“The House shall come to order. The Members shall be in their chairs. We ask the Members and our guests in the gallery to turn off laptop computers, cell phones, and pagers. And we ask our guests in the gallery to rise and join us in the invocation and the Pledge of Allegiance. We shall be led in prayer today by Fred Robinson, a member of the St. Katherine Drexel Parish Church in Springfield, Illinois.”
"Almighty Father, and ever living God, who is beyond the grasp of our highest thought, but an easy reach of a humble prayer, speak to us this morning and show us the way to open channels. As we turn from personal moments to under-take the business of the day, give us a balance between awareness of things spiritual and of the work before us. I pray that You would surround the Speaker of the House, Michael J. Madigan, with wise counsel and a Legislative Body consisting of men and women of integrity, who place Your agenda and the good of this state above their own and whose motive are for that which is right. I pray that those in authority here today will make right decisions concerning the politics, the social welfare, and the economics of Illinois. As we are looking up from our preoccupations, may we not forget to look around for the needs of Your people here in the State of Illinois. If our work this day, is crowned with success, let us rejoice and be glad. But if it is through the shadows we walk, strengthen us with the power of great conviction and sustain us against whatever pressures beset our way. Be near to us, as we await tomorrow and whatever our fate may be. Be near 09500070.doc 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 to us in all we do, that what we do may be for the betterment of humanity and the glory of God. Amen."
"Amen. We shall be led in the Pledge of Allegiance by Representative Harris."
"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. Representative Currie."
"Thank you, Speaker. Please let the record show that Representative Rich Bradley, Collins, Dunkin, Feigenholtz, Franks, Gordon, Graham, May, Mendoza, Nekritz, Patterson, and Younge are excused today."
"Mr. Bost."
"Thank you, Mr. Speaker. Let the record reflect that Representative Durkin, Hassert, Schmitz, Coulson, and Dunn are excused today."
"The Clerk shall take the record. There being 100 Members responding to the Attendance Roll Call, there is a quorum present. Representative Currie."
"Thank you, Mr. Speaker. I regret to inform the House, that Representative Wyvetter Younge's husband died last evening."
"Representative Brauer."
"Thank you, Speaker. I also ask for a moment of silence for the 3637th Maintenance Group that just left Springfield as we speak. Thank you, may they have Godspeed and return safely." 09500070.doc 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007
"On page 26 of the Calendar, on the Order of Resolutions, there appears HJR 3… SJR 3. Mr. Washington. SJR 3, Mr. Washington."
"Thank you, Mr. Speaker. Senate Joint Resolution 3, reconstitutes the commission to study the transatlantic slave trade and its past and present effects on African Americans, and it was created in the 94th General Assembly. And I ask for a favorable passage."
The Gentleman has moved for the adoption of the Resolution. There being no discussion, the question is, 'Shall this Resolution be adopted?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted a wish? The Clerk shall take the record. On this question, there are 98 people voting 'yes', 0 voting 'no'. This Resolution has been adopted. Representative Pihos, did you wish to call your Motion on House Bill 1289, on the Order of Concurrence?”
"Yes. Thank you, Mr. Speaker and Members of the House. I move to concur with Senate Amendment #1 to House Bill 1289. It provides that it should be considered an aggravating factor in sentencing, if the offender committed a crime of financial exploitation against a person who is elderly, disabled, or infirmed. And I ask for your 'aye' vote."
"The Lady has moved that the House concur in Senate Amendment #1 to House Bill 1289. Mr. Black."
"Thank you very much, Mr. Speaker. It's good to see you here. I know that you work seven (7) days a week. And I 09500070.doc 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 certainly plan join you in that, starting today. Will the Sponsor yield? "
"Sponsor yields."
"Representative. The underlying Bill was part of the Republican House law package. And I noticed that Senate Amendment #1 becomes the Bill. What did the Senate Amendment take out?"
"It didn't actuarially take out anything. It added the word 'infirmed', they just worded it a little differently, but the intent is exactly the same."
"You just added the word 'infirmed'?"
"Right. They just rearranged the word."
"Well, I think that that's an appropriate word, given that we're here on June 7. It sounds like a reasonable addition to me. Thank you very much."
"Thank you."
"Again, the Lady moves that the House concur in Senate Amendment #1. Those in favor signify by voting 'yes'; those opposed by voting 'no'. This Motion will require 60 votes. Have all voted a wish? Have all voted a wish? The Clerk shall take the record. On this question, there are 100 people voting 'yes'; 0 voting 'no'. The House does concur in Senate Amendment #1. And this Bill having received a Constitutional Majority, is hereby declared passed. Representative Howard. Did you wish to call your Motion on House Bill 1293, on the Concurrence Calendar? Representative Howard."
"Thank you, Mr. Speaker. I move concurrence with Senate Amendment #1 of House Bill 1293. As amended, the Bill would 09500070.doc 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 award parolees ninety (90) days of early release from parole or mandatory supervised release, when they pass the high school level test for GED. This Amendment also moves the language to a different Section of the Code of Corrections and deems it a reduction of the period of parole or supervised release, instead of early release. I would like concurrence, please."
"The Lady has moved that the House concur in Senate Amendment #1 to House Bill 1293. The Chair recognizes Representative Lindner."
"Thank you, Mr. Speaker. Will the Sponsor yield? "
"Sponsor yields."
"I just wasn't clear on what the Senate Amendment did that was different from the House. Did you say it was on supervised release?"
"Yes, it moves it from one Section of the Code of Corrections to another Section that it was appeared to be more appropriate. And also raised the… the numbers of days from sixty (60) to ninety (90), as in the other legislation."
"So now there will be ninety (90) days of good time credit if you get your GED?"
"That would be correct."
"All right. Thank you."
"Representative Reboletti."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." 09500070.doc 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007
"Representative. Does this only occur if only you're on parole or can you have started your GED while you're in the custody of the Department of Corrections?"
"This would pertain only to… while you're on parole."
"Was there any particular reason for… for this Bill, is there some genesis for it besides the fact there giving a little more incentive to the inmates?"
"I only know that we are attempting to provide a little more incentive. I know of no examples that I can give you of why this might have been proposed."
"I guess the only concern I have, Representative, is that many of these individuals that are on supervised release or parole, that are on for a very short period of time. It takes a longtime just to take the test and to… and to actually take the test and take the classes and then to graduate. So, I think part of my concern is that they should have started the classes and course work in… in custody. Thank you."
"Mr. Black."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative. There's a portion of the underlying Bill that if… if the accused received his or her GED while incarcerated, the good time credit will double, from eighty (80) to (160) days. Now, as I understand the Senate Amendment, if they complete the GED while on parole, they get an additional ninety (90) days."
"That's correct. 09500070.doc 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007
"So, that would be a total of two hundred and fifty (250) days of good time credit. I think I join… my concern is with the previous speaker. I… I share his concern. The one hundred sixty (160) days while incarcerated would seem like an incentive to me. I'm not sure that I understand why we want to eliminate the ninety (90) days of supervised release while… while you're on parole. That comes out to, you know, just almost a full year. And I… I…"
"It is my understanding, Mr. Black, that we are not talking about combining two different benefits. We're saying that if you take advantage while you are still imprisoned, that there is something that can benefit you. But if you do not take advantage of it while you are imprisoned then you have the other option at your disposal."
"So, the ninety (90) days would be if… the ninety (90) days… having not to go to your parole officer would be only if you took advantage of the GED after your release, is that what you're telling me?"
"That is my understanding."
"Okay. Then the one hundred and sixty (160) days of additional good time, excuse me, the eighty (80) days of additional good time, would be if you complete the GED while incarcerated."
"And that is correct, as well."
"Thank you very much."
"The question is, 'Shall the House concur in Senate Amendment #1 to House Bill 1293?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. This Motion will require 60 votes. Have all voted who wish? 09500070.doc 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 Have all voted who wish? The Clerk shall take the record. On this question, there are 64 people voting 'yes'; 35 people voting 'no'. The House does concur in Senate Amendment #1 to House Bill 1293. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Lang on House Bill 1259."
"Thank you, Mr. Speaker. On behalf of Representative Younge, who is not here today, I move that we concur in Senate Amendment #1 to House Bill 1259. This is basically a technical Amendment changing the board that was created in this Community Self Revitalization Act. And I would move adoption of the Senate Amendment or passage of the the concurrence Motion."
"The Gentleman moves that the House concur in the Senate Amendment. There being no discussion, the question is, 'Shall the House concur in this Amendment?' Are there people seeking recognition on this Motion? Is there any further discussion, anyone who wishes to address the Motion? There being none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 1259?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted a wish? Mr. Burke. The Clerk shall take the record. On this question, there are 99 people voting 'yes', 0 voting 'no'. This House does concur in Senate Amendment #1. And this Bill, having received a super Constitutional Majority, hereby declared passed. Representative Hamos, House Bill 1300."
"Thank you, Speaker, Ladies and Gentlemen. If you remember, in this Bill we're creating the Illinois Local and 09500070.doc 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 Organic Food and Farm Task Force. Senate Amendment #2, actually, all it does is to require that the Governor do this within sixty (60) days. I guess they weren't as trusting in the Senate as to how long it would take for the Governor to get around to appointing this task force. That's all this Amendment does."
"The Lady moves that the House concur in Senate Amendment #2. The Chair recognizes, Mr. Black."
"Thank you very much, Mr. Speaker. Would the farmer yield?"
"The Lady will yield."
"Thank yah. Representative, since we last talked about this here Bill, have you gone out and bought some boots?"
"Well, I am so disappointed because I was planning to stand here as you had promised me, in my bib overalls and my Wolverine boots, and my John Deer hat. And no, you did not bring them, so I'm standing here in my plain old Evanston pantsuit."
"Dawg gone it. I apologize. I did mean to bring that John Deer hat. I think it would look very good on you. Thank you very much, Representative and Ladies and Gentlemen of the House. To the Bill, I appreciate the Representative's work on this… on this Bill. She has done a yeoman job of… of talking with the Farm Bureau, most of the concerns that some of us had that this might become a wedge issue between traditional grain farmers and those who wish to go organic, I think have been resolved by her willingness to accept a Amendment offered by the Farm Bureau. And I know of no opposition from the farm community. And before 09500070.doc 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 this Session is over… it'll probably be sometime in the fall, Representative, I'll try to get those boots, those bib overalls, and that hat down here and… and we'll go out and pick some organic pickles or something. So I… I do thank you for your work with the Farm Bureau. I stand in support of your Bill."
"The question is, 'Shall the House concur in Senate Amendment #2 to House Bill 1300?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. This Motion shall require 71 votes. Have all voted a wish? Have all voted a wish? The Clerk shall take the record. On this question, there are 99 people voting 'yes', 0 voting 'no'. The House does concur in Senate Amendment #2 to House Bill 1300. And this Bill, having received a super Constitutional Majority, is hereby declared passed. Mr. Molaro, House Bill 1319."
"Thank you, Mr. Speaker. The Senate must have been bored when they saw my Bill, because what they did is the word 'party', they changed to 'parties', and 'provide to pay' was 'provide to… provider to pay'. So they changed an 's' and they changed an 'r', but since they did do that we're back here on concurrence, but the Bill remains exactly the same when it passed out of here unanimously and I would move to concur on Senate Amendments 1 and 3."
"The Gentleman moves that the House concur in Senate Amendment #1 and 3. There being no discussion, the question is, 'Shall the House concur in these Amendments?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. This Motion shall require 71 votes. Have all 09500070.doc 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 voted a wish? The Clerk shall take the record. On this question, there are 98 people voting 'yes', 1 person voting 'no'. The House does concur in Senate Amendments #1 and 3. And this Bill, having received a super Constitutional Majority, is hereby declared passed. Representative Yarbrough on House Bill 1330."
"Thank you, Mr. Speaker. I move for concurrence on Senate Amendment 1 and 2 on House Bill 1330. The Bill now requires the State Board of Education to convene a Ensuring Success in School Task Force, to develop policies, procedures and protocols to be adopted by school districts for addressing the educational and related needs of children and youth who are parents, expectant parents, or victims of domestic or sexual violence. Senate Amendment #2 simply adds 1 Member appointed by the Minority Leader of the Senate and 1 Member appointed by the Minority Leader of the House of Representatives. I move for concurrence."
"The Lady moves that the House concur in Senate Amendments #1 and 2. There being no discussion, the question, 'Shall the House concur in these Amendments?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. This Motion shall require 71 votes. Have all voted a wish? The Clerk shall take the record. On this question, there are 80 people voting 'yes', 19 voting 'no'. The House does concur in Senate Amendments #1 and 2. And this Bill, having received a super Constitutional Majority, is hereby declared passed. Representative Krause on House Bill 1384." 09500070.doc 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to concur with Senate Amendment #1 to House Bill 1384. The underlining (sic-underlying) Bill provided for state agencies to strive to reduce energy use by 10 per cent within ten (10) years. Senate Amendment 1… #1 merely eliminates a part of the Bill that would require that contracts implement a design criteria. We were advised that is not typically done and is not necessary in the Bill."
"The Lady moves that the House concur in Senate Amendment #1. There being no discussion, the question is, 'Shall the House concur in this Amendment?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. This Motion shall require 60 votes. The Clerk shall take the record. On this question, there are 99 people voting 'yes', 0 voting 'no'. The House does concur in Senate Amendment #1. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Sacia on House Bill 1403."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to concur with Senate Amendment #1 on House Bill 1403. This is a methamphetamine enhancement charge for methamphetamine being manufactured close to a church and all it does is delete the phrase 'former church'. I would ask for your approval."
"The Gentleman moves that the House concur in Senate Amendment #1. There being no discussion, the question is, 'Shall the House concur in this Amendment?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. This Motion shall require 60 votes. The Clerk 09500070.doc 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 shall take the record. On this question, there are 99 people voting 'yes', 0 voting 'no'. The House does concur in Senate Amendment #1. And this Bill, having a Constitutional Majority, is hereby declared passed. Mr. Sacia, House Bill 1406."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to concur with Senate Amendment #1 on House Bill 1406, which simply at the request of the Department of Professional Regulation add some boilerplate language, that is acceptable by all the parties concerned, and I'd appreciate your approval."
"The Gentleman moves that the House concur in Senate Amendment #1. Those in favor signify by voting 'yes'; those opposed vote 'no'. This Motion will require 60 votes. The Clerk shall take the record. On this question, there are 99 people voting 'yes', 0 voting 'no'. The House does concur in Senate Amendment #1. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Hannig. Mr. Hannig. Mr. Hannig in the Chair."
"Representative Holbrook, you're recognized on a Motion to Concur for House Bill 1423."
"Thank you, Speaker. I move to concur with Senate Amendment #3 to House Bill 1423. This is a Bill that was originated when JCAR had many problems with the Elevator Safety Regulation Act. I'm glad to say that all parties now have agreed: the fire marshals, the elevator industry, the elevator unions, the AARP, all… all… everyone's onboard with this now. It passed out of the Senate unanimously. It 09500070.doc 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 passed out of our committee unanimously. Glad to take any questions, but ask for an 'aye' vote."
"You heard the Gentleman's Motion. Is there any discussion? Then the question is, 'Shall the House concur in the Senate Amendment and shall this Bill pass?' This requires 71 votes. All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 99 voting 'yes', and 0 voting 'no'. And House does concur in the Senate Amendment. And this Bill, having received a Three-fifths Constitutional Majority, is hereby declared passed. Representative Kosel, you're recognized to concur on House Bill 1491."
"Thank you, Mr. Speaker. I move to concur in Senate Amendment 1 to House Bill 1491. The Senate added an engineering study to this Bill that wasn't in it before; it does not significantly change what the Bill does or how it does it. I would move for its approval."
"You heard the Lady's Motion. Is there any discussion? Then the question is, 'Shall the House concur in the Senate Amendments and shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. This requires 60 votes. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 99 voting 'yes', 0 voting 'no'. And the House does concur in the Senate Amendment. And this Bill, having received a Constitutional 09500070.doc 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 Majority, is hereby declared passed. Representative Brauer you're recognized to concur on House Bill 1499."
"Thank you, Mr. Speaker. I move to concur on Senate Amendments #1 and #2. This is a Bill that allows farmers to take their ATV's from field to field on secondary roads. Senate Amendment #1 makes sure that the lights are on these vehicles half an hour before sunset, 'til half and hour after sunrise. Senate Amendment #2 is Representative Jakobsson's Bill, Senate Bill 393, which passed earlier. I appreciate an 'aye' vote."
"You heard the Gentleman's Motion. Is there any discussion? This requires 71 votes. So, the question is, 'Shall the House concur in the Senate Amendments and shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 99 voting 'yes' and 0 voting 'no'. And the House does concur in the Senate Amendment. And this Bill, having received a Three-fifths Constitutional Majority, is hereby declared passed. On page 18 of the Calendar, under the Order of Concurrences, is House Bill 3614. Representative Sullivan, you're recognized on a Motion to Concur."
"Thank you, Mr. Speaker, Ladies and Gentlemen. Earlier in the year we passed over House Bill 3614, it was clean-up language in regard to animal fighting and it also increased the penalty for animal fighting. In the process of doing that somehow the language in regards to penalties for injuring or killing a police dog or service animal were 09500070.doc 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 deleted from the underlying Bill, so we were just adding those back to make it whole. There is no increased penalty, it's just the existing penalties that we want to make sure that are currently there. I'll answer any questions."
Speaker Hannig: "You heard the Gentleman's Motion. This requires 71 votes. Is there any discussion? Then the question is, 'Shall the House concur in the Senate Amendment and shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 99 voting 'yes' and 0 voting 'no'. And the House does concur in the Senate Amendment. And this Bill, having received a Three- fifths Constitutional Majority, is hereby declared passed. On page 7 of the Calendar, under the Order of Senate Bills- Third Reading, is Senate Bill 1265. Mr. Clerk, read the Bill."
"Senate Bill 1265, a Bill for an Act concerning transportation. Third Reading of this Senate Bill."
"Representative Hoffman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is an initiative of the Fraternal Order of Police and the various police organizations. And it indicates that license plate covers to evade photo radar and red light overhead cameras to distort the imagine and obstruct the visibility of the plate are prohibited and it would prohibit the clear plastic license plate covers that do that." 09500070.doc 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007
Speaker Hannig: "This requires 60 votes. Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 99 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. We're going to go to the Order of Resolutions for awhile. Representative Tryon on House Joint Resolution 13. Out of the record. Representative… Representative Miller on House Joint Resolution 49. Out of the record. Representative Colvin on House Joint Resolution 51. Okay. Representative Colvin."
"Thank you, Mr. Speaker, Ladies and Gentlemen. I have for your approval House Joint Resolution 51, which deals with a Bill that's currently being discussed and debated in the United States Congress. Given the fact that the United States of America, for more than two (2) years now, have had a national personal savings rate below zero. As a result, House Resolution 4751, that is currently being debated in Congress, is a Bill that would establish and provide for the treatment of individuals who develop accounts for the purposes of re-establishing the discipline and the benefits and the advantages of savings. House Joint Resolution 51 simply urges Congress to pass that measure and to enact it, to deal with our negative net savings rate here in the United States of America."
"There any discussion? Then all in favor of the Resolution vote 'aye'… say 'aye'; all opposed say 'no'. The 09500070.doc 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 'ayes' have it. And the Resolution is adopted. On page 20 of the Calendar, Representative Osterman on House Joint Resolution 55."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Joint Resolution 55 comes as a combined effort by environmental organizations and those interested in open space as well as hunting. And the goal of this legislation… this Resolution, is to try to encourage us and the Governor to allocate or put into a capital budget a hundred million dollars ($100,000,000) that could be used for the acquisition of open land space and space for sports and hunting throughout the State of Illinois. This Resolution has, I believe, over sixty (60) cosponsors, and it is important that we as a State of Illinois begin acquire open space that is being taken everyday so that in the future those in our State have these open spaces to take advantage of. I ask for an 'aye' vote."
"Is there any discussion? Then the question is, 'Shall the Resolution be adopted?' All in favor say 'aye"; opposed 'nay'. The 'ayes' have it. And the Resolution is adopted. Representative Reis on House Joint Resolution 65. Yeah, Representative Reis."
"Thank you, Mr. Speaker. House Joint Resolution 65 establishes a joint task force on deer population control, to examine and make recommendations on the ways to manage the Illinois deer population. It convenes and their report in findings are to be reported back to the General Assembly by January 1, 2009. Be happy to answer any questions and ask for your 'aye' vote." 09500070.doc 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007
Speaker Hannig: "And on that question, the Gentleman from Champaign, Representative Rose."
"Will this include trap, neutoring, or releasing deer, Representative?"
"It will include everything."
"Everything? Because I got a pretty simple solution, you just shoot them."
"You're more than welcome to join us at the task force hearings, Representative Rose."
"Any further discussion? Then the question is, 'Shall the Resolution… excuse me, Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. The Sponsor yield?"
"He indicates he'll yield." Davis, W. "Does this include recommendations on recipes?"
"It's not in the task force recommendations, but you are certainly to add that to it." Davis, W. "Thank you very much."
"Representative Bost."
"Thank you. Does it have anything to do with… you know, some of us are members of PETA, people eating tasty animals, is that have anything to do with?"
"No, it's not and I don't think it has anything to do with birds. So I want to satisfy Representative McCarthy's inquiry, so."
"Any further discussion? Then the question is, 'Shall the Resolution be adopted?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. 09500070.doc 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 On this question, there are 99 voting 'yes' and 0 voting 'no'. And the Resolution is adopted. Representative Smith, you're recognized on House Joint Resolution 66."
"Thank you, Mr. Speaker, Ladies and Gentlemen. This Resolution is at the request of the Board of Higher Education, would establish a task force on school leadership. And this is inspired by the Board's recent report on school leader preparation, a Blueprint for Change. The task force would consist of representatives from all of the leading education organizations representing… organizations representing principals, Chicago Public School principals, the education leadership faculty, private college university education deans, organizations representing teachers, superintendents, school board members as well as the State Board of Education, and the Board of Higher Education. The task force would be appointed jointly by the State Board of Education, the Board of Higher Ed, and the Office of the Governor. Happy to answer any questions."
"Is there any discussion? Then the question is, 'Shall the Resolution be adopted?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 99 voting 'yes' and 0 voting 'no'. And the Resolution is adopted. Representative McCarthy, you're recognized on House Joint Resolution 67."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Joint Resolution 67 urges the Department of Public Health to develop a program to educate parents, 09500070.doc 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 daycare administration… administrators, and physicians about the health benefits of the influenza immunization for children age six (6) months to fifty-nine (59) months. It's a recommendation we think the Department of Public Health should look into."
"Is there any discussion? Then the question is, 'Shall the Resolution be adopted?' All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. And the Resolution is adopted. Representative Ramey, you're recognized on House Joint Resolution 70. Representative Ramey, you're recognized on House Joint Resolution 70."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Joint Resolution 70 will designate a portion of Route 59, between Illinois Route 64 and Army Trail Road in Bartlett as Pramukh Swami Maharaj Road. As you may recall a few weeks ago, we also did a Resolution for BAPS, in that they were celebrating their centenary and June 17 will be BAPS Day. And this evening the Pramukh arrives in Chicago for the celebration. So we would like to adopt the name for this portion of the road in his honor. And in their celebration, I ask for an 'aye' vote."
"Is there any discussion? Then the question is, 'Shall the Resolution be adopted?' All in favor vote 'aye'; opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 99 voting 'yes', and 0 voting 'no'. And the Resolution is adopted. Representative Fritchey on House Resolution 25. Representative Fritchey." 09500070.doc 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007
"Thank you, Speaker, Members of the Body. As many of you may know, next year on the ballot, per the Illinois Constitution, the question of a Constitutional Convention is going to be on the ballot for voters to weigh in on. House Joint Resolution… excuse me, House Resolution 25 simply recognizes this fact, recognizes the important capabilities in place that a Constitutional Convention has within our society, within our democratic process and it simply urges voters to recognize this fact and be supportive of the concept of the Constitution Convention. I request and 'aye' vote. Thank you."
"You heard the Gentleman's Motion. Is there any discussion? Representative Will Davis." Davis, W. "Thank you, Mr. Speaker. Will the Sponsor yield for a question?"
"He indicates he'll yield." Davis, W. "Representative, just so I understand. So, considering that school funding has been a very widely discussed topic here in the General Assembly, does this speak to how we fix school funding or exactly what is… what would ultimately be the outcome of… of this? Is this just… is this just the voters speaking to have the issue dealt with in a certain way or is this speak to certain solutions?"
"Well, this Resolution simply is to the overall concept of a Constitutional Convention. Obviously, school funding or any of the restrictions that we presently have in our Illinois Constitution could be taken up at that time. It is truly a time to let intellect and policy take place 09500070.doc 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 and precedence over politics. And that's why I think it is a fundamental part of our democratic equation." Davis, W. "As I'm looking at what's on our… our computer, as you are pulling yours up, it says that there are opponents to this. And it speaks to several of the unions. Is… is that incorrect?"
"Could you repeat that? I apologize." Davis, W. "There, are there actually opponents to your Resolution on our system here and they're unions. So is there any particular reason or is this information correct or?"
"No, there are a variety of opponents I think a number of people may be uncomfortable with the concept of getting away from politics as usual and allowing as I said, policy to take precedence over politics, because some people, as you know are concerned about the concept of revising how we fund education. Some people, as you know, are concerned about the concept of addressing how we assess property in Illinois. Some people, as you know, are concerned about doing anything to disturb the status quo. But I think if anything, the thirty (30) years since the last Constitution Convention has shown, that sometimes we need to take steps to get away from the status quo and it's only by leaving that status quo that we can make real progress. This would give us that opportunity." Davis, W. "Well, I… I would think that this would probably point us in the right direction. If you remember a week or maybe two (2) weeks ago, Representative Miller gave a very passioned speech about his efforts to try to fix school 09500070.doc 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 funding here in Illinois and how he… you know, in a manner of speaking, chastised many Members of the General Assembly for not really stepping up to the plate and trying to really move this issue forward. So, if this is the effort or allows the individuals throughout the State of Illinois to speak to that issue, because many Members claim that their constituencies won't allow them to vote on certain things or to move that issue forward, then it is suffice to say this seems like it would be a step in the right direction. I just can't understand why anybody would be opposed to it."
"Representative, I couldn't have said it better myself." Davis, W. "Thank you very much."
Speaker Hannig: "Any further discussion? Representative Molaro."
"Thank you. As to the last speaker, maybe I can tell you why some people might be opposed to this. Constitutional Convention obviously should be called… you know, every so often… you certainly don't want to have a Constitutional Convention every three (3) years. I mean, you would almost need not need a General Assembly. There is no doubt that from the minute I got down here, and you talk to the Speaker and people who have been down here even longer, they will tell you that they've been talking thirty (30), forty (40) years about how to do school funding and everybody in the building says that there is probably a problem with school funding. However, the problem with the Resolution is that it just doesn't say that we should have a Constitutional Convention, it says specific items in it. 09500070.doc 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 And when you start putting specific items in it, then you cause… that's where the problem comes up. It's almost like going to a testimony and you start thanking people and you say well if I forget to thank the other people someone's going to get mad at me. And that's the problem. I… I guess, I don't see… certainly we could talk about school funding. I don't know… I don't see this urgent need for campaign finance reform. I don't see this urgent need for, you know, reform as to how we assess properties. Now, maybe in your district, it's an issue. But I got to tell you, my district it's not that big of an issue. Now, I want to take you on, on what's in your district and what's in mine, just suffice it to say, I know my district, it's not a big deal, in yours it might be. But everybody knows that school funding is a problem everywhere and everybody knows that's it's going to be difficult task for the General Assembly to do… I might include, you know, the social problems in the Constitutional Convention. I hate talking about abortion and the death penalty and all these other gun control. Maybe we could we could do it by constitution. I just think that we… it's a problem for me, Representative, when we start listing what we think the General Assembly can't tackle. So, now you put me in a position where I like the idea of a Constitutional Convention, but I don't like the idea of a Resolution that says, we need a Constitutional Convention to talk about how we assess property. I think we could do that in this Body. I don't think we need a Constitutional Convention… I forget the other one you pointed out here. I just said, oh, about campaign finance 09500070.doc 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 reform. I think we could do it in this Body. So, I object to the Resolution because of those reasons. As far as school funding issues, I would be for. So, I guess if you answer it, or want to say something maybe I can turn around on this."
"Well, maybe what might turn it around, is the fact that the frame work of this language came from a Resolution that you introduced last Session, as you may recall."
"Well, yeah, but I didn't list… I didn't list these reasons."
"You… you had listed some others. Obviously, the Resolution helps state what drove me to file this. As you are well aware, the Constitutional Convention would not be limited in scope of what could be handled. I'm not saying that a Constitutional Convention should be limited to these issues. I'm saying that, I think that it is healthy for the process, for every thirty (30) years or so, to bring in some people and take a look. As you're aware our Speaker was one of the delegates. We've had a lot of bright minds in Illinois politics, who got their start as delegates in the Constitutional Convention. It's going, it's going to be on the ballot. This is not, everybody needs to understand that this is not a question of, should we put this on the ballot? By law and mandate, it will be on the ballot. All we are simply saying is that we urge the support of the electorate that a Constitution Convention should be called and we encourage the electorate's attention to this initiative. That's where the crux of what I'm trying to do, Representative. A lot of people in this State… maybe 09500070.doc 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 because they didn't live here or they weren't old enough, they don't even… they're not even aware of the concept. Whether they are for it or against it, I want them to be aware of the concept of the Constitutional Convention, to understand what it is."
"I… I fell for the same freshman mistake, I… I yelled at a freshman at about that I asked the question, I'm only going to get 5 minutes and I'm going to lose 2 minutes of… of what you answering the question. I… well, let me get right to it then. When it appears on the ballot, will it just say, for Constitution Convention… will it list your reasons?"
"The… the language… if my memory recalls correctly, the language is actually dictated. It is a very neutral form, do you support? And obviously, I have paraphrased it."
"And apparently by law, we can't say, 'limited', cause that's what the problem what I was told by… 'cause I would just love to have it limited to just two (2) or three (3)… We can't do that, right?"
"No, we… we cannot do that. Different constituencies are going to come out to say we should do this, we shouldn't do that. I think that this Constitutional Convention is one of the purest forms of this process that we can have. The question that would appear on the ballot would simply be as to whether the electorates support the idea of allowing non- politicians, allowing people representing the citizenry of this State, to take a look to see if our Con…." 09500070.doc 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007
"Representative Molaro, your… your time has expired. So, why don't we just… we have a long list of people who would like to speak. So, Representative Black."
"Thank you very much, Mr. Speaker. I rise in strong support of the Gentleman's Motion on the Resolution. It appears obvious to me, since the last Constitutional Convention was rejected by the voters twenty (20) some years ago… almost twenty (20) years ago, that the General Assembly, for whatever the reason, and I'm not questioning anybody's motives, but I think Representative Fritchey makes a strong case. There are some fundamental, if not systemic problems that the General Assembly seemingly has not been able to resolve. And a Constitutional Convention may want to take those things up. There is an issue of… of recall, citizen recall, that many states have, a citizen initiative, citizen referenda, that we don't have. There's obviously the school funding issue that the General Assembly has wrestled with through, I think thirty (30) years of blue ribbon committees, and we've not been able to agree. It may very well be that people of goodwill from around the state can meet and determine that certain fundamental services of State Government need to be changed and that certain citizen empowerment needs to take place. That's what a Constitutional Convention is. As Representative Fritchey has accurately stated, this question is going to be on the ballot, whether we want it or like it or approve of it or not. That… that's a given. It will be on the ballot in 2008. I don't see anything wrong with the people's chamber saying that a majority of us, if that be the case that 09500070.doc 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 remains to be seen, but if a majority of us support the call. I… I've never been afraid to face the people and none of you have either; we do so every two (2) years. But I have had a number of people come up to me and say that they think it's time that there be some fundamental changes in the Illinois State Constitution. One, I think citizens are… are demanding more ability to directly have input into the process. I think they want more transparency. I think the current situation we find ourselves in, could very well be addressed by members of a Constitutional Convention trying to determine whether the appropriation process needs to be changed or altered or… or again made more transparent. I… I don't think we need to fear a Constitutional Convention. I, I agree with Representative Fritchey, we should embrace it, it's going to happen. I think we should urge the people to support it. It's been a long time, in this fast-changing world, since the 1970 Constitution was adopted. And in that period of time, technology has completely changed the way we operate, 24 hour a day news channels have changed the way we operate and the needs of the state have changed a great deal. We're not the agrarian state we were a few years ago. We have rapid growth in some areas, very limited or diminishing growth in others, the property tax. I don't know how much longer that's going to be able to be the primary source of funding for education. Particularly, in those districts where you are not having property tax or excuse me, property valuation growth. And as our population shifts dramatically, there are all kinds of questions about equal representation, the one man, one vote provision. It 09500070.doc 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 would be a interesting exercise to see people come together realize what we were like in 1970, realize what we're like at the… at the end of the first decade in the 21st century. And I think some changes probably could and should be made. And I don't fear those changes; I have a great deal of confidence in the people. I rise in strong support of the Representative's Motion. I think we should accept the Motion and let the people have some input into the process because it appears obvious as we stand here today, that somehow the system is beginning to break down. And we're not able to do what we all know what we should do and could do, but for whatever the reason, we're not able to get there. So, I warmly embrace the Gentleman's Motion, warmly embrace the…"
"Representative, could you bring your remarks to a close."
"I simply embrace the Resolution, I think the Gentleman is correct and I think we should express our support for the call of a Constitutional Convention."
"Representative Currie."
"Thank you, Speaker, and Members of the House. I rise in strong opposition to the Gentleman's Motion. I don't fear the people. But I do think that our Constitution, the 1970 Illinois Constitution, is a good, strong statement of principles that were good in 1970, and they're good in 2007. It's a nice strong framework for which the operation of State Government, I think, works effectively. There may be places where we could do a better job with that Constitution and I welcome anyone who thinks that perhaps we should 09500070.doc 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 reorder the way we fund public education. I'd urge them to introduce an Amendment to the Constitution, so that we can have that debate, we can have that discussion focused on the issue, what should the state's role in financing public education be. But a wholesale rewrite of what turns out to be exactly what a Constitution should be not prescriptive, not talking about the specifics that it really is the legislative responsibility and the executive responsibility. I think there's a big risk in saying, let's throw the whole thing open, let's start from scratch. We don't need to start from scratch, we have a good sound framework, we have good sound principles. And where we need to make change I invite the Members of this chamber to offer the Constitutional Amendments that they think are appropriate in one area and another area specifically and not to throw into question the entire document, which has served us very well for now almost forty (40) years. I urge a 'no' vote."
"Representative Lang."
"Thank you, Mr. Speaker, Ladies and Gentlemen. It's rare indeed that I would stand on the House floor and be in opposition to any measure supported by Representative Fritchey, but I must do that today. Representative Currie is 100 percent correct. Our Constitution is a good one, it sets out a terrific framework for us to do our work. None of us are hesitant on this floor to advance Constitutional Amendments that we think would improve our Constitution. I myself have had many. I have one this year that some of you have signed onto regarding funding education. I would like to see that moved through the process. In the meantime, I 09500070.doc 31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 believe that having a Constitutional Convention is dangerous for this General Assembly. It leaves open the opportunity for all sorts mischief. It leaves open the opportunity for all sorts of groups, who would be involved in the process of determining who would be at that Constitutional Convention, to send people there that would change the framework of our Constitution in such a way as to hamstring us, as to make our work more difficult to do, and indeed to take us in directions we don't want to go in. I believe that we have all the tools we need under our current Constitution, to do the work we need to do, to make the Amendments to the Constitution that are appropriate, and I strongly believe that a Constitutional Convention at this time is not the right way to go. And while I do not fear the people of the State of Illinois, I definitely fear what would come out of Constitutional Convention as it relates to the work of this Body, as it relates to the direction of public policy in the State of Illinois. I would strongly, strongly recommend a 'no' vote. And Mr. Speaker, I would request a Roll Call vote on this Resolution."
"So, there will be a Roll Call vote at the end of the debate at the request of Representative Lang. Representative Mulligan, you're recognized for 5 minutes."
"Thank you, Mr. Speaker. I strongly stand in support of Representative Fritchey on this issue. I have several proposals for a Constitutional Amendment that I filed at the beginning of the year. Some of which other people have filed, they have been sent to Rules, never to be heard from again. One of them was on terms… terms, another one was on 09500070.doc 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 how we redistrict, as someone who's had my house drawn out twice, it's really interesting the way we redistrict, and I've watched how it's done. The other one that I think we should consider, which some states have, is looking at having an independent nonpartisan Bureau of the Budget. We found out for the past several years that it's really hard to get accurate figures any more from a Bureau of the Budget, depending on how the administration runs. If you take a look at some other states when it's nonpartisan, that allows you to go there and get the information that you need when it comes to times of the year like this. So, I stand in strong support of this. I don't know why we should be afraid of the fact that the General Assembly seems to lack the ability to straighten out the educational funding, although, I don't agree that when you put down 49th that you're looking totally at the amount of money we're spending, particularly money that's spent from property taxes, which sometimes when we discuss where we stand in the country, we seem to forget that many communities such as mine put their own money in that. I think this is an excellent idea. I think we ought to offer it to the public and I think we ought to engage them in what's going on here more than what they have been. So, I stand in support of it and I would urge everyone to vote for it."
"Representative Boland."
"Thank you, Mr. Speaker. I… I strongly support this measure. It's been thirty-seven (37) years since the 1970 convention. It produced a lot of good reforms from the previous convention. But there are some other ideas that we 09500070.doc 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 need to look to in the future, some of which have been tried in the General Assembly to get through, things like judicial reform and school funding reform, consolidation of some of the statewide offices, such as Treasurer and Comptroller. You know, and we have two (2) fine officers in those positions today. But, you know they'll probably go on to something bigger and better in the future and we need to look at redistricting. How is redistricting done here compared to in some other places? And we need to look at the idea of the terms of Representatives and campaign financing. So, there's a whole list of possible reforms that we need to look to. We need to look at what has been done in some other states that could help to make our state run better, more efficiently, and more in the interest of… of the people. I have no problem with putting the final approval or disapproval in the hands of the average voters. Number one, anything that comes out of a Constitutional Convention has to be approved by a supermajority. So no small group, rather they be pro or con on some type of single issue is going to be able to dominate the electorate. This will be an actual supermajority that decides what they want that should come out of this possible Constitutional Convention. One of the crucial things about this is that this will give folks who are not ordinarily in the process a chance to take part in creating the type of Illinois government that they want. People from academia for example, people from other fields that may not be professional politicians that would be elected on a nonpartisans basis. You know, two (2) from each senate 09500070.doc 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 district in the last Constitutional Convention, the delegates were elected in that manner. So hopefully, it would take away some of the partisanship and really bring forth some good government reforms. I think it's time for us to give the people of Illinois a chance to really vote on some of these things. Most Constitutional Amendments that have been proposed in the General Assembly somehow get buried, rather they are good or bad, they never, ever actually get to a vote. So this is a chance to really give the folks in Illinois a chance to decide, do they want a change the way that they fund our educational system. I strongly believe they will. I strongly believe that they sense that we have to make our children competitive with those in India and China and other emerging areas of the world, the European Union, those places where they're doing much more to sustain a system of education than we are in parts of the United States. And really to tell the truth, here in Illinois we're not doing our part to really fund them equitability. So there's a lot of important issues that need to be considered more than we can talk about probably in this short time. It requires a state Constitutional Convention. I would urge a 'yes' vote."
Speaker Hannig: "Representative Beaubien. Representative Beaubien, you're up."
"Thank you, Mr. Speaker. I would like to turn my time over to Representative Black."
"Representative Black."
“Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. My friend, my colleague, a woman 09500070.doc 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 that I have great respect for, the Majority Leader of the House, said if we have issues, we should file a Constitutional Amendment. I… I joined with her 1992. I cosponsored the Constitutional Amendment that would have… it was very general, as you will recall, it just said that we will be responsible for 50 percent of K-12 funding. And it was a controversial Amendment, very few Republicans voted for it. I happened to be a cosponsor and I voted for it. I think what we have forgotten, is that that Amendment passed in ninety-six (96) of the one hundred and two (102) counties. And only missed the 60 percent mark by less than 2 percentage points. I also voted for the tax swap in 1997. Again, not a popular vote on my side of the aisle, but for the last four (4) years I have filed a Constitutional Amendment that simply says we will be responsible as the Constitution sets out. Now the courts have ruled it isn't a mandate, but the Constitution, the current Constitution clearly says state tax dollars should makeup 50 percent of the cost of public K-12 education and we hover around the 35 or 36 percent mark. For four (4) years I have refilled, basically, the 1992 Amendment, which has never been allowed out of Rules. I have that on the Calendar, on the Order of Motion to Discharge. I've also filed a Constitutional Amendment for the last three (3) years modeled after what the State of Iowa does on re-apportionment. The Iowa law gives the General Assembly a period of time to re-apportion and then if they don't or can't or won't agree, it goes to a nonpartisan commission, and because of computer technology the data is fed into that computer and the map is drawn by 09500070.doc 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 the nonpartisan commission. So, while I have great respect and have often supported and voted with the Majority Leader on some issues, in all due respect, many times those of us who do file a Constitutional Amendment seeking fundamental change in questions that are extremely controversial and tied up often in regionalism and other factions, we've not had great success in the last few years getting these Constitutional Amendments released from Rules, debate on the floor, I'm not saying that either one of my Constitutional Amendments is the end all and be all, but they're not even allowed to be debated, not even sent to committee, not even released from Rules. And I've had those on the discharge Calendar for many months but I am not going to persist in that. I know I'm not going to get unanimous consent. But I think the frustration that many of us feel is that we do try, within the current structure of the Illinois Constitution to offer Amendments, to change fundamental procedures and let the people vote on those fundamental changes. We are often stymied because the Constitutional Amendment cannot get the requisite number of votes to be passed from the… from the Rules Committee. And that's the current system under which we operate. Again, I think it's time to let the people have some input in this fast-changing society, thirty-eight (38) years is almost a lifetime and I think there are ideas out there we should embrace. There will be some ideas we won't like. But I think the people have probably seen and read and heard enough in the last few years that they would come together with some good ideas to maybe streamline government, make it more efficient and give 09500070.doc 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 them a little more ability to impact the process. And I don't see anything that we should fear from that and I just simply wanted to rise because many of us have tried by filing Constitutional Amendments to change how we do certain things, but we aren't given the opportunity to advance that concept or that idea. And I think that's wrong. So again, I've asked to be a cosponsor of Representative Fritchey's Resolution and I again urge an 'aye' vote."
"Representative Bassi."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he'll yield."
"I… I would echo what Representative Black has been saying. In that I, too, have had issues that were Constitutional Convention changes and requests to put something on the ballot that have been in Rules almost since I came down to the General Assembly. And in fact, Representative Lyons and I had cosponsored similar amendment to the one Representative Black was talking about on the redistricting issue, and we were told that we were being saved from ourselves and that our Bill would never see the light of day. So, I rise in strong support of the Gentleman's Resolution and would also like to be a co- sponsor, if I may. Thank you very much."
"Representative Miller."
"Thank you, Mr. Speaker. I support the Gentleman's Resolution based on a lot of things that were said previously. When we look trying to change things for the betterment of the state of government, when we have to openly and honestly look at it. And I think some of the 09500070.doc 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 comments I've heard from Members on both sides of this aisle, is that within thirty-seven (37) years, things have changed. The laptops weren't here thirty-seven (37) years ago. The technologies that are in our pockets from cell phones aren't here a year ago. Our… our education system has changed and… and has lot more complexities than was thirty-seven (37) years ago. And so when we look at a fact, any of us, where were we thirty-seven (37) years ago, some Members in this chamber weren't even born thirty-seven (37) years ago. So we have to look at… so we have to look at trying to really structurally do something and for whatever reasons because of the Leadership in the House, Senate whatever, we're not interested in trying to point fingers at each other, but trying to provide palatable solutions to our current day problems. I would ask everybody's support for this Resolution."
"Representative Rose."
"Thank you. Will the Gentleman yield for a couple of questions?"
"Indicates he'll yield."
"Representative, I understand… if I understand this correctly, this is not the enabling language for the Amendment itself. And I think, just listening to this debate, there's been some confusion. That will happen independently because it has more than twenty (20) years since the last question."
"The… the enabling language, and thank you for re- clarifying that, Representative. The enabling language 09500070.doc 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 exists in our Constitution. This question will be on the ballot."
"Right. So your Amendment or your Resolution merely urges the voters to vote 'yes', or support."
"The… the Resolution is intended to do two things, and let me read at the end of it, it says that we urge the support of the electorate on the question of whether a Constitutional Convention should be called, and the second thing that it says and encouraged the electore's attention to this initiative. Listen, some people, as you've heard, and we've had some very intelligent people speak on this issue. Some people support it, some people don't. That's fine, I want those arguments to be made. I want people to be aware that perhaps the most important question they voted on in the last twenty (20) years of going to their polling place, is going to be on the ballot next year. I want them to understand what the ramifications are about that question, pro or con."
"And John, I don't have a problem with that. My… the essence of my problem is when we urge them to support, that's a very… intrinsically, this is an issue for the voters of Illinois to decide. Intrinsically, it's their decision, not ours. I don't believe that it's our place to encourage or discourage, because it's their decision. I understand your point about urging them, you know, some sort of awareness campaign. I get that, which is the second part of your Resolution. But as far as encouraging, this is their decision, not ours." 09500070.doc 40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007
"Representative Rose, we have countless Resolutions. We encourage the voters to do things, we encourage Congress to do things, we encourage the world to do things. We do that all the time. I've worn… I've worn my feelings on this issue on my sleeve and on this Resolution."
“I understand that."
“I believe that it's a healthy process. I believe that we should encourage people to call for a Constitutional Convention… look, read the papers, read the papers by you read the papers by me, read the papers in Carbondale…"
“I agree, Representative. This is their decision."
“…in Rockford. People are not happy… people are not happy with this State of Illinois government right now."
"I agree. Representative Fritchey, I only have a short time left here, and I guess to the Bill, Mr. Speaker. Again, I think that it's not our place to encourage the voters one way or the other. This is their decision, intrinsically it's their decision. And first of all, let me thank John for this debate. Frankly, in the last month this has been the most interesting, philosophical debate we have had on this House Floor. But and everyone who has stood up and spoken today has a position that they're true to and as Representative Fritchey said wears on their sleeve. Again though, my position is simply that this is the voter's decision, not ours. We should not… they should pass on us, not us push one side or the other on them. So, thank you."
"Representative Fortner."
"Thank you, Mr. Speaker, Members of the House. Will the Sponsor yield?" 09500070.doc 41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007
"Indicates he'll yield."
"Again, I would also like to make sure everyone is clear on exactly what this process is and what it's not. As I understand it, what the Constitution provides for is in fact, what could be as many as three (3) opportunities for the voters to weigh in. First of all, on deciding whether or not there should be a convention, which is what this Resolution urges. Then, should that pass, the voters are then entitled to select, two for every district, as we heard from another person who rose in support. People who would represent them, a Body of one hundred and eighteen (118). And then finally, there would be a final vote, if needed, on any or all different Motions, questions that we put to the entire State of Illinois as to whether or not there should be specific Amendments. And again… so my question to Representative Fritchey, isn't it the case that this Constitutional Convention could, in fact, decide that the Constitution is really in good shape? They could make that the decision and put no questions forward. Right?"
"Representative Fritchey."
"Thank you. That's… that's entirely correct. The Majority Leader had stated that she thought the Constitution is a fine document. It may well be, and in fact, to the extent that she is right, then I would expect to see minimal changes come out of that. But any fine document should be able to withstand the scrutiny of the people for whom it was created."
"I… I completely agree with that. I think that's certainly what I would anticipate that the strong parts of 09500070.doc 42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 the document, the convention would not find the need to make changes. But where there are substantial areas, they may want to look at that and propose questions, questions that would then go back to the voters of the State of Illinois, to decide whether or not those were elected to the convention had it right, and whether or not those were changes that needed to be made. To the Bill. I think I want to echo a lot of what Mr. Black has said in his comments, and also again, reiterate what Representative Fritchey said. Many times we stand up and we urge the people of Illinois to take action, on various things. We urge the Congress, we urge the Senate and if this is a sense of this Body, the public gets very frustrated when they see things they think are important that gets stalled. This is a chance for us to be positive working with the people. Let's think about some of the ethics reforms that we've put forth by unanimous vote. That then get stalled and go nowhere. Those are the things that frustrate Illinois, they frustrate the voters, this is a chance to say, we want to see the voters take a positive action that could do things to improve the State of Illinois going forward. Should they decide to do nothing? That's a choice. I would also note that, though, I am a new Member, I see that there are 23 Constitutional Amendments that have been filed. I don't recall having a chance to debate on those. So, that tells me that maybe there is a role for a convention to perhaps look at some of those questions, if they are worthy of debate statewide. Let's put those questions forward, but that's a question that can only happen if the voters of 09500070.doc 43 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 Illinois choose, through their use of the ballot, to create a Constitutional Convention, a question that will be on the ballot in November of 2008. I would strongly urge an 'aye' vote."
Speaker Hannig: "Any further discussion? Representative Fritchey to close."
"Let me sincerely thank everybody for among the more substantive debate we've had this year. Ladies and Gentlemen, almost every piece of legislation that we file in furtherance of an agenda that we have. This isn't a furtherance of an agenda that I have, other than to trust the public. A Constitutional Convention could well result in ideas that I like. I'm also well aware that it could result in ideas that I don't favor. Constitutional Convention is not about me, it's not about any of you, it's about the process, it's about the people of Illinois. I love this process, I respect it to my dying day. I love everything that we do here. This is about putting the control back in the hands of the people. Why are there opponents to this Bill? There are many special interests down here that are afraid of the people having their say through the delegate process with all the safeguards, they are afraid of what could happen when the process as it's been in operation for all these years, is opened up again to scrutiny. This gives the public a chance to say let's look at what we have. What's working, what's not working. Do we have an opportunity for Constitutional Amendments? We do, but as Representative Fortner said, have we seen any of those go anywhere? No, we haven't. Is this about House 09500070.doc 44 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 Bill 1, paid to play? Sure it is. Is it about education funding reform? Sure it is. Is it about gun control? Sure it is. Is it about gun owners' rights? Sure it is. It's about all of that. It's about everything that you care about, everything that you're for, everything that you are against. It's about putting a room full of people in here that are going to put policy and intellect over election cycles, over politics, over campaign funding, over any of the things that have gridlocked us so many times, as we sit here on June 7, 2007, and we find ourselves deadlocked over the same issues that we were deadlocked over in 2002, in 1997, in 1987, in 1977. We have not been able to get the job done on certain things despite the best efforts of many to us and our predecessors. Do not fear letting the process work as it did. The Constitution required that this question be before the voters every twenty (20) years, because it foresaw the need that any document, no matter how grand, no matter how sturdy, should be open to review by the public and by the people that it was intended to serve. This says let the public weigh in, let the public be aware that this question is going to be on the ballot. Let the public decide if this state is on the right track on the most fundamental level, at the Constitutional level. Whether you are for or against any concept that may be addressed at the Constitutional Convention is not the question. Again, it is not about me or you. It's about the twelve million (12,000,000) million people that send us here. I request an 'aye' vote. Thank you." 09500070.doc 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007
"There's been a request for a Roll Call vote on this motion or on this Resolution. So the question is, 'Shall the House adopt House Resolution 25?' All in favor vote 'aye'; opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 48 voting 'yes' and 47 voting 'no'. And the Resolution is adopted. Representative Osterman, you're recognized on House Resolution 76."
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Resolution 76 deals with the Illinois Health Survey Task Force. This Resolution passed last year. The members were not appointed. The goal of this legislation is to look at the potential of bringing the people together to do an Illinois Health survey, which is done in some other states to assess some of the issues related to health, and I ask for an 'aye' vote."
"The Gentleman has moved for the adoption of House Resolution 76. Is there any discussion? Then… then the question is, 'Shall the Resolution be adopted?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 97 voting 'yes' and 0 voting 'no'. And the Resolution is adopted. Representative Ryg on House Resolution 113."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Resolution 113 talks about the children's mental 09500070.doc 46 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 health partnership. Illinois Children's Mental Health Act envisions a comprehensive coordinated children's mental health system made up of prevention, early intervention and treatment for children from birth to age eighteen (18) that would engage families and caregivers, and build on and integrate with existing systems. Currently, one (1) in ten (10) children in Illinois suffers from a mental illness severe enough to cause some level of impairment. Yet, in any given year, only 20 percent of these children receive mental health services. This Resolution urges the continued appropriation of the current five million dollars ($5,000.000) in the State Board of Education and the Department of Human Services budgets and an additional fifteen million (15,000,000) for implementation of these vital cost-saving services. I thank all my colleagues who have already signed on to support this initiative and urge others to do the same."
"Is there any discussion? Then the question is, 'Shall the Resolution be adopted?' All in favor say 'aye'; opposed 'nay'. The 'ayes' have it, and the Resolution is adopted. So, Mr. Clerk, read the Agreed Resolutions."
"Agreed Resolutions. House Resolutions 518 and 519, offered by Representative Reitz."
"Representative Currie moves for the adoption of the Agreed Resolutions. All in favor say 'aye'; opposed 'nay'. The 'ayes" have it. The Agreed Resolutions are adopted. Are there any announcements? Okay, then allowing for perfunctory time for the Clerk, Representative Currie moves that the House stands adjourned until Tuesday, June 09500070.doc 47 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day 6/7/2007 12, at the hour of 2:00 p.m. Tuesday, June 12, 2:00 p.m. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. The Motion is adopted and the House stands adjourned." 09500070.doc 48