is required. There is no way actually for them to actually have experience in the field without having the certificate, so this removes the quirk in the law. It’s a initiative of the Illinois Association of School Business Officials and I know of no opposition to the legislation. It was passed in the Senate last year and unfortunately, we didn’t have the opportunity to address it before we adjourned."
“Seeing no questions, the question is, ‘Shall the House pass Senate Bill 187?’ 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? 09600045.doc 18 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 Clerk shall take the record. On this question, 115 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Miller, we have Senate Bill 223. Read the Bill, Mr. Clerk.”
“Senate Bill 223, a Bill for an Act concerning employment. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from Cook, Representative Miller.”
“Thank you, Mr… thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 223 amends the Prevailing Wage Act to clarify that all projects financed in whole or in part through bonds, grants, or loans issued by the city, county, or other political subdivision bodies, are public works and subject to prevailing wage requirements. I ask for a favorable vote.”
“The Gentleman from Jasper, Representative Reis, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he will.”
“Representative, what’s the reason for this change?”
“I believe there was some misunderstanding and confusion in regards to what projects would constitute under the Prevailing Wage Act.”
“So, this expands the amount of projects that would be qualified to adhere to that Act?”
“No. What it does say is that if there has been any part of state or federal funding… of state funding or county funding, that they would be under that particular Act. 09600045.doc 19 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 There were instances where the contractor and other entities didn’t know going in and this helps clarify that position.”
“Our analysis shows that the Chamber of Commerce and the NFIB still oppose this Bill. Is that right and did you try to address their concerns with them before you moved this on?”
“Neither group has spoken to me directly.”
“There’s another Bill going through the General Assembly that greatly expands what constitutes a project that would be required to pay prevailing wages. How would your Bill affect TIF districts and enterprise zones?”
“I'm not sure if it does. I think it’s more… I’m not familiar with the Bill that you have spoken about, about the details of the Bill that you’re speaking about. What this…”
“Oh, come on, Representative, everybody in this building’s been notified on that Bill. I’m looking for why we should support this Bill. I guess I’m going to ask a little bit more of an open-ended question. How did we manage to go all these years without needing this legislation?”
“Why I think… I think it’s fair to companies if they… if they think they’re not subject to prevailing wage law and then down the road find… find out that they are, then they’re subject to penalties and fines. And so… and it could be unintentional. And I think going back to your an… question was , I think, the situation had arisen where a company did not pay prevailing… not because of the what they were trying to do, they just didn’t know. And so, what this does is help inform them… inform companies that are up for 09600045.doc 20 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 bids on projects that the prevailing wage would be applicable.”
“So, I guess, specifically, how would this affect private companies, not taxpayer-funded projects as we know them, but how would this affect private companies?” Miller: I’m not sure that it would any differently. I mean, if projects that are… and I think as this relates to the Illinois Finance Authority, but other than that I don’t think it would, or any regional development authority."
“Representative, the Chamber of Commerce feels that this Bill would expand what constitutes a project that would require companies to pay prevailing wage, even more than Senate Bill 43. And that’s why we’re having difficulty with this Bill, and why they continue to be opposed to it is that they feel they’re expanding this prevailing wage requirement well beyond what was intended in the original Prevailing Wage Act. Any comment on their thoughts on that?”
“Well, no, I can’t comment on their thoughts. I disagree. It doesn’t affect private entities. I think, you know, in addition to these… these particular projects… they’re getting, you know, a tax exempt… privileges under some… under these particular projects. So, I… I disagree with you on that and… and I don’t think it does include the private entities that you'd talked about.”
“Well, I’m going to continue to listen to the debate, Representative. I just think that we have a philo…”
“Bring your remarks to a close.”
"I just think we have a philosophy going through the General Assembly this year of expanding prevailing wages in 09600045.doc 21 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 the requirements on projects well beyond what that… initiative was originally designed to do. I'm going to listen to the debate, but I know the Chamber continues… the Chamber of Commerce, and NFIB, and other business groups continue to consider this detrimental in their ability to bring in new jobs and economic development into this state.”
Speaker Turner: “The Gentleman from McHenry, Representative Tryon, for what reason do you rise?”
“Thank you, Mr. Speaker, I’d like to rise to ask questions of the House Sponsor, Representative Miller.”
“Proceed.”
“Thank you. Representative Miller, in my district we have what’s called the Upper Illinois River Valley Development Authority, which is one of those small authorities that the state allowed through legislation for the purpose of attracting economic development to the area and financing either public or private projects. And we’ve used that money from time to time to lend to a factory that wants to do an addition and create more jobs. We used that as a tool to give low-interest incentives to be able to bring jobs into Illinois. So, let me see if I have this right. You’re saying to Representative Reis that this won’t affect private entitities, but if a private industry… and these projects may be $50 thousand, they may be a million, they may be 6 million, but you’re telling Representative Reis that this will not affect the private dollars. So, if a company in my county wants to do an addition and take advantage of the low-interest financing that’s offered and 09600045.doc 22 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 underwritten by URVDA, that wouldn’t affect them. Is that what you’re saying?”
“Yes. The same… in the same example that you gave, the private company is receiving public dollars. And in addition, as you said in your argument, that… there is some type of incentive by the development authority to try to bring that company to your… to your region, which is the purpose of that development authority.”
“Well, here’s my problem, Representative. If in fact I’m doing $100 thousand loan or a $250 thousand loan for a… for a small business and that’s the incentive I have to create some jobs and… and it costs me 10 to 15 percent more to pay prevailing wage, that eats up my incentive. And I don’t think that it’s no… it’s no longer the tool that it was intended to be to attract new jobs into your area. So, I have a problem with that. I also have a problem that it’s just the Upper Illinois River Valley Development Authority that’s underwriting the loan. The recipient of the money is going to pay it back. So, in a case where I just have a loan that’s made to me from a bank and underwritten by the bonding authority of the URVDA, the Upper Illinois River Valley Authority, you’re telling me, I got to pay prevailing wage, even though I’m taking private dollars and paying it back. Is that correct?”
“Yeah, I think that’s correct, yes.”
“Well, I think that’s a mistake. I think these development authorities are there to attract new jobs, to provide an incentive for people to access this money, to do additions for their factories, or whatever and to create new 09600045.doc 23 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 jobs. And I think the spread here on the interest rate may, for a border county like McHenry County, make Wisconsin look more attractive. I think that we should keep this as an incentive when we’re talking about these development authorities where it’s private dollars that’s going to payback and the development authority, in all essence, is just underwriting the bond. So, in that case, I have to vote ‘no’. I would urge a ‘no’ vote. We have very limited tools that we can offer for incentives for… to attract jobs into this state. And this is a disincentive and in many cases the cost of prevailing wage would actually be a stifler to anybody even borrowing or even having one of these development authorities under… underwrite the loan. And I would urge an 'aye'… a ‘no’ vote.”
“The Gentleman from Vermilion, Representative Black, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he will.”
“Representative, I think you would agree that this is a substantial expansion of what historically has been the Prevailing Wage Act. I think all of us are familiar with the Davis-Bacon Act at the federal level. Most of us understand the Davis-Bacon Act and the prevailing wage statute. Let me ask you a hypothetical, if I would. In your dental practice, do you take Medicaid patients?”
“I’m sorry, I didn’t hear the question.”
“In your dental practice, do you take Medicaid patients?”
“I have had a history of that, yes.” 09600045.doc 24 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
“All right. If you want to remodel your dental office, make room for a different x-ray room or a different examination room, would you not then have to pay prevailing wage on the construction of the addition to your office, because you’re taking public money?”
“Yeah. I’m being reimbursed in your analogy for a service provided within my office due to my expertise.”
“I don’t see that in this Bill. In part or in whole of public dollars, you are being reimbursed in part with public dollars. So, any construction project, to add a chair or a dental lab, or expand your waiting room, it would seem to me that this Bill would say, you have to pay prevailing wage on that project.”
“I disagree with your analogy. It’s a reimbursement, which is on average 30 percent of usual and customary fees of what I would normally charge. So, there is less of a fee that I pay… get reimbursed for this similar procedure I would do on anyone in this room.”
“I will tend to agree with you, but I don’t think that’s what the Bill says. Let me give you another example. A small community wants to build a modern library. They raise $950 thousand from pledges from people who live in the community. They then apply to Secretary of State White and based on their population, they get a $10 thousand literacy grant. So they raise over $950 thousand, they get a $10 thousand literacy grant, I believe this Bill says, in part or in whole, then that library would be a public works and must pay prevailing wage. Wouldn’t… wouldn't you agree under the…” 09600045.doc 25 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
“The literacy… the literacy grant would not pertain towards construction of a… of a new addition to the library, no more than your analogy in my dental office reimbursements for services that I would provide.”
“Oh, Representative, I beg to differ with you. Literacy grants are given to dozens of libraries for the sole purpose of expanding or building a new library. Depending on your population base, you can get up to 25, 35 thousand dollars for building purposes.”
“The point… the point of the legislation is only for construction. It says that in the Bill. Public works means all fixed works constructed by any public body.”
“Well, if a library is an entity of a city government, it’s a public body. Even though they raised 90 percent of the money through pledges of their residents, the minute they take, in whole or in part, any state funds, grants of any kind, or bonds from any kind, it then becomes a public works project. I… I think that’s the fallacy of this Bill. Instead of clarifying the definition, it is further confusing the definition. Let me ask you one last question. If I bid on a project to build a water treatment plant for the City of Great Creek, do I bid that project based on the prevailing wage rates in my area, or do I bid that project on what I think my cost would be if I’m a nonunion general contractor? How would I bid it?”
“The prevailing…”
“Bring your remarks to a close. To the question, Representative Miller.” 09600045.doc 26 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
“Yeah, I was… answering. Yeah, the prevailing wage rate is based on the county that the project’s located. That would be up to the individual, you know, who is bidding the project on terms of what they… what they… what they would compare on, but at least this would make a sense of clarity that a project that receives public dollars does have to pay a prevailing wage.” Black: Well, thank you. Mr. Speaker, if I could, to the Bill. I think you’ve just heard, from the questions we've asked, this Bill does not clarify what is a public works project. It even makes it more confusing than it might be at the present time. The Bill doesn’t say anything about how you bid a project. If a nonunion contractor bids $1 million for a specific project and that is the lowest responsible bidder and then after the bid is awarded, the contractor says, uh oh, I just forgot there's a new law in Illinois, and everybody who works on this project must receive the prevailing wage for my geographic area. So, I have to go back to the municipality and say, I have to raise my bid by $350 thousand. Now, what does the municipality do? Does it rebid? Ladies and Gentlemen, in all due respect to those of you who like this Bill, you’re being told that it clarifies a public works project. I think it makes it even more confusing. To me… I’ve read this Bill. If I’m a doctor, a lawyer, a dentist, or anybody who gets part or whole amounts of money from a state or public source, be that Medicaid, a grant under the Legal Services Act, whatever it… whatever I’m doing, and then I want to expand my practice. Since I am paid in whole or in part by public funds, I think, any 09600045.doc 27 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 judge, and I’m not a judge, obviously, I’m not an attorney, but I think this brings up a legitimate question. That, uh oh, there’s public money involved, even though as Representative Miller said, it may not be all of my costs, it may be a very short… a very small percentage of my cost, but that’s not what the Bill says. It says, in whole or in part public money, then if you want to expand your clinic or your practice or the building in which you practice, then you must pay prevailing wage. I think this Bill goes far beyond what the Sponsors are indicating that it does. Instead of clarifying, it makes a situation even more confusing and the bottom line is, you will pay the increased costs, the taxpayer will pay the increased costs. I… this Bill is not drafted very well, in all due respect to those who drafted it, and I would urge a ‘no’ vote.”
“The Gentleman from Williamson, Representative Bradley, for what reason do you rise?”
“A point of personal privilege.”
“State your point.”
“Up in the balcony here, we’ve got the Franklin County Treasurer, John Gulley, has joined us here today. John, take a bow. Former aide to Senator and Representative Larry Woolard.”
“Welcome, John. The Gentleman from Crawford, Representative Eddy, for what reason do you rise?”
“Thank you. Mr. Speaker, will the Sponsor yield?”
“Indicates he will.”
“Representative, my question has to do with legislation that, I think about three or four years ago, I brought to 09600045.doc 28 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 this Body and it was passed and it was based on legislation that other areas of the state, regions of the state, had successfully presented, which really provided an incentive to regional economic development. It created the Southeastern Illinois Economic Development Region. And I think, if Members of the Body will think about how economic development regions were formed in their area, this question could pertain to all of those very popular, very popular economic development associations. My understanding, Representative, is that anything now that is going to be bid or any project that will be constructed in my southeastern Illinois economic development corridor will be subject, because of this interpretation, to prevailing wage. Am I correct in that interpretation?”
“Thank you. If it’s receiving public dollars.” Eddy: So, DCEO administers a grant that is part of the economic development package put together to attract some business or industry to my southeastern economic development corridor. If they receive $10 thousand in a $10 million project, because they are attempting to put together a package and it includes that type of state funding, the entire project would be now subject to the prevailing wage.”
“Yes, if that… if that is received… if that public dollars is going towards construction.” Eddy: Well, Representative, with all due respect, in my district, and I don’t know about the rest of the state, but you need to pay attention to this, Ladies and Gentlemen, ‘cause you’re going to go back home and you’re going to vote for a Bill that is going to cut the legs out from under 09600045.doc 29 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 economic development regions that you may have helped form. And folks are going to wonder, how on the one hand you can be promoting economic development and job growth in your region, as you should be, and then on the other hand, you would be voting for a Prevailing Wage Act that would cause those who may want to develop in that region to go somewhere else, and where they’re going to go is to another state. And, Representative, my concern is also the fact that I live on the border. I represent 130 miles of the east border of the State of Illinois. It is difficult enough for economic development folks that work in my area, it's difficult enough for them to attract jobs to Illinois. This tool, the Southeastern Economic Development Association, was helping. Now you might be in the southwestern, you may be in SWIDA, you may be in a different one. Representative Tryon discussed one. This will affect any of those economic development authorities whose purpose is to create jobs. Ladies and Gentlemen of the House, this state is bleeding jobs. The only way that we’re going to make the kind of economic comeback that is going to put this state on firm financial footing again is to create jobs. And this legislation is an example of the type of message that those… those who seek to create jobs sees as antijob and antibusiness. We cannot continue down this road. We’re losing thousands of jobs. You know pretty soon there aren’t going to be any jobs to protect. We’re going to be worried about prevailing wage for jobs that don’t exist, because we’re not going to have jobs here. It’s happening up and down the border counties. It’s going to continue to happen. 09600045.doc 30 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 Pay attention to this. This is… this is an important expansion of the Prevailing Wage Act. This is not simply a definition change. This will change the entire application of the Prevailing Wage Law and it is a gross departure from the Davis-Bacon Act, the one that everyone else is using, states around us are using. We're going to put ourselves at a competitive disadvantage for what this state needs the most and that’s to create jobs. If you want to get this state back on the right track, if you want to begin to build Illinois back to a fiscal condition that we can take care of government services, you need to start by creating jobs. This costs us jobs. Vote 'no'.”
“The Gentleman from Iroquois, Representative Cultra, for what reason do you rise?”
“Will the Sponsor yield for questions?”
“Indicates he will.” Cultra: The Treasurer has a program where they’ll put money into a bank at a low-interest rate so that it can be loaned out for construction or different purposes. Would this Bill have an effect, would it make those projects prevailing wage?”
“No, I don’t think so.”
“Thank you.”
“Seeing no further questions, Representative Miller to close.” Miller: Thank you, Mr. Speaker. Thank you to everybody who had comments on this Bill. Let me just clarify a few points, that I may have not made clear. First off, the Department of Labor contends that this is not an expansion, that it’s 09600045.doc 31 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 just a clarification. Partly, this Bill is brought because an issue regarding a situation that it wasn’t clarified that a particular contractor had to pay a prevailing wage, this helped clarify it. Also, notification that a contractor or group has to pay prevailing wage is done on the front end as opposed to the back end. Now, I, too, have a district that neighbors the State of Indiana and we have high unemployment. In addition, too, I’ve introduced and passed out of this House several times dealing with the Urban Development Authority to try to attract businesses to my community, which competes with Will County, which is a lower tax rate and Indiana, which is lower. So, I'm very sensitive to companies trying to locate to our region. But also, I’m sensitive to the workers that do construction, too, that they have to be able to afford for their families and be able… be able to be put to work. I believe this clarifies it and it’s fair to the citizens of the State of Illinois and I ask for a favorable vote.”
“Seeing no further questions, the question is, ‘Shall the House pass Senate Bill 223?’ 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's 75 voting ‘aye’, 40 voting ‘no’, ‘0’ presents. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Howard, we have Senate Bill 231. Read the Bill, Mr. Clerk. I’m sorry. The Gentleman from McHenry, Representative Franks, for what reason do you rise?" 09600045.doc 32 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
"A point of personal privilege.”
“State…”
“For those of you who don’t know, Representative Froehlich was a trendsetter. It appears that Senator Arlen Specter from Pennsylvania, has just announced that he will be running in 2010 in the Democratic Primary."
"Mr. Clerk, we have Senate Bill 231. Read the Bill."
"Senate Bill 231, a Bill for an Act concerning public aid. Third Reading of this Senate Bill."
"The Lady from Cook, Representative Howard."
"Yes. Thank you very much, Mr. Speaker. Senate Bill 231 amends the Illinois Public Aid Code. It would prohibit the Department of Health Care and Family Services from canceling a person’s eligibility for medical assistance solely because that person is incarcerated. I ask for a ‘yes’ vote."
Speaker Turner: "The Gentleman from DuPage, Representative Reboletti, for what reason do you rise?"
"Thank you, Speaker. Will the Sponsor yield?"
"Indicates she will."
"Representative, I know we’ve worked on this in the task force for the last few months, or several months. This wouldn’t mean that they’re on Medicaid while they’re incarcerated, this is just saying that they’re still eligible and once they came out they could fill out the paper work and get back on if that was something that was feasible and met the requirements?"
"Yes. That is how the Bill is designed." 09600045.doc 33 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
"Thank you."
"Seeing no further questions, the question is, ‘Shall the House pass Senate Bill 231?’ 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? Bassi? The Clerk shall take the record. On this question, there are 84 voting ‘aye’… no, 83 voting ‘aye’, 33 voting ‘no’, 0 ‘presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Watson, we have Senate Bill 1276. Read the Bill, Mr. Clerk."
"Senate Bill 1276, a Bill for an Act concerning education. Third Reading of this Senate Bill."
Speaker Turner: "The Gentleman from Morgan, Representative Watson."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1276 unanimously passed the Senate and was a initiative of the School Board Association and basically subject to appropriations, say superintendents will have two years of mentoring. And I would be happy to answer any questions."
"Seeing no questions, the question is, ‘Shall the House pass Senate Bill 1276?’ 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? Flowers. The Clerk shall take the record. On this question, 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Yarbrough, we have 09600045.doc 34 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 Senate Bill 1330. Out of the record. Representative Reitz, we have Senate Bill 1269. Read the Bill, Mr. Clerk."
"Senate Bill 1269, a Bill for the Act concerning safety. Third Reading of this Senate Bill."
"The Gentleman from Randolph."
"Thank you, Mr. Speaker. Senate Bill 1269 would… sets up a program to discourage the use of lead sinkers and lead jigs. And it’s subject to appropriation. The Department of Natural Resources will institute this educational program if we appropriate money. And I’d be happy to answer any questions."
Speaker Turner: "The Gentleman from Cook, Representative Thapedi, for what reason do you rise?"
"Mr. Speaker, a matter of personal privilege."
"State your point. And your…"
"Mr. Speaker, I'd like to recognize the Southwest Organizing Project, who is in the gallery, from my district. And I'd like to welcome them to Springfield."
"Welcome to Springfield. The Gentleman from Vermilion, Representative Black, for what reason do you rise?"
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, I’ve been interested in this Bill since it was first filed. I'm even more interested in it now because you are the Sponsor."
"Thank you." 09600045.doc 35 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
"So, that tells me one of two things. Either you've managed to change the Bill considerably since it was originally introduced, and I think that’s the answer, isn’t it?"
"Yes."
"Okay. The original Bill was going to ban lead sinkers, right?"
"Correct."
"Okay. Has there been any study on the… the damage that lead sinkers have done? We’ve been using them for, I don’t know, a couple hundred years. Are you aware of any study that said that lead sinkers have polluted the waterways, killed all the fish?"
"That’s what this Bill will do.
“So you’re going to… You just want a…”
“If it… If we have the appropriation, Department of Natural Resources will look at the impact of lead sinkers."
"So, it’s just a study. It doesn’t outlaw lead sinkers or devices made… and they’re not pure lead, that are used often in the outdoor recreational sports… fishing."
"That’s correct."
"And this has nothing to do with lead shot in shotgun shells. I think we’re already studying that aren’t we?"
"Right. A few times, yes.”
"Yes."
"This Bill would just allow us to, if they end taking up a study to do that and then if someone does come back, we can make an informed decision, for once."
"An informed decision?" 09600045.doc 36 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
"I think that’s the intent. We’re going to try that. It’s original."
"You may have touched upon a revolutionary idea here, Representative, an informed decision. If we give up lead sinkers, do you have any idea what would take its place? A styrofoam or a… what would take its place, I wonder?”
"Mercury."
"I never thought of that."
"I don’t know."
"I never thought of that. You may be onto something there too."
"We’ll see that in the study and hopefully there will … I mean, there are items out there that will do that, but I’m not sure what they are."
"All right. I appreciate your sponsorship and the way that you have made this palatable and I think may lead, as strange as it may seem coming from the Illinois General Assembly, it may lead actually, to an informed decision. Thank you."
"The Gentleman from Jasper, Representative Reis, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will."
"Representative, this had quite a bit of opposition in the Senate and I don’t see that we’ve amended the Bill on the House side to be anything different than what the Senate’s final vote was. What was the opposition that still remained in the Senate, and there's several Downstaters that voted ‘no’ on that? 09600045.doc 37 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
"I’m not sure. The Amendment was changed in the Senate after discussions with the Sponsor. She had spoken with the Bass Federation and other fishing interests and some other sporting groups and she agreed to accept, and I had spoken with her on behalf of the Legislative Sportsmen’s Caucus, and she had agreed to make this Amendment in the Senate."
"Okay. Well, I’m just looking over. There’s still 13 ‘no’ votes in the Senate and we didn’t change it over here. So, I was wondering what their… what their opposition to the… to the study was. Is DNR for this? I mean do they have the money to do the task force and stuff?"
"They don’t have. That’s why in the legislation it’s subject to appropriation. So, we'd have to have appropriation before they'd even do the study."
"Okay. Thank you."
"Representative Reitz to close."
"Thank you. I’d appreciate an ‘aye’ vote."
"Seeing no further questions, the question is, ‘Shall the House pass Senate Bill 1269?’ 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 102 voting ‘aye’, 14 voting ‘no’ and 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative D’Amico, we have Senate Bill 1341. Read the Bill, Mr. Clerk."
"Senate Bill 1341, a Bill for an Act concerning civil law. Third Reading of this Senate Bill." 09600045.doc 38 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
Speaker Turner: "The Gentleman from Cook, Representative D’Amico."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1341, what this Bill does is it provides funding for the graduated driver's license Bill that we passed a few years ago, which was one of the strictest in the nation. And what it’s going to do is it’s going to increase the fine. If you get supervision in court, it’s going to raise it by $10. And it will help fund driver's education across the state."
"The Gentleman from Crawford, Representative Eddy, for what reason do you rise?"
"Will the Sponsor yield?"
"He indicates he will."
"Representative, I think this is part of a commitment that was made, excuse me, by Secretary of State a couple of years ago when the graduated license program kind of eliminated the use of some techniques and required behind the wheel driving, increased the number of hours, other costs that were associated with the… the attempt to try and make our young people safer when they got their license."
"That’s right, Representative. We made a commitment two years ago that we were going to come back here and try to fund this, because what we did require in the graduated driver's license Bill was we wanted six hours behind the wheel with an instructor. And that obviously meant there was going to be more time with an instructor behind the wheel and it was going to cost more money. Now, we did not want to do away with the simulators, which a lot of people 09600045.doc 39 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 kind of thought we did. The simulators can still be used. This here is just a commitment to fund it. It’s going to bring in approximately thirteen and a half million dollars."
"Now, court supervision is an option that is provided on behalf of the… is it the prosecuting state’s attorney, in some cases for certain violations of the Motor Vehicle Code?"
"Correct."
"And what your legislation does is whenever someone seeks, and this is their… this is their choice."
"Absolutely."
"So, they decide, yes, I want to be on court supervision, and for an additional $10?"
"Yes, $10, $9 is going to go to the driver's education fund and $1 is going to go to the Illinois Circuit Courts."
"Okay. And then they’re making the choice, though. So…"
"Yes, they are."
"…this is not something you’re imposing on someone necessarily, but if they want court supervision, they make the choice. $10 more. $9 to the program and then that money flows to the school districts to support the graduated driving program?"
"Yes, it does."
"How… how does that funding take place?"
"Well, I… the way I understand it, the driver's ed… the fund comes out of the Secretary of State’s Office."
"So, in the same way, I guess, is my question. I ask a better question, maybe I’ll get a better answer. Is the distribution of the funding to the school districts based on 09600045.doc 40 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 the same formula? You’re not changing any of that, are you?"
"I’m not… I’m not changing any of that."
"Do you have any idea of an estimate of how much money this is going to produce in revenue to fund?"
"Approximately thirteen and a half million dollars."
"About thirteen and a half million dollars? Do you know what the existing line item is for the amount that’s being funded now and what kind of a net effect that this might have on that fund?"
"I don’t have an exact number for you, but I will get that for you."
"Okay. I'd appreciate that. Very quickly, to the Bill. Ladies and Gentlemen of the House, I want to commend the Representative for coming back on a promise that he'd made and delivering. A couple years ago, I did ask questions about how we’re going to pay for this. He made a commitment to working on some type of way for school districts to receive some money to offset the costs involved in what was clearly the right thing to do, and this Body supported it then. I would only ask that today this Body also supports the legislation that’s going to pay for what we supported, in terms of good public safety practice for our young people to learn to drive. I’d urge everyone to support the Representative in this attempt to actually put his money, or put our money where our mouth was a couple of years ago. Thank you."
Speaker Turner: "The Gentleman from DuPage, Representative Reboletti, for what reason do you rise?" 09600045.doc 41 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
"Thank you, Speaker. Will the Sponsor yield?"
"He indicates he will."
"Representative, I appreciate what you’re doing here and I think it’s a right way to try to fund this program. Had you contemplated making this fee across the board even to those who received convictions or conditional discharge. Did you think about that, as far as fully funding some of these programs?"
"No, I did not."
"That’s all I wanted to know. And will this thirteen and a half million dollars be sufficient to fund these… these programs throughout the state?"
"Well, you know, there’s… there's always going to be a need for more money. Right now, we think that this is sufficient, though. But they’re always going to be looking for more money because fees… fees and costs, everything continues to go up."
"All right. Thank you."
"Seeing no further questions, the question is, ‘Shall the House pass Senate Bill 1341?’ 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? Clerk shall take the record. On this question, there are 110 voting ‘aye’, 6 voting ‘no’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Senate Bill-Third Readings, we have Senate Bill 1372, Representative Froehlich. Read the Bill, Mr. Clerk." 09600045.doc 42 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
"Senate Bill 1372, a Bill for an Act in relation to State Government. Third Reading of this Senate Bill."
Speaker Turner: "The Gentleman from Cook, Representative Froehlich."
"Thank you, Mr. Speaker. Senate Bill 1372 is a Bill we had last year. Last year it was Senate Bill 2505. It passed both chambers last year and in fact it was 113 to 0 in the House and 53–0 in the Senate. What it does, it provides that DCFS should work with the residential service providers and other state agencies to develop a performance- based model for residential services. This… there’s about 1600 DCFS wards that need highly structured mental health care. They’re in residential treatment facilities. Performance contracting is the way this field is moving. It provides greater accountability and demands results and outcomes for the children served. I know of no opposition to the Bill. I’ll be happy to answer any questions."
"Seeing no questions, the question is, ‘Shall the House pass Senate Bill 1372?’ 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 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Feigenholtz, we have Senate Bill 212. Out of the record. Representative Dan Reitz, we have Senate Bill 1393. Read the Bill, Mr. Clerk."
"Senate Bill 1393, a Bill for and Act concerning public aid. Third Reading of this Senate Bill." 09600045.doc 43 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
"The Gentleman from Randolph, Representative Reitz."
"Thank you, Mr. Speaker. Senate Bill 1393 adds, for the purpose of the programs for infrastructure, dental care to rural health clinics. It provides that the primary person for new dental clinics would be to increase dental access to low-income. And also provides that Family Services shall establish procedures for dental clinics to apply for these grants. And I’d be happy to answer any questions."
"Seeing no questions, the question is, ‘Shall the House pass Senate Bill 1393?’ 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? Gordon. The Clerk shall take the record. On this question, there are 115 voting ‘aye’, 0 ‘noes’, 1 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Currie, we have Senate Bill 1404. Read the Bill, Mr. Clerk."
"Senate Bill 1404, a Bill for an Act concerning State Government. Third Reading of this Senate Bill."
"The Lady from Cook, Representative Currie."
"Thank you, Speaker, and Members of the House. This is a Bill that would require the Department of Human Services and the Department of Corrections to work cooperatively with local service providers and not-for-profit organizations to make sure that when people are escorted into one of our correctional facilities they’re given good information about what services may be available to the children they leave at home and would also require the department to make sure that 09600045.doc 44 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 those children and their caretakers know what the options are with respect to visitation, mentoring, other kinds of programs that might be helpful to those minor children. I know of no oppositions. I would be happy to answer your questions. And I’d appreciate your ‘yes’ vote on Senate Bill 1404."
"Seeing no questions, the question is, ‘Shall the House pass Senate Bill 1404?’ 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, 114 voting ‘aye’, 2 voting ‘no’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Nekritz, we have Senate Bill 1389. Read the Bill, Mr. Clerk."
"Senate Bill 1389, a Bill for an Act concerning business. Third Reading of this Senate Bill."
"The Lady from Cook, Representative Nekritz."
"Thank you, Mr. Speaker. This legislation is clean up legislation offered by the Secretary of State. We no longer use the word ‘certificate’ to refer to the documents that incorporate businesses and so we… this would change 'certificates' to 'articles of incorporation' in all references in the statute."
"Seeing no questions, the question is, ‘Shall the House pass Senate Bill 1389?’ 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. 09600045.doc 45 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 On this question, there are 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Nekritz, we have Senate Bill 154. Read the Bill, Mr. Clerk."
"Senate Bill 154, a Bill for an Act concerning civil law. Third Reading of this Senate Bill."
"The Lady from Cook, Representative Nekritz."
"Thank you, Mr. Speaker. Senate Bill 154 changes the quorum requirements on the Condominium Act, so that an owner that is in arrears on their payment of assessments need not be counted for purposes of a quorum. They’re still allowed to vote according to the legislation, but in the case of an absentee landlord some of the condominiums have a difficult time gathering together a quorum and this will provide an incentive for those folks to not only pay their assessments but to get to meetings."
"Seeing no questions, the question is, ‘Shall the House pass Senate Bill 154?’ 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 115 voting ‘aye’, 1 voting ‘no’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Lang, we have Senate Bill 1453. Read the Bill, Mr. Clerk."
"Senate Bill 1453, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"The Gentleman from Cook, Representative Lang." 09600045.doc 46 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
"Thank you, Mr. Speaker, Ladies, and Gentlemen. This would add to the definition of what is covered under a health services education grant, grants that would be made to psychology and other physical and mental health-related school programs. And so, this basically includes mental health services in these grants. I don’t think there is any opposition to the Bill. I ask your support."
"Seeing no questions, the question is, ‘Shall the House pass Senate Bill 1453?’ 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 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Brauer, we have Senate Bill 1461. Read the Bill, Mr. Clerk."
"Senate Bill 1461, a Bill for an Act concerning veterans. Third Reading of this Senate Bill."
Speaker Turner: "The Gentleman from Menard, Representative Brauer."
"Thank you, Mr. Speaker, Ladies, and Gentlemen of the House. This just simply reinstates the hundred dollar entitlement for returning war veterans engaged on the War on Terror. This entitlement was eliminated after the Gulf War. It’s subject to appropriations and I know of no opponents. I’ll answer all questions."
Speaker Turner: "The Gentleman from Knox, Representative Moffitt, for what reason do you rise?"
"Will the Sponsor yield?" 09600045.doc 47 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
"He indicates he will."
"Representative, we commend you for the Bill. Obviously, it would pass, but this seems like such a small amount. You said this was something that you had to reinstate. How long… had it been at a hundred prior and then you’re reinstating it?"
"Yes. This idea actually came from a Vietnam veteran. He said as he came back and at that time, they were maybe not appreciated at the level that they are today and he said that hundred dollars just… just more the symbolism of them. That it was a thank you for his service meant a lot to him and he'd like to see this reinstated."
"I would, too, but my… my only point is a hundred dollars when the return from Vietnam and we’re still just doing a hundred dollars to show our appreciation? I know it’s symbolic, but I… and I know the condition of the state, but it just seems like if we’re going to do this, we should be able to do more than that, but."
"Well, I certainly agree with that. I think it should be at least 10 times that amount, but again, with the economy the way it is today and I think the important thing is the symbolism that it’s a thank you and that’s why we’re certainly moving forward at that level."
"I’m glad you’re doing that much, anyway, and I know I agree with you. We should do more. It’s at least a small first step. So, thank you and I just wish it could be more."
Speaker Turner: "The Gentleman from Bond, Representative Stephens, for what reason do you rise?" 09600045.doc 48 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
"Well, Mr. Speaker, to the Bill. Just to say, that I don’t know that any amount of money is the correct amount. I don’t… I believe we can’t give them enough. I suppose there's nothing wrong with the legislation. But you know, when my father came back from World War II the State of Illinois gave every one of those veterans a little certificate and I think my dad probably thought at the time it was kind of hokey. But if you go to my office on the sixth floor, you will see that certificate displayed with a sense of honor and pride that money could never buy. So, I would hope that maybe we will pass this and Representative, maybe you and I could work together that once again we could just give a little certificate that says, ‘Once and forever, thank you.’"
Speaker Turner: "The Gentleman from Morgan, Representative Watson, for what reason do you rise?"
"Thank you, Mr. Speaker. I'll be voting 'present' for possible conflict of interest."
"Seeing no further questions, Representative Brauer to close."
"Well, thank you, Mr. Speaker. Ladies and Gentlemen of the House, I think this Bill is very simple in its design and I think really what we’re trying to accomplish is that thank you for government because the rights, freedom, privileges that we enjoy today are certainly from those men and women that serve. So, with your support, we’ll see this passed. Thank you."
"The question is, ‘Shall the House pass Senate Bill 1461?’ All those in favor should vote ‘aye’; all those 09600045.doc 49 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 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 114 voting ‘aye’, 0 ‘noes’, 2 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Yarbrough, we have Senate Bill 1330. Read the Bill, Mr. Clerk."
"Senate Bill 1330, a Bill for an Act concerning State Government. Third Reading of this Senate Bill."
"The Lady from Cook, Representative Yarbrough." Yarbrough: Thank you, Mr. Speaker. Senate Bill 1330 changes the Commission on the Elimination of Poverty by extending the deadline report from March 1, 2009, to December 1, 2009, and requires annual reports to be issued every September 1 starting in 2010. Additionally, it makes subject to appropriation the Governor’s Office or designee rather than DHS for providing administrative re… support for the commission. I’d be happy to answer any questions."
"Seeing no questions, the question is, ‘Shall the House pass Senate Bill 1330?’ 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? Soto. The Clerk shall take the record. On this question, 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Reis, we have Senate Bill 1467. Out of the record. Representative Black, we have Senate Bill 1472. Read the Bill, Mr. Clerk." 09600045.doc 50 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
"Senate Bill 1472, a Bill for an Act concerning finance. Third Reading of this Senate Bill."
"The Gentleman from Vermilion, Representative Black."
"Thank you very much, Mr. Speaker, Ladies, and Gentlemen of the House. This Bill removes a provision that requires state vendors to initiate a written request for the payment of an interest penalty that is… that is at least $5, but less than $50. This eliminates some of the paperwork. The Comptroller’s Office and the Illinois Retail Merchants are in support. It passed the Senate unanimously. I urge a favorable vote."
"Seeing no questions, the question is, ‘Shall the House pass Senate Bill 1472?’ 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? Berrios. Mitchell. The Clerk shall take the record. On this question, 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby passed, declared passed. On the Order of Third Readings, we have Senate Bill 325. Read the Bill, Mr. Clerk. Representative Miller."
"Senate Bill 325, a Bill for an Act concerning education. Third Reading of this Senate Bill."
Speaker Turner: "The Gentleman from Cook, Representative Miller."
"Thank you, Mr. Speaker, Ladies, and Gentlemen of the House. Senate Bill 325 would provide that the state’s general obligation backing for the ISAC bond issue of $50 09600045.doc 51 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 million basically serving as a cosigner to add the additional security that bond purchasers are looking for right now. This will help ISAC to market the bonds. These bonds themselves will be structured to insulate the state from risk. The collateral from the bonds rehabilitated student loans is already at 75 percent guarantee by the Federal Government. So, if the borrower defaults, the Federal Government will pay ISAC 97 cents on the dollar. The Bill also requires ISAC to establish a debt service, a reserve fund with enough cash to cover the remaining 3 percent that is already unused. I ask for favorable consideration."
"Seeing no questions, the question is ‘Shall the House pass Senate Bill 325?’ 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? Leitch. The Clerk shall take the record. On this question, 114 voting ‘aye’, 2 voting ‘present’… no 2 voting ‘no’ and 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Coulson, we have Senate Bill 1487. Read the Bill, Mr. Clerk."
"Senate Bill 1487, a Bill for an Act concerning professional regulation. Third Reading of this Senate Bill."
"The Lady from Cook, Representative Coulson."
"Thank you, Mr. Speaker. Senate Bill 1487 amends the Physician Assistants Practice Act. It provides that physician assistants may provide medical care in an 09600045.doc 52 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 emergency situation in a local disaster or state disaster without the supervision of a physician. I know of no opposition and I’d appreciate an ‘aye’ vote."
"The Gentleman from Vermilion, Representative Black, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"Representative, just one quick question. If they are practicing without the supervision of a medical doctor, does the Bill say anything about whether or not they can be immune from liability? Does the Good Samaritan clause cover them in a case like this?"
"Yes, and that’s already in law."
"Okay. Fine. Thank you."
"Seeing no further questions, the question is, ‘Shall the House pass Senate Bill 1487?’ 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? Rita. Rita. Rita. The Clerk shall take the record. On this question, there are 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Pihos, we have Senate Bill 1507. Read the Bill, Mr. Clerk."
"Senate Bill 1507, a Bill for an Act concerning professional regulation. Third Reading of this Senate Bill."
"The Lady from DuPage, Representative Pihos." 09600045.doc 53 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This Bill amends the Clinical Social Work and Social Work Practice Act. What it does is it protects privileged communications so that they could only happen between those that have a professional responsibility to the client or the patient. I would be happy to answer any questions."
"Seeing no questions, the question is, ‘Shall the House pass Senate Bill 1507?’ 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, 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Froehlich, we have Senate Bill 1541. Read the Bill, Mr. Clerk."
"Senate Bill 1541, a Bill for an Act concerning transportation. Third Reading of this Senate Bill."
Speaker Turner: "The Gentleman from Cook, Representative Froehlich."
"Thank you, Mr. Speaker. Senate Bill 1541 is an initiative of the Secretary of State’s Office. It makes three changes and clarifications to the disabled parking statute. Basically, the changes… allows the Secretary of State’s Office to retain ownership of disabled parking plates and decals; removes some redundant language from the statute, and allows law enforcement to confiscate a disabled parking device when somebody commits a violation of the the statute. I know of no opposition. Be happy to answer questions." 09600045.doc 54 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
"The Gentleman from Vermilion, Representative Black, for what reason do you rise?"
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, recognizing the fact that you are indeed a trendsetter, let me ask you a question about this. I thought the existing law was that the decal or the device could, in fact, only be used by the authorized holder. So, what is the Bill changing?"
"Yeah, I see. It… Well, it says it clarifies who is authorized to possess the decal and requires it be used by the authorized holder. So, I don’t think you’re seeing a sharp substantive change here. I think it’s clarifying some existing language."
"All right. The existing language used to be that… that decal. My late mother-in-law had one, and that belonged to her and no one could use it. For example, if my wife were to take my… her mother to the grocery store and drive, as I understood it under existing law, my wife could not park in the handicap zone because the driver of the automobile was in fact not the authorized user or possessor of the permit. So, does this change any of that?"
"I don’t believe so. I think it… it reinforces it, if anything. It does not… does not, certainly wouldn’t allow somebody…”
“Okay.”
“…who is not disabled to use it." 09600045.doc 55 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
"Okay. So, in other words, and I have had this come up in my district, somebody runs to the mall, parks in a handicap spot, the authorized holder of the permit isn’t even with them, the daughter or the granddaughter decides to go to the store run in and get something for the authorized holder of the permit, but the holder isn’t even there. So, they run in and get something, they come out and they have a ticket and then they come to my office and say, well, I shouldn’t have a ticket. I think this clarifies it. Yes, you will. You’re not the authorized holder of the permit. So you shouldn’t park in a handicap spot, correct?" Froehlich: ‘That’s correct."
"Okay. All right. that’s fine. That makes sense. Thank you very much."
"You’re welcome."
Speaker Turner: "The Gentleman from DuPage, Representative Ramey, for what reason do you rise?"
"Will the Sponsor yield?"
"Indicates he will."
"Thank you, Mr. Speaker. Representative, what is a decal?"
"The statute uses the term, decal or device. So, I think at some point there may have been; I’m not sure if they’re currently using one, but…"
"Well, that’s my question because they don’t. The current device is called the placard and any decal in a window does not allow you to use that space. So I still see confusing language here and if you’re trying to clarify, I 09600045.doc 56 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 would suggest that we amend this Bill and use the proper terminology."
"Well, the whole section is actually called special decals for a person with disabilities parking. The Section in the Vehicle Code. So… but you’ve got a good suggestion.”
“I understand that.”
“I’ll pass that on for the next cleanup Bill."
"How many cleanup Bills do we need?"
"It’s a neverending process. You know that."
"Well, I would think being the trendsetter that you are, you would go right ahead and try to fix that now."
"I’m not sure a… What I'd like to do is get this done, but I think you have a good point about decal."
"All right. We’ll work on that together, Representative, thank you."
"Happy to."
"Seeing no further questions, the question is, "Shall the House pass Senate Bill 1541?’ 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 117 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Agreed Resolutions."
"Agreed Resolutions. House Resolution 305, offered by Representative Verschoore. House Resolutions 306, 307, and 308, offered by Representative Osmond. House Resolution 310, offered by Representative Acevedo. House Resolution 311, offered by Representative Jakobsson. House Resolution 09600045.doc 57 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 312, offered by Representative Holbrook. House Resolution 314, offered by Representative Cavaletto. House Resolution 316, offered by Representative Sullivan. House Resolution 318, offered by Representative Flider and House Resolution 319, offered by Representative Dunkin."
"Representative Lang moves for the adoption of Agreed Resolutions. All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And the Agreed Resolutions are adopted. Mr. Clerk, Committee Reports or committee changes."
Clerk Bolin: "One committee has been canceled for this afternoon. The 3 p.m. Bio-Technology Committee has been canceled. There has been a change for a committee tomorrow morning. The Judiciary I-Civil Law Committee, scheduled to meet at 8:30 tomorrow morning, will meet at 10:00 in Room C-1. Again, the Judiciary I-Civil Law Committee, scheduled to meet at 8:30 tomorrow morning, will meet at 10:00 a.m."
"The Lady from Lake, for what reason do you rise, Representative Ryg?"
"Thank you, Mr. Speaker, for purposes of an announcement."
"State your point."
"Thank you. Senator Althoff has asked me to an extend an invitation to all Members of the House to join her and the students and families of the applied learning programs, which is part of a continuum of special education, that provide educational experiences for these students. Breakfast… she is offering breakfast at 7:30 a.m. in the Rathskellar and all are welcome. Thank you." 09600045.doc 58 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009
"The Lady from DuPage, Representative Bellock, for what reason do you rise?"
"Thank you very much, Mr. Speaker. We’d like to invite everybody that’s participating in the COWL Capitol Capers. The first practice is tomorrow night at the Hall of Flags in the Howlett Building at 5:00 p.m. And anybody that would like to join us is welcome to be there. Thank you."
"And now, seeing no further questions to come before the House, Representative Lang moves that the House stands adjourned until 12 noon tomorrow, April 29, 2009. The House will stand adjourned until 12 noon, Wednesday, April 29, 2009. Allowing perfunctory time for the Clerk, the House now stands adjourned. House Perfunctory Session will come to order. Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following legislative measures and/or Joint Actions Motions were referred, action taken on April 28, 2009, reported the same back with the following recommendation/s: approved for floor consideration is House Resolution 321, offered by Representative Colvin. Introduction and reading. Senate Joint Resolution 35, offered by Representative Burns, referred to the House Committee on Rules. And Senate Joint Resolution 52, offered by Representative Smith, referred to the House Committee on Rules. Senate Bills-First Readings. Senate Bill 263, offered by Representative Currie, a Bill for an Act concerning education. Senate Bill 349, offered by Representative Currie, a Bill for an Act concerning government. Senate Bill 591, offered by Representative 09600045.doc 59 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 Nekritz, a Bill for an Act concerning local government. Senate Bill 1477, offered by Representative Currie, a Bill for an Act concerning local government. Senate Bill 1858, offered by Representative Currie, a Bill for an Act concerning public employee benefits. Senate Bill 1946, offered by Representative Currie, a Bill for an Act concerning public employee benefits. Senate Bill 2010, offered by Representative Currie, a Bill for an Act concerning criminal law. And Senate Bill 2218, offered by Representative Currie, a Bill for an Act concerning State government. House Perfunctory Session will come to order. Committee Reports. 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 April 28, 2009, reported the same back with the following recommendation/s: 'approved for floor consideration 'recommends be adopted’ referred to the Order of Resolutions is Senate Joint Resolution 52, offered by Representative Smith. Representative May, Chairperson from the Committee on Environmental Health, to which the following measure/s was/were referred, action taken on April 28, 2009, reported the same back with the following recommendation/s: 'recommends be adopted' is House Resolution 212; 'do pass Short Debate' is Senate Bill 1769; 'do pass as amended Short Debate' is Senate Bill 1685. Representative Collins, Chairperson from the Committee on Juvenile Justice Reform, to which the following measure/s was/were referred, action taken on April 28, 2009, reported the same back with the following recommendation/s: 'do pass 09600045.doc 60 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 Short Debate' Senate Bill 1725. Representative McAuliffe, Chairperson from the Committee on Veterans' Affairs, to which the following measure/s was/were referred, action taken on April 28, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' is Senate Bill 1462; 'recommends be adopted’ is House Resolution 248. Representative Flowers, Chairperson from the Committee on Health Care Availability & Accessibility, to which the following measure/s was/were referred, action taken on April 28, 2009, reported the same back with the following recommendation/s: 'recommends be adopted' is House Resolution 267. Representative Moffitt, Chairperson from the Committee on Fire Protection, to which the following measure/s was/were referred, action taken on April 28, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' is Senate Bill 1353. Representative Froehlich, Chairperson from the Committee on Cities & Villages, to which the following measure/s was/were referred, action taken on April 28, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' is Senate Bill 264, Senate Bill 1661, Senate Bill 2057, Senate Bill 2272. Representative Colvin, Chairperson from the Committee on Consumer Protection, to which the following measure/s was/were referred, action taken on April 28, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' is Senate Bill 2180. Representative Brosnahan, Chairperson from the Committee on Financial Institutions, to which the following measure/s was/were referred, action taken on April 28, 2009, 09600045.doc 61 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 45th Legislative Day 4/28/2009 reported the same back with the following recommendation/s: 'do pass Short Debate' is Senate Bill 1563. Representative Phelps, Chairperson from the Committee on Agriculture & Conservation, to which the following measure/s was/were referred, action taken on April 28, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' is Senate Bill 1443, Senate Bill 1595, and Senate Bill 2129; ‘do pass as amended Standard Debate’ is Senate Bill 38; recommends be adopted’ is House Resolution 235. Representative Monique Davis, Chairperson from the Committee on Insurance, to which the following measure/s was/were referred, action taken on April 28, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' is Senate Bill 1877. Representative Collins, Chairperson from the Committee on Public Utilities, to which the following measure/s was/were referred, action taken on April 28, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' is Senate Bill 2338. Representative Beiser, Chairperson from the Committee on Transportation, Regulation, Roads & Bridges, to which the following measure/s was/were referred, action taken on April 28, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' is Senate Bill 1450. Introduction and reading of House Bills-First Reading. House Bill 4444, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 4446, offered by Representative Hernandez, a Bill for an Act concerning appropriations. There being no further business, the House Perfunctory Session will stand adjourned.” 09600045.doc 62