"The hour of 12:00 having arrived, the House will be in order. Members will please be in their seats. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and pagers and to rise for the invocation and for the Pledge of Allegiance. We shall be led in prayer today by Reverend Bill Schell, who's the pastor of Washington Avenue Baptist Church in Johnston City. Reverend Schell is the guest of Representative Bradley."
"Shall we pray. Today, Oh God, we acknowledge Your greatness. We know that You have turned Your attention to us by watching over us and by directing us by helping us, for this we are very grateful. Today, Oh God, we stand before You with many needs. Our country and our state is at near crisis level. There's much confusion and turmoil and we need direction. It seems, Oh Lord, the people are in need, need of employment, of housing, of health care and many are struggling, Lord, just to survive and we need for a way to be made to meet these many needs. Help, I pray, to recognize what we as individuals can do to help ease the pain and help meet the needs of our fellow man. Challenge today and encourage us, I pray, to become willing to do our part. Help us not to wait for someone else to do, but instead let us, Oh Lord, become doers. These, Oh God, that we unite with today have many important tasks before them and I pray You would make them wise. May they be able to clearly evaluate the decisions they must make and may they choose rightly and equally for all. Help these today that we unite with to keep focused and remain 09600014.doc 1 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 faithful to their duties even in the face of temptations and personal opportunities, may they not compromise right. We recognize these individuals have a difficult job and we know they often face controversies and persecution, give them, Oh Lord, strength and make them strong, I pray. May these come together with a spirit of cooperation and may these come together with ideas and solution to the needs of this state and country. May they willingly receive good counsel and seek sound input in all they do. We ask, Oh God, not only for your guidance and protection but for Your blessings as well. As this Session opens today, bless the work, Oh God, that is prepared and accomplished through these hallow walls. In Thou most holy name we pray and ask, Amen."
"Representative Mell, will you lead us in the Pledge."
"I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
Speaker Hannig: "Roll Call for Attendance. Representative Currie."
"Thank you, Speaker. Please let the record show that Representative Phelps is excused today."
"And Representative Bost."
"Thank you, Mr. Speaker. Let the record reflect that Representative Mathias is excused today."
"Representative Bost." 09600014.doc 2 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009
"Thank you, Mr. Speaker. We also need Rep… Representative Brady to be excused, as well."
"Mr. Clerk, take the record. There are 114 Members answering the Roll Call, a quorum is present. Mr. Clerk, you want to read the Committee Reports."
"Introduction of Resolutions. House Resolution 81, offered by Representative Bost. House Joint Resolution 13, offered by Representative Jerry Mitchell. House Joint Resolution 14, offered by Representative Joyce. And House Joint Resolution 15, offered by Representative Arroyo. These Resolutions are referred to the House Rules Committee. Committee Reports. Representative Smith, Chairperson from the Committee on Elementary & Secondary Education, to which the following measure/s was/were referred, action taken on February 19, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' for House Bills 363, House Bill 473, House Bill 557, 605, and 737; 'do pass as amended Short Debate' for House Bills 33, 80, and 281. Representative Burke, Chairperson from the Committee on Executive, to which the following measure/s was/were referred, action taken on February 19, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' for House Bills 470, 483, 569, and 743; 'do pass as amended Short Debate' for House Bills 418, 618 and 726. Representative Jakobsson, Chairperson from the Committee on Human Services, to which the following measure/s was/were referred, action taken on February 19, 2009, reported the same back with the following recommendation/s: 'do pass 09600014.doc 3 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 Short Debate' for House Bills 388, House Bill 404, House Bill 415, House Bill House Bill 488 and House Bill 818; 'do pass Standard Debate' for House Bill 90; 'recommends be adopted' House Bill as amended House Resolution 33. Representative D'Amico, Chairperson from the Committee on Vehicles & Safety, to which the following measure/s was/were referred, action taken on February 19, 2009, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' for House Bill 73; 'do pass Short Debate' for House Bill 370. Representative Reitz, Chairperson from the Committee on Health Care Licenses, to which the following measure/s was/were referred, action taken on February 19, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' for House Bills 496, 546, and 615 as well as House Bill 805. Representative Bradley, Chairperson from the Committee on Judiciary I - Civil Law, to which the following measure/s was/were referred, action taken on February 19, 2009, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' House Bill for House Bills 153 and 773; 'do pass Short Debate' for House Bills 214 and 688. Representative Froehlich, Chairperson from the Committee on Cities & Villages, to which the following measure/s was/were referred, action taken on February 18, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' for House Bills 587, 656, and 771. Representative Flowers, Chairperson from the Committee on Health Care Availability and Access, to which the following 09600014.doc 4 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 measure/s was/were referred, action taken on February 18, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' for House Bills 9 and 342. Representative Brosnahan, Chairperson from the Committee on Financial Institutions, to which the following measure/s was/were referred, action taken on February 18, 2009, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' for House Bill 348. Representative Phelps, Chairperson from the Committee on Agriculture & Conservation, to which the following measure/s was/were referred, action taken on February 18, 2009, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' House Bill 467; 'do pass Short Debate' for House Bills 26, 36, 78, 171, 172, 229, 234, 245, and 462. Representative Davis, Chairperson from the Committee on Insurance, to which the following measure/s was/were referred, action taken on February 18, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' for House Bill 394 and House Bill 812; 'do pass as amended Short Debate' for House Bill 244. Representative Beiser, Chairperson from the Committee on Transportation, Regulation, Roads & Bridges, to which the following measure/s was/were referred, action taken on February 18, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' for House Bills 457, 641 and 797. Representative Collins, Chairperson from the Committee on Public Utilities, to which the following measure/s was/were referred, action 09600014.doc 5 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 taken on February 18, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' for House Bill 791."
"Representative Tracy, for what reason do you rise?"
"Thank you, Mr. Speaker. A point of personal privilege."
"State your point."
"Today, Ladies and Gentlemen of the House, we have some special guests. We have the Lady Knights of the Ashland- Chandlerville-Central Virginia High School who are the Class 1A State Volleyball Championship. Please give me… help me give them a warm welcome, these wonderful young ladies. And if I might, I would like to tell you a little bit about what it's like to play sports in the rural areas. These ladies represent three communities that are located 30 miles apart. To go to practice from one school requires that you drive 30 miles one way for practice, all that while being a high school student. These ladies compiled a 34-8 record. They were the first team ever in their… either of the high schools' history to go to a state tournament. So, we salute these ladies and I'd like the coach to raise their hand and the assistant coach. I think they showed that we have a very bright and promising future. Thank you, Lady Knights. Congratulations."
"Representative Durkin, for what reason do you rise?"
"Thank you, Mr. Speaker. If you don't mind, I would… I have an inquiry of the Majority Leader, if the Majority 09600014.doc 6 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 Leader would entertain a question. Well, I can direct it to you, Mr. Speaker. It's very simple. We made a request yesterday, a lengthy request, to the Majority Leader about information regarding conversations that took place with the attorney from Senator Burris, it went back into January. We asked for a very exhaustive list of information and my question is, when would that report be forthcoming? I was under the assumption I may have re… I would have received it by the end of yesterday's… the close of yesterday. I would just like to get an indication when I will get a response to that request and…"
Speaker Hannig: "Representative, when the Majority Leader returns, I'll let you ask her that question. But I do not know the answer. We're going to go on the Order of House Bills-Third Reading. Excuse me. Representative Pritchard, do you have a reason to rise?"
"Yes. Mr. Speaker, I rise for a point of personal privilege."
"State your point."
"Ladies and Gentlemen of the House, we have with us today a Page from my district who is here as an honor. You know, we all do different things in our districts to commemorate the Lincoln birthday and anniversary and the Lincoln-Douglas debates that we were celebrating 150th anniversary. What I did in my district was to have an art contest and I asked all of the junior high and high school students to do different commemorations of the Lincoln- Douglas debates and to depict that in some artistic form. I have with me today Anthony Vash… Deutch, excuse me, from 09600014.doc 7 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 Sycamore Middle School, who drew this picture that's in front of my desk down here. And I might also add that today is his twelfth birthday. So, I would ask all of you to welcome our Page Anthony Deutch and to wish him a happy birthday."
"Representative Mitchell, for what reason do you rise?" Mitchell, B.: "Thank you, Mr. Speaker. A point of personal privilege."
"State your point." Mitchell, B.: "I would like my officemate up on six, this is his birthday today. I think, Representative Ron Stephens, so give everybody… give Representative Stephens a big happy birthday."
"On the Order of House Bills-Third Reading, page 3 of the Calendar, Representative Franks, you have House Bill 5. You want to return that to Second. Okay. So, Mr. Clerk, return that Bill to the Order of Second Reading at the request of the Sponsor. Representative Chapa LaVia, you have House Bill 14. Mr. Clerk, read the Bill."
"House Bill 14, a Bill for an Act concerning gaming. Third Reading of this House Bill."
"Representative Chapa LaVia."
"Thank you, Speakers and Members of the House. House Bill 14 amends the riverboat gambling Act by requiring certain fines imposed upon the riverboats to be shared with local governments. It was brought to me by the City of Aurora and Wayside Cross that deals with addicts, 09600014.doc 8 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 gambling addicts and their idea was, you know, if a certain boat in a certain district is going to be fined for doing something like soliciting to addicts that some of the money on the fine that the state gets should go back to that municipality and go to programs to help addicts, gaming addicts. So… gambling addicts. So, it's a really good piece of legislation. It puts money back into our communities to deal with the growing concerns and problems with gambling addiction. And I would take any questions and would please have your support. Thank you."
"This is on the Order of Short Debate. And in response, Representative Eddy."
"Thank you, Speaker. Will the Sponsor yield?"
"Indicates she'll yield."
"Representative, at the present time where does the fine revenue go? Does it go in general revenue?"
"I spoke with the gaming… representatives from the Gaming Board and I also spoke with one of our Leaders over here about this. It goes back to the state and it goes into educational fund for gaming. And what that means is it just goes into general appropriation money for the state and it pays out fines and with the money they do get from the complaints."
"Does it go into a dedicated fund now for gaming education? Is that… is that where the money goes now?"
"Yeah. It would be… Well, it's general. They put it as education, Representative Eddy, but it kind of goes to pay other bills. You know, it's an interesting animal." 09600014.doc 9 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009
"Is it specifically deposited in the education assistance fund?"
Chapa LaVia: "Right. It does, but it's consetered… it's considered a general fund. That's what I would say… I was getting to, but it does go into that… the fund that you're men…"
"So… so, the money goes into the education assistance fund and currently, what types of activities do those funds support and do we… and the second part of that is…"
"Yes. General state aid to the schools."
"Okay."
"And the fine itself is 15 percent of the money that comes back to the state."
"So, where does the… Okay. Fifty percent of the current fine goes to the state to go into the education assistance…"
"No, I'm sorry. Let's go back, okay. So, the… all the fine comes to the state and then it goes to the educational and then it goes into special programs, if you will, but all of the money comes to the state right now. What this would do is take 15 percent of the fine that is imposed on the riverboat to go back into the community, to go to non for profits, so they can serve the addict… gaming addicts."
"How much revenue estimate do you have that over… over fines over past years is collected and put into this fund on an annual basis?"
"Well… Yeah. Every year it varies upon the fines. Well, a case in point. Hollywood Casino in Aurora, 09600014.doc 10 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 the board imposed a fine of $800 thousand on the casino on their offense and House Bill 14, had it been law at the time, 120 thousand of that fine would have been distributed to Aurora to use to give back into like a Wayside Cross or a Lifespring's ministry to help with their programs as far as addiction."
"Okay. So, I… I don't know what the average is or how much we're talking about over the past five years on an average, but… but basically, what your Bill does is where now all of the fine money goes to the state for various purposes, one of those being education assistance fund, we would be reducing the amount of the total fines that would go into the state coffers in favor of keeping those locally, you're defining what it could be used for locally. But is this in effect then, reducing the amount of… of revenue that we have for statewide programs?"
"It could and it could not, given on the given year, I mean, we could have no fines in a given year or we could have fines in a given year. So, it's very… it's a hypothetical. Yes, it would remove some funds."
"Okay."
"But you know…"
"So, if there's no fines, there's nothing to remove."
"Right."
"Last year we had an $800 thousand fine. So, in that instance though, of the $800 thousand that went into the state coffers, 15 percent of that would have gone to the community."
"The city… the City of Aurora in this case." 09600014.doc 11 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009
"Okay."
"The City of Aurora and they could distribute it to those not-for-profits that deal with those that are certified through the state to deal with those at the addict."
"Okay. I appreciate the answers. To the Bill, Mr. Speaker, very quickly. Ladies and Gentlemen of the House, understand that the Representative has obviously a proposal that's going to benefit places that happen to have riverboat casinos. There are those who might feel that those locations have already received some local advantage economically because of the placement of that boat. The money that is currently being shared by everyone in the state could, in this instance, not be there as a result of the fine. So, I think you need to know that when you vote for this Bill. You have to vote your conscience on it, but I would be careful because this is a possible reduction in money for all of us in favor of those already blessed communities who have casinos. Thank you."
"Representative Chapa LaVia to close."
"Thank you. And I understand your issue, Eddy. You know, now that I'm on the appropriation… I'm the Appropriations Chair for Elementary and Secondary Ed, what I have to say to that, too, is that it isn't always money that we can count on. Okay. So, it's not the… the money that we are granting through the ISBE budget every year. So, this is money that sometime is there and sometime is not there. What the bigger picture in this state is, is that we keep on going to boats and lottery and everything 09600014.doc 12 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 and causing a huge issue within our communities on addiction to gaming to pay for education. So, I see it as a very consumer wise, friendly. All the gaming boats are onboard. They don't have an issue with this, if the money goes back into the communities, because it is a… a huge issue. And I'm sure some people on that side of the aisle would agree 'cause we complain about this as what are we doing as far as putting money into programs that deal with addiction. And this is one way the state can step forward and say, yeah, we're using gaming, but we're going to do something about of all the problems that we create. Last year, I think I heard the numbers that for every dollar that we get in the system for general revenue from gaming, we have to pay back $5 on programs to help these individuals deal with addiction. So, I think this is just a very comprehensible piece of legislation to help out in those issues in the state. And I would ask for an 'aye' vote. Thank you very much."
"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Franks and Sullivan, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 105 voting 'yes' and 7 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Arroyo, you have House Bill 43. Out of the record. Representative Brady's been 09600014.doc 13 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 excused. So, Representative Schmitz, you have House Bill 52. Mr. Clerk, read the Bill."
"House Bill 52, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Representative Schmitz."
"Thank you, Speaker. Ladies and Gentlemen of the House, House Bill 52 is actual cleanup language from last Session regarding veterans' license plates. The way this… we received this language from the Secretary of State is we're trying to allow veterans who apply for disability plates to meet the same standards that a disabled person would. As getting a signed note from a doctor and making sure that their disability is related to their service in the United States Armed Forces. So, with that, I'd be happy to answer any questions."
"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Sullivan, Ryg, Poe, Mulligan, Brauer, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 59."
"House Bill 59, a Bill for an Act concerning human rights. Third Reading of this House Bill."
"The Lady from Cook, Representative Currie." 09600014.doc 14 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009
"Thank you, Speaker and Members of the House. This is a technical clean up for the Illinois Human Rights Commission. Standardizes time periods for appeal, establishes that all people before the commission would have the option of… of proceeding either in the commission or the Circuit Court, if the department issues an order of default or dismissal, clarifies which standards apply to cases depending upon when they were filed. I'd be happy to answer your questions and I'd appreciate your support."
"This is on Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Ford, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Lyons, you have House Bill 68. Read the Bill, Mr. Clerk."
"House Bill 68, a Bill for an Act concerning regulation. Third Reading of this House Bill."
Speaker Hannig: "The Gentleman from Cook, Representative Lyons."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 68 amends the Assisted Living and Shared Housing Act established that any physician including chiropractors may provide their services in the… in the facilities covered under the Act. So, it just clarifies that chiropractors are included to be able to do their work 09600014.doc 15 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 per their license in assisted facility… in assisted living facilities. I'd be happy to answer any questions."
"This is on Short Debate. Does anyone stand in response? The Gentleman from Kane, Representative Schmitz."
"Thank you, Speaker. Just a point, I guess, right now, nothing to the Bill this second. We're having a computer issue on our side. It's us. It's us. Okay. Speaker, we're going to have to figure out what's going on with our computers. And I'm sorry about that."
"The question is, 'Shall this Bill pass?' All in favor vote… Excuse me. Okay. So, Representative Eddy."
"Mr. Speaker, I think we're having some trouble getting the analysis up on the computers on this side. I wondered if we could see if we could get the computer system up so our Members on our side could read the analysis on the new system. It's a great new system, when it works. Could we just have a couple minutes to see if they could reboot in case there are any questions?"
"Why don't we take a few minutes and I think Representative Gordon… Representative Jehan Gordon, Jehan Gordon. Representative Gordon, why don't you take this time, while the Republicans are rebooting their computers and I think you were going to make a presentation for Black History Month. Why don't you do that at this time. So, we'll take the Bill out of the record for the moment. And Representative Gordon is recognized." 09600014.doc 16 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 Gordon, J.: "Thank you, Mr. Speaker. A point of personal privilege. Jean Baptiste du Sable was an entrepreneur who was recognized in 1968 as being the father of Chicago, Illinois. Jean Baptiste du Sable was the son of a French sea captain and an African-born ex-slave. He was born around 1745 in Haiti. His father sent him to France to be educated where he learned to speak English, Spanish and French. When he returned from France, he went to work on his father's ships. When du Sable was about 20, he undertook a voyage to New Orleans. The vessel sank and Du Sable was injured. When he arrived in New Orleans without his identification papers, he discovered the port had been taken over by Spanish government. He was in danger of being captured and sold as a slave, but was rescued by a French Jesuit priest who protected him until he was well enough to travel again. He traveled up the Mississippi River to the St. Louis area, then settled in a frontier area near what is now Peoria, Illinois. Du Sable and his Indian wife prospered financially and eventually owned over 800 acres of land in the Peoria area. In the late 1770s, Du Sable headed north to explore the region near the… near the shores of the Great Lakes where he saw potential in a marshy area which had been passed over by previous European explorers. Whites in the area had been fearful of attacks from hostile Native Americans. Du Sable, however, got along with various Indian tribes and he knew several of their languages. He stayed and built a five-room house, the permanent structure… the first permanent structure in Chicago. Du Sable established a trading post which grew in 09600014.doc 17 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 success, becoming well-known all around the Great Lakes region. The trading post became the main supply source for fur trappers, traders and Indians in that area which is now downtown Chicago. In 1784, he brought his wife and his children to live with him in Chicago. Du Sable's granddaughter was born in 1796. She was the first baby born in Chicago. For unknown reasons in 1800, Du Sable sold his property in the Chicago area for $1200 and moved to Missouri to live with some of his children and his grandchildren. He died in 1818. He was buried in a Catholic cemetery in St. Charles, Missouri. And Representative Monique Davis said that Mr. du Sable has relatives who are visiting Springfield right now, today, at our Capitol. Thank you."
Speaker Hannig: "Thank you, Representative Gordon. Let's return to the Order of House Bill 68. And I'm advised by the Republican side that the computers are now up and running. Representative Lyons, why don't you give us a one-sentence summary and then we'll vote on the Bill."
"Fine. Mr. Speaker, again, on this Bill it just clarifies language under the Assisted Living and the Shared Housing Act. It would allow chiropractors to perform their licensed duties at those facilities. It's very clear and forthright."
"Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The 'ayes'… 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 09600014.doc 18 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 who wish? Have all voted who wish? Representative Wait, McGuire, Berrios, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 112 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Cole, you have House Bill 77. Mr. Clerk, read the Bill."
"House Bill 77, a Bill for an Act concerning government. Third Reading of this House Bill."
"Representative Cole."
"Thank you, Mr. Speaker. House Bill 77 amends the Flag Display Act. It requires that the U.S. national flag and the Illinois state flag be displayed at half-staff when an Illinois firefighter is killed in the line of duty."
"This is on the Order of Short Debate. Does anyone stand in response? The Gentleman from Bond, Representative Stephens."
"Just to make sure that the Members are paying attention. This is something that… that veterans' groups in general would support. We… I specifically support it. It is only appropriate."
"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Ford. Mr. Clerk, read House Bill 155." 09600014.doc 19 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009
"House Bill 155, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"The Gentleman from Cook, Representative Ford."
"Thank you, Mr. Speaker and Members of the House. House Bill 155 simply prohibits a condo association from exercising any right of refusal, option to purchase, or right to disapprove to sell on the basis that the purchaser's financing is guaranteed by the Federal Housing Authority. The Bill is agreed and at this time, there are no opponents. There's no opposition. And I ask for a favorable vote. Thank you."
"This is on Short Debate. Does anyone stand in response? The Gentleman from Cook, Representative Osterman."
"Just a question of the Representative."
"Indicates he'll yield."
"Will the Sponsor yield?"
"Indicates he'll yield."
"So, Representative Ford, this would prohibit condominium associations from refusing to sell a condominium based on what provision again?"
"Based on FHA financing."
"It's okay."
"It's limited to only the FHA financing."
"Okay. So, as far as the… in the past, a lot of times, there's been the right of first refusal regarding the potential rental of a unit. That's no longer in the Bill. It's just on the financing side."
"That's correct." 09600014.doc 20 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009
"Okay. With that, I urge an 'aye' vote."
"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Sacia, McAuliffe, do you wish to be recorded? Mr. Clerk, take the record. on this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Pritchard, you have House Bill 156. Out of the record. Representative Leitch, you have House Bill 204. Mr. Clerk, read the Bill."
"House Bill 204, a Bill for an Act concerning public aid. Third Reading of this House Bill."
Speaker Hannig: "The Gentleman from Peoria, Representative Leitch."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. This Bill is a Bill that passed unanimously here last year but got hung up in the Senate. The Bill provides that for advanced practice nurses in psychiatry to become the law of the Illinois land. We've tried a number of times and it's always gotten hung up for reasons I don't understand. But in any event, with only 5 thousand child psychiatrists in the United States, it is urgent that we pass this Bill and begin to provide more and more services to people who need the most help. I would ask for your support. Thank you."
"This is on Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' 09600014.doc 21 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Rose, Jakobsson, Burns, Beaubien, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 111 voting 'yes' and 1 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Rose, you have House Bill 228. Mr. Clerk, read the Bill."
"House Bill 228, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"The Gentleman from Champaign, Representative Rose."
"Thank you. This Bill simply would extend the license plates… specialty plate law to soil and water conservation districts. It's my understanding that the terms of this are similar to other license plate laws that we've had like this in the past. And would simply ask for its favorable consideration. Thank you."
"This is on the Order of Short Debate. Does… does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Winters, Scully, and Hatcher, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 107 voting 'yes' and 6 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Ryg, you have 09600014.doc 22 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 House Bill 236. Out of the record. Representative Coulson, you have House Bill 286. Mr. Clerk, read the Bill."
"House Bill 286, a Bill for an Act concerning government. Third Reading of this House Bill."
"Representative Coulson."
"Thank you, Mr. Speaker. House Bill 286 is also a Bill that we passed unanimously out of the House last year. It is the Bill that basically amends the State Officials and Employees Ethics Act prohibiting a Constitutional Officer or Legislator from attaching their name or image to a billboard or electronic message board. And I would appreciate an 'aye' vote."
"This is on Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 325."
"House Bill 325, a Bill for an Act concerning education. Third Reading of this House Bill."
Speaker Hannig: "The Gentleman from DuPage, Representative Fortner."
"Thank you, Mr. Speaker, Members of the House. House Bill 325 is a technical correction to the School Code as it relates to board members and the role of treasurer in those 09600014.doc 23 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 districts where the treasurer is appointed by the board. Current law already provides that board members can be appointed to serve as treasurer as long as they are receiving no compensation, but the code does not anticipate what happens in the reverse case if the treasurer is standing for election for the school board. This language would correct that and make it work in both directions. And I would be open for any questions and ask for your vote."
"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. And Representative Lang, you have House Bill 344. Mr. Clerk, read the Bill."
"House Bill 344, a Bill for an Act concerning business. Third Reading of this House Bill."
"The Gentleman from Cook, Representative Lang."
"Thank you, Mr. Speaker. Ladies and Gentlemen, this Bill is the same as a Bill we passed last year that never got out of the Senate Rules Committee. It deals with the issue of retainage. Retainage is the amount of money a contractor must hold on to to protect… to make sure a construction job is completed. The current law requires that there be 10 percent retainage. Unfortunately, because 09600014.doc 24 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 of the economy, the profit margins in these large construction projects has been reduced to something in the range of 3 to 5 percent. This Bill simply lowers the retainage that must be kept by the contractors to 5 percent and then when the project is half completed to two and a half percent. Because the retainage has been at 10 percent, the profit plus the initial cost needs of the contractors have actually kept them from hiring employees because they haven't had enough cash available to hire them. This is a good Bill. It will help construction projects move along. And I would request your 'aye' votes."
"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mitchell, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 112 voting 'yes' and 1 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Colvin, you have House Bill 70. Read the Bill, Mr. Clerk."
"House Bill 70, a Bill for an Act concerning insurance. Third Reading of this House Bill."
Speaker Hannig: "The Gentleman from Cook, Representative Colvin."
"Thank you, Mr. Speaker, Ladies and Gentlemen. House Bill 70 is an issue that we dealt with here in the General 09600014.doc 25 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 Assembly that remains unchanged from last year where it passed out of the House unanimously. It simply deals with the training provisions that are provided by the Department of Insurance. It does a number of things with respect to training. House Bill 70 increases the minimum number of hours required for prelicensing, a course for… a course of study of each class of insurance by five hours, the hours required would be 20 hours for life, 20 for accident and health, 20 for fire and 20 for casualty and 20 for personal and for motor vehicle twelve and a half hours. This is agreed language with the department and also with the… the Illinois Insurance Producers here in the State of Illinois. There's no known opposition. Be happy to answer any questions."
"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Rita, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Pritchard on House Bill 156. Mr. Clerk, read the Bill."
"House Bill 156, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Representative Pritchard." 09600014.doc 26 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I know there's something that we never do and that's speed in a school zone, but some people do. And there are fines for that and those fines have traditionally been used for such things as signage within that school zone. What we're trying to do here is get more flexibility to the local school district to spend those dollars for other things, such as safe routes to school that might improve sidewalks, it might improve bike paths, increase the physical activity of students by using fine money in more flexible ways. I would ask your support on this Bill to give local school districts more flexibility with no additional fines imposed upon the violators."
"This is on the Order of Short Debate. Does anyone stand in response? The Gentleman from Vermilion, Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Indicates he'll yield."
"Representative, just a point of clarification. I'm following along on the laptop and it's very hard to hear in here. I know that would shock you. But are we increasing the fine?"
"No. There is… there is no increase. There's a $50 fee that is tacked on to speeding within a school zone that is given to schools to use to protect students in that area." 09600014.doc 27 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009
"Okay. So, there's no increase in the fine, you are just allowing the money to be used for more purposes than the current law allows?"
"Correct."
"Okay. Fine. Thank you very much."
"Is there any… any further discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Leitch, Graham, Flowers, Bost, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 112 voting 'yes' and 1 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 5 of the Calendar, we have three Motions in writing. Representative Bellock moves that House Bill 279 be tabled. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. The Motion is adopted. And House Bill 279 is tabled. Representative Monique Davis moves that House Bill 421 be tabled. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. The Motion is adopted. And House Bill 421 is tabled. And Representative Ford moves that House Bill 434 be tabled. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. The Motion is adopted. And House Bill 434 is tabled. On page 2 of the Calendar, under the Order of House Bills-Second Reading, we're going to proceed down the Calendar. Representative Franks, you have House Bill 6. Do you wish us to read this on Second Reading? Out of the 09600014.doc 28 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 record. Representative Beiser on House Bill 10. Read the Bill, Mr. Clerk."
"House Bill 10, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. So, we're going to skip over House Bill 22. There's an Amendment in Rules. House Bill 35, Representative Tryon. Shall we read this Bill? Representative Tryon, what's your pleasure? Out of the record. Representative Moffitt on House Bill 39. Out of the record. Representative Brady is excused. Representative Holbrook on House Bill 61. Read the Bill, Mr. Clerk."
"House Bill 61, a Bill for an Act concerning local government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Representative… Representative D’Amico on House Bill 71. Out of the record. Representative Davis wishes us to read House Bill 164. Mr. Clerk, read the Bill."
"House Bill 164, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Lyons on 192. Read the Bill, Mr. Clerk." 09600014.doc 29 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009
"House Bill 192, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
Speaker Hannig: "Third Reading. Representative Mautino on House Bill 211. Representative Mautino. Out of the record. Representative Gordon, Careen Gordon on House Bill 224. Read the Bill, Mr. Clerk."
"House Bill 224, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Tracy on House Bill 237. Shall we read the Bill, Representative, on Second? Out of the record. Representative Hoffman on House Bill 270. Shall we read this? Out of the record. On page 3 of the Calendar, at the top of the page, is House Bill 278. Representative Bellock. Read the Bill… read the Bill, Mr. Clerk."
"House Bill 278, a Bill for an Act concerning appropriations. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. And Representative Bellock on House Bill 282. Read the Bill, Mr. Clerk."
"House Bill 282, a Bill for an Act concerning police. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed." 09600014.doc 30 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009
"Third Reading. And Representative Pritchard on House Bill 337. Representative Pritchard. Out of the record. Representative Holbrook on House Bill 347. Mr. Clerk, read the Bill."
"House Bill 347, a Bill for an Act concerning local government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Representative… Representative Mautino, do you wish us to read House Bill 211? 211 from Second to Third? Mr. Clerk, read the Bill."
"House Bill 211, a Bill for an Act concerning libraries. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Black, for what reason do you rise?"
"Thank you very much, Mr. Speaker. An inquiry of the Chair."
"State your inquiry."
"Could the Chair tell me the status of House Resolution 92 and House Resolution 93?"
"Mr. Clerk, could you advise Representative Black on the status of those Resolutions? I'm advised, Mr. Black, that the Resolutions have been filed with the Clerk, but have not yet been read into the record."
"Could the Clerk read those Resolutions in the record, please." 09600014.doc 31 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009
"Mr. Clerk, would you read in the Resolutions, please?"
"Introductions of Resolutions. House Resolution 92, offered by Representative Reboletti. House Resolution 93, offered by Representative Tracy. These Resolutions are referred to the House Rules Committee."
"Representative Black, for what reason do you rise?"
"Yes. Thank you very much, Mr. Speaker. I find it interesting that yesterday a Resolution filed by your side of the aisle was read into the record, sent to the Rules Committee and popped out to the floor in less time, less time than you made the decision whether to even read our Resolutions into the record. Now, it's just a… it never ceases to amaze me. Now, Mr. Speaker, under House Rule 18(g) I move for the discharge of House Resolution 92 from the House Rules Committee. Under Rule 54(a), subsection 2, all Motions are assigned Standard Debate status and I wish to debate my Motion. Upon the conclusion of the debate, I would ask for a recorded vote on the Motion to Discharge. That's pursuant to Rule 49 which clearly says that my vote shall be by record vote whenever five Representatives shall show so… so shall request. There are five Members on my side of the aisle making that request. Thank you, Mr. Speaker."
"Representative Currie, the Chairman of the Rules Committee."
"Thank you, Speaker. I object." 09600014.doc 32 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009
"So, Representative Black, the Rule required unanimous consent. Unanimous consent has not been granted. So, the Chair rules that the Motions fails."
"Well, I… I should say I'm shocked and appalled, but not really. It just shows your rhetoric is not matching your actions. Resolution… House Resolution 80, I believe, yesterday was handled in less than 30 seconds from filing to Rules Committee to directly to the floor. And then we get… we get played with like this. Yeah. It… I don't know. I wonder when your side of the aisle is going to start taking some action on what you said you were going to do, but you fail to do. At this point, Mr. Speaker, since I had asked for a debate status on my… on my Motion, I would like to yield… Excuse me. I would ask that I would yield the balance of my time to Representative Reboletti. It's his Resolution that… that I am requesting be discharged."
"Representative Reboletti."
"Thank you, Mr. Speaker. I wish we would have had an opportunity today to talk about this Resolution because it impacts 13 million residents of the State of Illinois, not only our constituents, it impacts the United States of America. We have a Senator who came in front of an impeachment committee, was not forthright, was not fully truthful and should have been, knowing in his capacity as an attorney, the chief law enforcement officer of the state, that he had an obligation and a duty to do so. So, now he is unable to discharge his duties faithfully because he cannot concentrate on a stimulus package, $1 trillion. 09600014.doc 33 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 We have housing bailouts at $75 billion. He needs to be focused on this, not to be focused on investigations by State's Attorneys Offices or by a Federal Governments. He needs to be focused on the business of the people of the State of Illinois. And so, I would urge all of my colleagues to join me in this Resolution to urge Senator Roland Burris to resign, to give an opportunity for a Special Election and let the people of Illinois choose our next U.S. Senator. So, I thank you, Mr. Speaker."
Speaker Hannig: "The Gentleman from Bond, Representative Stephens, for what reason do you rise?"
"Well, thank you, Mr. Speaker. My concentration was broken. I wonder why… why we're not hearing this Resolution."
"Representative, it was just assigned to the Rules Committee. The Rule requires that to discharge the Rules Committee, which is what Representative Black requested, requires unanimous consent. Representative…"
"Well, nobody will object to that."
Speaker Hannig: "…Representative Currie objected and so I ruled…"
"Are you sure?"
"Yes."
"Who was it, again?"
"Representative Currie, the Chairman of the Rules…"
"Representative Currie, the Majority Leader, I wonder why she would object."
"Well, she's within her rights to object." 09600014.doc 34 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009
"I wonder… I didn't hear her explanation, but maybe… just maybe it's because in the Resolution it says that whereas Roland Burris, the current junior Senator from the State of Illinois, has stated for the public record that he had contracts prior to the appointment as Senator and with key individuals connected with the former Illinois Governor Rod Blagojevich. And he had, during the course of these contract… contacts, made arrangements to take a key role in fundraising efforts for Rod Blagojevich. Maybe that's the reason. Maybe we got just a little bit more cover up by, of all people, the Majority Leader of the Illinois House. I am dismayed."
"Mr. Clerk… Oh, Representative Black, for what reason do you rise?"
"Yes. Thank you very much, Mr. Speaker. Under Rule 57(b), I move to appeal the ruling of the Chair and ask that there be a record vote on the Motion to Discharge from the Rules Committee House Resolution 92."
"The Gentleman is within his rights. And so the question is, 'Shall the Chair be sustained?' All those in favor of sustaining the Chair vote 'aye'; those 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 67 voting 'yes' and 46 voting 'no'. And the Chair is sustained. Mr. Clerk, read the Agreed Resolutions."
"Agreed Resolutions. House Resolution 77, offered by Representative Lang. House Resolution 78, offered by Representative Reitz. House Resolution 79, offered by 09600014.doc 35 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 Representative Coladipietro. House Resolution 82, offered by Representative Chapa LaVia. House Resolution 83, offered by Representative Dunkin. House Resolution 84, offered by Representative McGuire. And House Resolution 85, offered by Representative Stephens."
"Representative Currie moves for the adoption of the Agreed Resolutions. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. And the Agreed Resolutions are adopted. Representative Black, are you seeking recognition?"
"Yes. Mr. Speaker. Excuse me. Inquiry of the Chair."
"State your inquiry."
"Yes. Was House Resolution 93 on the Agreed Resolution list?"
"Mr. Clerk, could you advise Mr. Black as wa… as to the status of House Resolution 93."
"House Resolution 93 has been referred to the House Rules Committee."
"Oh. Well, I had high hopes. Well, Mr. Speaker, in the… in the spirit of reform and of transparency and in the spirit of the end of the secrecy that used to shroud this chamber in disgust and disappointment and frustration, in that spirit in this new atmosphere of reform of bipartisanship, I would move for the discharge of House Resolution 93 from the House Rules Committee. Under House Rule 54(a) subsection 2, all Motions are at least assigned Standard Debate status. I wish to debate my Motion. Upon conclusion of the debate, I ask for a recorded vote on the Motion to Discharge. I'm joined by five Members on my side 09600014.doc 36 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 of the aisle in requesting this procedure under the House Rules. Thank you, Mr. Speaker."
Speaker Hannig: "You've heard the Gentleman's Motion. Representative Currie."
"Thank you, Speaker. I object."
Speaker Hannig: "So, unanimous consent is not granted, Representative Black, and so the Motion fails."
"Mr. Speaker, I'm not deterred. I know somewhere that there is a reform movement that will envelope this chamber and all Members herein. I know it. I'm… I can… It's close. It isn't quite there yet, but in the Motion to… that I made, I ask to debate the Motion at this time. I would ask that the Chair recognize Representative Jil Tracy."
"Certainly. Representative Tracy."
"Thank you, Mr. Speaker. Today I filed House Resolution 93. This Body had a duty and we acted on it. As part of that duty, we had the testimony of our now Senator Roland Burris and in that committee hearing, it's now come to light through a various turn of events that perhaps we were not given accurate or detailed information as we requested in that committee of Senator Burris. As the previous speakers have… have already stated, we owe a duty to the 13 million people of the State of Illinois and to all of the United States to ask that the U.S. Ethics Commission act and investigate on this instance and that they do it as expeditiously as possible. We want to have a U.S. Senator who is credible and who is representing the people of this state and this country. And so, for that reason I have 09600014.doc 37 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 filed this Resolution. And I would ask all to join with me."
"Representative Schmitz, for what reason do you rise?"
"Thank you, Speaker. I would ask that House Resolution 93 be read into the record."
"Representative, it's in the Rules Committee at this time. Representative Black, for what reason do you rise?"
"Well, thank you very much, Mr. Speaker. I do thank the indulgence of the Chair for reading the Resolutions into the record. We certainly have done our best… certainly have done our best to try and get these Resolutions heard today. Ladies and Gentlemen, all we're doing is echoing Members of Congress, the Governor of the State of Illinois, the Chicago Tribune, other media outlets throughout the state in asking or seeking a clarification from Senator Burris. That's all the Resolution does. You've denied, once again, the Minority Party's rights to have this reported. You certainly took care of your Resolution yesterday, but you clearly have shown today that the Minority Party will not be accorded the same rights and privileges that you accord to yourselves. That's wrong. That's where… that's why we ended up where we've been for the last six years. You leave me no choice, but under House Rule 57(a) I move to appeal the ruling of the Chair and ask that a record vote on the Motion to Discharge from the House Rules Committee be taken at this time." 09600014.doc 38 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009
"The Gentleman's moved to appeal the ruling of the Chair. And on that question… Do you wish to speak to that Representative Mulligan or would you wish to speak later?"
"No. Yes, Mr. Speaker, I wish to speak. Representative Schmitz asked for the Rule (sic-House Resolution 93) to be read. Now, considering what happened those last couple of weeks, I don't even know if the Majority Leader read the Rule before she said that we couldn't vote on it and a lot of us are voting and you think your Members should not know what we're voting on whether we're arguing an issue that no one should know what's in the Rule that was proposed or what's in the writing that Representative Tracy proposed. I do not understand why we should not be informed of what we are voting on. Has the Majority rule gotten so great here that we don't even… we can vote and not even know what we're voting on. Yesterday when we argued this issue what the Leadership team did up there was they sat there and smirked. I call it the smirk of the Majority because you know if you sit there while we argue for awhile, you'll get away with it and that we will just go away, but we're not going to go away. I don't think the press is going away. I don't think the public is going away. I think we have a right to know at least what we're voting on and we can… Has this Body deteriorated that greatly that they can't even read what she was proposing, so that the people here know what they're voting on. You let everybody sit and talk; you let nobody know. Your people follow like 09600014.doc 39 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 lemmings and we all just go along with this. The rules of what's going on in the Illinois General Assembly are a joke around the country and around this state. I suggest that you read what we're voting on."
"Representative Stephens. So, the question is, 'Shall the Chair be sustained?' All those in favor of sustaining the Chair should vote 'aye'; those 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? Mr. Clerk, take the record. On this question, there are 67 voting 'yes', and 46 voting 'no'. And the Chair is sustained. Representative Collins, you're recognized for a Motion. Representative Collins."
"Thank you, Mr. Speaker. I would like to suspend the rules to have posting for Juvenile Justice Reform Committee. We're going to have a hearing. We want to have a hearing on Monday, the 23, at 1:00 at the Thompson Center to have people come in to study the Juvenile Justice Reform."
"Is there any objections? There being none, then leave is granted. The Lady's Motion is adopted. And the rule is suspended… the posting rule is suspended. Representative McAuliffe, for what reason do you rise?"
"The Committee on Veterans Affairs will be canceled tomorrow."
"Yeah. There are some other cancelations as well. So, Mr. Clerk, why don't you bring us up to date on which committees will meet today and tomorrow and which are canceled." 09600014.doc 40 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009
Clerk Bolin: "Two committees have been canceled for this afternoon. The Business & Occupational Licenses Committee at 2 p.m. has been canceled and the Higher Education Committee at 4 p.m. has been canceled. Three committees have been canceled for tomorrow morning. The Appropriation-Higher Education Committee at 9 a.m. has been canceled. The Veterans' Affairs Committee at 12 noon has been canceled. And the Medicaid Reform, Family & Children Services Committee at 1 p.m. has been canceled. The following committees will meet this afternoon. At 2:00 the Labor Committee will meet in Room 118. The Public Policy & Accountability for Education will meet in Room D-1, Stratton. State Government Administration will meet in Room 114. At 4 p.m. Appropriations-General Services will meet in Room D-1, Stratton. Appropriations-Public Safety will meet in Room 114. Environment & Energy will meet in Room 118. International Trade & Commerce will meet in Room 115. And Disability Services will meet in Room 122B. Again, two committees have been canceled for this afternoon: Business & Occupational Licenses at 2 p.m. has been canceled and Higher Education at 4 p.m. has been canceled."
"Representative Golar, for what reason do you rise?"
"Thank you, Mr. Chair. Also, Public Policy & Accountability for Education at 2 p.m. in D-1 is canceled."
"Representative Dugan, for what reason do you rise?" 09600014.doc 41 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009
"Yes. I just wanted to also mention that Homeland Security, Emergency Preparedness that was scheduled for 1 p.m. tomorrow has been canceled. So, Homeland Security, tomorrow, will not be held."
Speaker Hannig: "Are there any other announcements? Then Representative Currie moved… Excuse me. Representative Boland."
"Yes. Thank you, Mr. Speaker. I just wanted to clarify to make sure that everybody knew the Higher Ed Committee is meeting today at 4. Some people got confused as to Higher Ed Approp and… So, Higher Ed will meet at 4."
"Thanks for that clarification, Representative Boland. Are there any other announcements? Then allowing for perfunctory time for the Clerk, Representative Currie moves that the House stand adjourned until tomorrow, Friday, February 20 at the hour of 2 p.m., 2 p.m. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. The Motion is adopted. And the House stands adjourned."
Clerk Mahoney: "House Perfunctory Session will come in to order. Referred to the House Committee on Rules is House Resolution 86, offered by Representative Ford. Introduction and reading of House Bills-First Reading. House Bill 2333, offered by Coladipietro, a Bill for an Act concerning civil law. House Bill 2334, offered by Representative Pritchard, a Bill for an Act concerning revenue. House Bill 2335, offered by Representative Saviano, a Bill for an Act concerning business. House Bill 2336, offered by Representative Saviano, a Bill for an Act concerning public employee benefits. House Bill 2337, 09600014.doc 42 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 offered by Representative Saviano, a Bill for an Act concerning state government. House Bill 2338, offered by Representative Saviano, a Bill for an Act concerning professional regulation. House Bill 2339, offered by Representative Saviano, a Bill for an Act concerning civil law. House Bill 2340, offered by Representative Saviano, a Bill for an Act concerning professional regulation. House Bill 2341, offered by Representative Mendoza, a Bill for an Act concerning employment. House Bill 2342, offered by Representative Mendoza, a Bill for an Act concerning insurance. House Bill 2343, offered by Representative Mendoza, a Bill for an Act concerning insurance. House Bill 2344, offered by Representative Osterman, a Bill for an Act concerning employment. House Bill 2345, offered by Representative Osterman, a Bill for an Act concerning employment. House Bill 2346, offered by Representative Osterman, a Bill for an Act concerning employment. House Bill 2347, offered by Representative Osterman, a Bill for an Act concerning employment. House Bill 2348, offered by Representative Osterman, a Bill for an Act concerning employment. House Bill 2349, offered by Representative Osterman, a Bill for an Act concerning government. House Bill 2350, offered by Representative Joyce, a Bill for an Act concerning financial regulation. House Bill 2351, offered by Representative Osterman, a Bill for an Act concerning civil law. House Bill 2352, offered by Representative Joyce, a Bill for an Act concerning higher education credit card marketing. House Bill 2353, offered by Representative Joyce, a Bill for an Act concerning 09600014.doc 43 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 criminal law. House Bill 2354, offered by Representative Currie, a Bill for an Act concerning public health. House Bill 2355, offered by Representative Lang, a Bill for an Act concerning revenue. House Bill 2356, offered by Representative Ryg, a Bill for an Act concerning State government. House Bill 2357, offered by Representative Ryg, a Bill for an Act concerning State government. House Bill 2358, offered by Representative Ryg, a Bill for an Act concerning State government. House Bill 2359, offered by Representative Ryg, a Bill for an Act concerning State government. House Bill 2360, offered by Representative Ford, a Bill for an Act concerning regulation. House Bill 2361, offered by Representative Smith, a Bill for an Act concerning criminal law. House Bill 2362, offered by Representative Smith, a Bill for an Act concerning education. House Bill 2363, offered by Representative Smith, a Bill for an Act concerning revenue. House Bill 2364, offered by Representative Boland, a Bill for an Act concerning initiative elections. House Bill 2365, offered by Representative Washington, a Bill for an Act concerning children. House Bill 2366, offered by Representative Washington, a Bill for an Act concerning elections. House Bill 2367, offered by Representative Boland, a Bill for an Act concerning revenue. House Bill 2368, offered by Representative Boland, a Bill for an Act concerning elections. House Bill 2369, offered by Representative Gordon, Jehan, a Bill for an Act concerning finance. House Bill 2370, offered by Representative McAsey, a Bill for an Act concerning property. House Bill 2371, offered by 09600014.doc 44 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 Representative John Bradley, a Bill for an Act concerning transportation, which may be referred to as the Michael Dean Law. House Bill 2372, offered by Representative McAsey, a Bill for an Act concerning criminal law. House Bill 2373, offered by Representative Chapa LaVia, a Bill for an Act concerning local government. House Bill 2374, offered by Representative Chapa LaVia, a Bill for an Act concerning appropriations. House Bill 2375, offered by Representative John Bradley, a Bill for an Act concerning criminal law. House Bill 2376, offered by Representative Gordon, Careen, a Bill for an Act concerning finance. House Bill 2377, offered by Representative Smith, a Bill for an Act concerning local government. House Bill 2378, offered by Representative Smith, a Bill for an Act concerning appropriations. House Bill 2379, offered by Representative McCarthy, a Bill for an Act concerning revenue. House Bill 2380, offered by Representative McCarthy, a Bill for an Act concerning appropriations. House Bill 2381, offered by Representative McCarthy, a Bill for an Act concerning appropriations. House Bill 2382, offered by Representative Burns, a Bill for an Act concerning public aid. House Bill 2383, offered by Representative Burns, a Bill for an Act concerning public aid. House Bill 2384, offered by Representative Acevedo, a Bill for an Act concerning civil law. House Bill 2385, offered by Representative Hernandez, a Bill for an Act concerning child care. House Bill 2386, offered by Representative Hernandez, a Bill for an Act concerning education. House Bill 2387, offered by Representative 09600014.doc 45 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 Hernandez, a Bill for an Act concerning child care. House Bill 2388, offered by Representative Hernandez, a Bill for an Act concerning aging. House Bill 2389, offered by Representative Hernandez, a Bill for an Act concerning criminal law. House Bill 2390, offered by Representative Hernandez, a Bill for an Act concerning criminal law. House Bill 2391, offered by Representative Hernandez, a Bill for an Act concerning criminal law. House Bill 2392, offered by Representative Golar, a Bill for an Act concerning State government. House Bill 2393, offered by Representative Walker, a Bill for an Act concerning criminal law. House Bill 2394, offered by Representative Walker, a Bill for an Act concerning local government. House Bill 2395, offered by Representative Saviano, a Bill for an Act concerning professional regulation. House Bill 2396, offered by Representative Saviano, a Bill for an Act concerning regulation. House Bill 2397, offered by Representative Saviano, a Bill for an Act concerning professional regulation. House Bill 2398, offered by Representative Saviano, a Bill for an Act concerning professional regulation. House Bill 2399, offered by Representative Saviano, a Bill for an Act concerning professional regulation. House Bill 2400, offered by Representative Lang, a Bill for an Act concerning finance. House Bill 2401, offered by Representative Lang, a Bill for an Act concerning State government. House Bill 2402, offered by Representative Lang, a Bill for an Act concerning revenue. House Bill 2403, offered by Representative Lang, a Bill for an Act concerning revenue. 09600014.doc 46 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 House Bill 2404, offered by Representative Lang, a Bill for an Act concerning insurance. House Bill 2405, offered by Representative Lang, a Bill for an Act concerning civil law. House Bill 2406, offered by Representative Coladipietro, a Bill for an Act concerning forest preserve districts. House Bill 2407, offered by Representative May, a Bill for an Act concerning health professions. House Bill 2408, offered by Representative May, a Bill for an Act concerning insurance. House Bill 2409, offered by Representative May, a Bill for an Act concerning local government. House Bill 2410, offered by Representative Jakobsson, a Bill for an Act concerning local government. House Bill 2411, offered by Representative Jakobsson, a Bill for an Act concerning civil law. House Bill 2412, offered by Representative Jakobsson, a Bill for an Act concerning transportation. House Bill 2413, offered by Representative Jakobsson, a Bill for an Act concerning State government. House Bill 2414, offered by Representative Jakobsson, a Bill for an Act concerning State government. House Bill 2415, offered by Representative Jakobsson, a Bill for an Act concerning environmental safety. House Bill 2416, offered by Representative Jakobsson, a Bill for an Act concerning elections. House Bill 2417, offered by Representative Jakobsson, a Bill for an Act concerning revenue. House Bill 2418, offered by Representative Jakobsson, a Bill for an Act concerning public health. House Bill 2419, offered by Representative Jakobsson, a Bill for an Act concerning insurance. House Bill 2420, offered by Representative 09600014.doc 47 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 Jakobsson, a Bill for an Act concerning local government. House Bill 2421, offered by Representative Jakobsson, a Bill for an Act concerning revenue. House Bill 2422, offered by Representative Zalewski, a Bill for an Act concerning public employee benefits. House Bill 2423, offered by Representative Riley, a Bill for an Act concerning appropriations. House Bill 2424, offered by Representative Riley, a Bill for an Act concerning government. House Bill 2425, offered by Representative Riley, a Bill for an Act concerning local government. House Bill 2426, offered by Representative Holbrook, a Bill for an Act concerning utilities. House Bill 2427, offered by Representative Sacia, a Bill for an Act concerning transportation. House Bill 2428, offered by Representative May, a Bill for an Act concerning government. House Bill 2429, offered by Representative May, a Bill for an Act concerning health. House Bill 2430, offered by Representative May, a Bill for an Act concerning the legislature. House Bill 2431, offered by Representative Jefferson, a Bill for an Act concerning revenue. House Bill 2432, offered by Representative Rita, a Bill for an Act concerning professional regulation. House Bill 2433, offered by Representative Rita, a Bill for an Act concerning transportation. House Bill 2434, offered by Representative Nekritz, a Bill for an Act concerning safety. House Bill 2435, offered by Representative Rita, a Bill for an Act concerning the Illinois State Toll Highway Authority. House Bill 2436, offered by Representative Rita, a Bill for an Act concerning public aid. House Bill 09600014.doc 48 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 2437, offered by Representative May, a Bill for an Act concerning State government. House Bill 2438, offered by Representative May, a Bill for an Act concerning compensation. House Bill 2439, offered by Representative Reitz, a Bill for an Act concerning safety. House Bill 2440, offered by Representative Reitz, a Bill for an Act concerning professional regulation. House Bill 2441, offered by Representative Reitz, a Bill for an Act concerning professional regulation. House Bill 2442, offered by Representative Reitz, a Bill for an Act concerning agriculture. House Bill 2443, offered by Representative Reitz, a Bill for an Act concerning regulation. House Bill 2444, offered by Representative Reitz, a Bill for an Act concerning regulation. House Bill 2445, offered by Representative Farnham, a Bill for an Act concerning government. House Bill 2446, offered by Representative Ryg, a Bill for an Act concerning health. House Bill 2447, offered by Representative Miller, a Bill for an Act concerning education. House Bill 2448, offered by Representative Miller, a Bill for an Act concerning education. House Bill 2449, offered by Representative Miller, a Bill for an Act concerning public employee benefits."
Clerk Bolin: "House Bill 2450, offered by Representative Miller, a Bill for an Act concerning professional regulation. House Bill 2451, offered by Representative Froehlich, a Bill for an Act concerning local government. House Bill 2452, offered by Representative Winters, a Bill for an Act concerning State government. House Bill 2453, 09600014.doc 49 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 offered by Representative Bost, a Bill for an Act concerning revenue. House Bill 2454, offered by Representative Nekritz, a Bill for an Act concerning conservation. House Bill 2455, offered by Representative Myers, a Bill for an Act concerning transportation. House Bill 2456, offered by Representative Zalewski, a Bill for an Act concerning revenue. House Bill 2457, offered by Representative Brady, a Bill for an Act concerning elections. House Bill 2458, offered by Representative Brady, a Bill for an Act concerning elections. House Bill 2459, offered by Representative Brady, a Bill for an Act concerning elections. House Bill 2460, offered by Representative Brady, a Bill for an Act concerning elections. House Bill 2461, offered by Representative Brady, a Bill for an Act concerning elections. House Bill 2462, offered by Representative Hamos, a Bill for an Act concerning liquor. House Bill 2463, offered by Representative Hamos, a Bill for an Act concerning courts. House Bill 2464, offered by Representative Coulson, a Bill for an Act concerning professional regulation. House Bill 2465, offered by Representative Verschoore, a Bill for an Act concerning local government. House Bill 2466, offered by Representative Verschoore, a Bill for an Act concerning public safety officers. House Bill 2467, offered by Representative Dugan, a Bill for an Act concerning State government. House Bill 2468, offered by Representative Harris, a Bill for an Act concerning health. House Bill 2469, offered by Representative Harris, a Bill for an Act making appropriations. House Bill 2470, offered by 09600014.doc 50 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 Representative Winters, a Bill for an Act concerning revenue. House Bill 2471, offered by Representative Soto, a Bill for an Act concerning education. House Bill 2472, offered by Representative Mautino, a Bill for an Act concerning revenue. First Reading of these House Bills. First Reading of House Joint Resolution Constitutional Amendment #19, offered by Representative Lang. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Section 8.1 of Article I of the Illinois Constitution as follows: ARTICLE I BILL OF RIGHTS SECTION 8.1. CRIME VICTIM'S RIGHTS. (a)To preserve and protect a victim's right to justice and due process, a crime victim shall have the following rights in criminal and juvenile delinquency proceedings: (1) The right to be treated with fairness and respect for the victim's dignity and privacy and to be free from harassment, intimidation, and abuse throughout the criminal or juvenile justice process. (2) The right to have the defendant, any person acting on the defendant's behalf, and the attorney of record prevented from obtaining confidential information or records that could be used to locate or harass the victim or victim's family, that disclose confidential 09600014.doc 51 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 communications made in the course of medical or counseling treatment, or that are otherwise privileged or confidential by law. (3) The right to timely notification of court proceedings and any related post-judgment proceedings. (4) The right to confer with the prosecution. (5) The right to be heard in person or in any other manner the victim chooses, upon request, at any proceeding involving a post-arrest release decision, plea, sentencing, post-conviction or post-adjudication release decision, or any proceeding in which a right of the victim is at issue. The right to receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law. (6) The right to be informed of the conviction, the sentence, any proposal to reduce the sentence or that would result in release, the imprisonment, and the release of the accused. (7) The right to timely disposition of the case following the arrest of the accused, including related post-judgment proceedings. (8) The right to be reasonably protected from the accused throughout the criminal or juvenile justice process. The right to have the safety of the victim and the victim's family considered in denying or fixing the amount of bail and release conditions for the defendant. (9) The right to be present at the trial and all other court proceedings on the same basis as the accused. 09600014.doc 52 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 (10) The right to have present at all court proceedings, subject to the rules of evidence, an advocate or other support person of the victim's choice. (11) The right to restitution. (12) The right to be present, upon request, at all post-judgment proceedings. (13) The right to have the safety of the victim, the victim's family, and the general public considered before any parole or other post-judgment release decision is made. (b)Definition. For the purposes of this Section, the term "crime victim" means a person directly and proximately harmed as a result of the commission of a criminal or juvenile offense. In the case of a crime victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the crime victim or the representatives of the crime victim's estate, family members, or any other persons appointed as suitable by the court may assume the crime victim's rights under this Section, but in no event shall the defendant be named as such guardian or representative. (c)A victim, a lawful representative of the victim including the victim's lawyer, or the prosecuting attorney upon request of the victim may assert the rights enumerated in subsection (a) in any circuit or appellate court with jurisdiction over the case as a matter of right. The court shall act promptly on such a request. (d)The General Assembly may provide for an assessment against convicted defendants to pay for crime victims' rights. 09600014.doc 53 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 (e)Nothing in this Section or in any law enacted under this Section shall be construed as creating a basis for vacating a conviction. This Section does not create any cause of action for compensation or damages against the State, any political subdivision of the State, any officer, employee, or agent of the State or of any of its political subdivisions, or any officer or employee of the court. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act. This has been the First Reading of House Joint Resolution Constitutional Amendment #19."
"House Joint Resolution Constitutional Amendment 20. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Article III of the Illinois Constitution by adding Section 7 as follows: ARTICLE III SUFFRAGE AND ELECTIONS SECTION 7. RECALL OF EXECUTIVE OFFICERS (a)The electors of the State may petition for the recall of an executive branch officer as identified in Section 1 of Article V. Upon certification of the recall petition as 09600014.doc 54 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 valid, the question "Shall (officer) be recalled from the office of (office)?" must be submitted to the electors, along with the names of any candidates certified for the successor election, on a separate ballot containing only the recall question and candidates for the successor election, at a special election called by the State Board of Elections or at a regularly scheduled election, the election in either case to occur not more than 90 days after the date of certification of the recall petition. The officer subject to recall may not be a candidate in the successor election. (b)An executive branch officer is immediately removed upon certification by the State Board of Elections that a majority of the electors voting on the question voted to recall the officer. If an officer is recalled, the candidate who receives the highest number of votes in the successor election is elected successor for the balance of the term. Once a recall petition is certified, the petition may not be withdrawn. Another recall petition may not be initiated against that officer during the remainder of his or her current term of office. (c)Any elector of the State may file an affidavit with the State Board of Elections providing notice of intent to circulate a petition to recall an officer no sooner than 6 months after the beginning of the officer's current term of office. The affidavit must identify the name of the officer, the office to be recalled, the name and address of the proponents of the recall petition, and the date of filing of the affidavit with the State Board of Elections. 09600014.doc 55 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 A recall petition shall not be circulated prior to filing of the affidavit. A recall petition must be filed with the State Board of Elections within 150 days after the filing of the affidavit. (d)A petition to recall an executive branch officer must include signatures of electors of the State equal to at least 15 percent of the total votes cast for the office in the election at which the officer was elected, with 100 signatures from each of at least 25 separate counties. The same standards and requirements governing statewide advisory public questions shall also govern the formatting, circulation, and filing of a recall petition, except as may otherwise be provided in this Section. (e)The State Board of Elections shall certify the recall petition not more than 30 days after the date the recall petition is filed, provided that the petition meets all of the requirements set forth in this Section. Any recall petition or election pending on the date of the next general election at which a candidate for the office subject to recall is elected is moot. (f)If a recall election is initiated, the name of a successor candidate may not appear on the ballot unless a nominating petition has been filed with the State Board of Elections within 30 days after the certification of the recall petition. The nominating petition of a candidate for the successor election must contain the same number of signatures and be circulated in the same manner as required for the nominating petition of an independent or new party candidate for nomination to the office subject to recall. 09600014.doc 56 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 Nominating petitions may be filed no sooner than the day after the filing of the affidavit required in subsection (c). The State Board of Elections shall certify a valid nominating petition not more than 30 days after the date the recall petition is certified, provided the petition conforms to the requirements set forth in this Section. (g)An election to determine whether to recall an executive officer and to elect a successor shall be proclaimed by the State Board of Elections and held not less than 90 days and no more than 120 days after the date of certification of the recall petition. (h)The provisions of this Section are self-executing and judicially enforceable. SCHEDULE The State Board of Elections shall proceed, as soon as all the returns are received but no later than 31 days after the election, to canvass the votes given for and against this Constitutional Amendment, as shown by the abstracts of votes cast. If this Constitutional Amendment is approved by either three-fifths of those voting on the question or a majority of those voting in the election, then the State Board of Elections shall declare the adoption of this Constitutional Amendment and it shall, upon declaration of its adoption, take effect and become a part of the Constitution of this State. This Schedule supersedes and applies notwithstanding any statute to the contrary, and no other requirements, including without limitation proclamation of the results of the vote or notice by publication, are necessary for its effectiveness. House 09600014.doc 57 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 14th Legislative Day 2/19/2009 Perfunctory Session will come to order. Committee Reports. Representative Joyce, Chairperson from the Committee on Appropriations-General Services, to which the following measure/s was/were referred, action taken on February 19, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' is House Bill 84, House Bill 210, House Bill 312, House Bill 313, House Bill 314, House Bill 315, House Bill 316, and House Bill 1027. House Bills-Second Reading. House Bill 1027, offered by Representative Hannig a Bill for an Act concerning finance. Second Reading of this House Bill. There being no further business, the House Perfunctory Session will stand adjourned." 09600014.doc 58