"Good morning, Illinois. The Illinois House of Representatives is about to come to order. Members are asked to please be at their desks. We shall be led in prayer today by senior minister Tommy Henegar, who is the pastor of the First Christian Church of Centralia in Centralia, Illinois. Reverend Henegar is the guest of Rev… Representative Cavaletto. Members and guests are asked to please refrain from starting their laptops and turn off their cell phones and pagers, and all in the gallery or the guests are asked to join us in rising for the invocation and the Pledge of Allegiance. Reverend Henegar."
"Would you please join me in a spirit of prayer. We give You thanks, Oh God, for this day of legislation, debate, and purpose, for the mingling of minds and personalities, for the clash of provocative thought and expression, for the great diversity of skills, talents, and gifts represented here. Let Your spirit flow into our lives so that all these abilities may be used to fulfill Your purpose, strengthen the lives, hope, and prosperity for all the people of this great state. We seek Your guidance and counsel during debate. We seek wisdom, leadership, harmony, and understanding over division. Above all, may Your sovereignty reign as we seek commonality for the good of all Your children. May Your eternal blessing flow over this day, these men and women who labor on behalf of others and all the lives that will be affected by the decisions made here today. To You, Oh God, be the honor and glory forever, Amen." 09600033.doc 1 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"We'll be led in the Pledge by Representative Keith Farnham."
"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. Leader Barbara Flynn Currie."
"Thank you, Speaker. Please let the record reflect the excused absence of Representative Careen Gordon."
"Representative Michael Bost, the GOP."
"Thank you, Mr. Speaker. Let the record reflect that Representative Chapin Rose is excused on the Republican side of the aisle today."
"Mr. Clerk, take the record. There are 116 Members present; we have a quorum and prepared to do the work of the peoples' business. Mr. Clerk."
Clerk Mahoney: "Committee Reports. Representative Phelps, Chairperson from the Committee on Agriculture & Conservation, to which the following measure/s was/were referred, action taken on March 26, 2009, reported the same back with the following recommendation/s: 'recommends be adopted' is Floor Amendment #1 to House Bill 182. Representative Watson, Chairperson from the Committee on Access to Federal Funding, to which the following measure/s was/were referred, action taken on March 26, 2009, reported the same back with the following recommendation/s: 'recommends be adopted' is House Resolution 117. Referred to the House Committee on Rules is House Resolution 219, 09600033.doc 2 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 offered by Representative Smith and House Resolution 221, offered by Representative Colvin."
"Representative Bob Pritchard, for what purpose do you rise, Sir?"
"Thank you, Mr. Speaker. For a point of personal privilege."
"Please proceed, Representative."
"Ladies and Gentlemen in the House, I would ask… draw your attention to the Speaker's Gallery and ask representatives from the Rochelle FFA chapter to stand. They're here today with John Hintzsche and Donna Page, their advisors. But most significantly, I would like to draw your attention to four of those individuals: Jessica Keys is a sophomore, Lauren Schabacker is a senior, Brooke Smith is a member of a championship judging team and Riley Hintzsche, a senior. These four individuals are state champions in dairy product judging and to show you some of their expertise they brought you some yogurt this morning over in Room 4… 314 and they'll be there in a short few moments to distribute those to you and to welcome you and to share a little bit about their judging team, about FFA, and about Rochelle in my district. So, I would ask you to welcome them to the chamber and to congratulate them on their championship team."
"Thank you, Rochelle Township High, enjoy your day. We're proud to have you. The Chair recognizes the Gentleman from Jasper, Representative David Reis. For what purpose do you seek recognition, Representative?"
"Thank you, Mr. Speaker. A point of personal privilege." 09600033.doc 3 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Please proceed."
"Also, today, joining us at FFA Day and Ag Day is the FFA members and their advisor Mr. Lamp from White County with Brandon Phelps and I. Welcome to Springfield."
"Welcome, enjoy your day, glad to have you. Ladies and Gentlemen, I'll start with a list that, of course, that staff has given us from the Democrats and Republicans, alphabetical. Most of them are Third Reading, so I'll call out your name and the page number as we call the Bill. Representative Acevedo, not here. Representative Arroyo, not here. Representative Jim Brosnahan, on page 35 of the Calendar, you have House Bill 382. Call the Bill. Mr. Clerk, read the Bill."
"House Bill 382, a Bill for an Act concerning education. Third Reading of this House Bill."
"The Chair recognizes the Gentleman from Cook, Representative Jim Brosnahan."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This Bill attempts to address the nursing shortage and we're trying to do this by increasing the number of nurse educators in the State of Illinois. Under this proposal, the Department of Public Health will offer scholarships for individuals who agree to be nurse educators in the State of Illinois. The selected recipients must practice for two years in the state for every year that they received a scholarship. The potential nurse educator must be a resident of the State of Illinois for at least a year before applying and must also be enrolled in a graduate degree in the nursing program at an 09600033.doc 4 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 institution in the state that is approved by the Department of Financial and Professional Regulation. Another part of this Bill also started in fiscal year 2010, $2 million of the money is deposited in the Nursing Dedicated and Professional Fund must be set aside for nurse scholarships through the department. Currently, 1.2 million is currently required. So, it's very important to note that this money all comes from the Nursing Dedicated Fund which is actually paid by the nurses for their licenses and fees. The Illinois Nurses Association has worked with me on this… this Bill the last two years. They are in support of this legislation, are proponents. I'd be happy to answer any questions."
"You've all heard the explanation of House Bill 382. Is there any discussion? Seeing none, the question is, 'Should House Bill 382 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Coulson, Representative Pihos, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there are 116 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Rich Brauer, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. For personal privilege."
"Please proceed, Representative."
"As part of the 39th Annual Illinois Agricultural Legislative Day, I would like to recognize Miss County Fair 09600033.doc 5 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 of Illinois, Morgan Metz, from Springfield to the State Capitol. Mor… Let's give her a hand. Morgan is the 2007 graduate from Sacred Heart Griffin High School and graduated from the University of Dayton with a double major in marketing and entrepreneurship. So, if… if you want to have your picture taken, I'd certainly would take that opportunity."
"Morgan, welcome to Springfield. It's an honor to have you. Representative Annazette Collins, on page 38 of the Calendar, you have House Bill 1126. Out of the record. Representative Fred Crespo, on page 36 of the Calendar, you have House Bill 624. Read the Bill, Mr. Clerk."
"House Bill 624, a Bill for an Act concerning government. Third Reading of this House Bill."
Speaker Lyons: "Recognize the Gentleman from Cook, Representative Fred Crespo."
"Thank you, Speaker, Members of the House. House Bill 624 deals with the Employer Training Investment Program, also known as ETIP, which is administered by DCEO. The purpose of this Bill is to protect employers from possible ID theft. The Bill simply gives employers an option to either submit the list of employees and Social Security numbers or a signed legal affidavit verifying that those receiving the training are eligible for the training. It also provides DCEO with the ability to audit the companies using this method. There's no opposition. This Bill passed unanimously last year as House Bill 4470, but 09600033.doc 6 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 because of the rulemaking Amendment, it didn't move forward."
Speaker Lyons: "The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I didn't have a chance to come over and talk to you before the Bill was called. I just have one concern and that is we now have to verify that the employee is an Illinois resident?"
"It's… it's the same thing that's always been. Nothing has changed. Whatever the requirements were before, the requirements are the same. Oh, that's… that's the intent, Representative."
"Okay. I… Can you take this out of the record and let me talk with you and DECO? The reason I ask you, I'm right on the Indiana border and I know that some of the grant programs we have received for training, some of the people who work in the plants that are located in my district in Illinois live in Indiana and I didn't think we'd ever have a problem with that. I… I don't know what… what may result here."
"Okay."
"All right."
"Speaker, if I may…"
"Thank you."
"…pull it off the record and discuss it." 09600033.doc 7 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Mr. Clerk, on the request of the Sponsor, take that Bill out of the record. Mr. Clerk, House Resolution 210. The clair recog… the Chair recognizes the Lady from DuPage, Representative Sandy Pihos."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Today we have a House Resolution 210 that congratulates the Lincoln Foundation for performance excellence. This is a non-for-profit foundation that has helped many organizations in our state strive for excellence, improved performance, and worldwide competition. Founded in 1994, the Foundation creates models and standards by which Illinois organizations can and should base their development on. The Foundation encourages organizations to improve productivity by offering recognition to candidates in areas such as industry, service, health care, education and government. Incentives to our businesses and organizations make them want to strive for something better. It creates a new standard by which Illinois should be viewed. This wonderful organization has the ability to spark greater improvement for our economic base, it drives productivity, increases employee relations, and simply yields a better result. Once again, I congratulate the Lincoln Foundation for its role in our state. I also congratulate the award recipients who have chosen to use the Foundation guidelines as their model of excellence. The 2008 Lincoln Silver Award recipients are the Sarah Bush Lincoln Health System in Mattoon, the St. Mary's Good Samaritan, Incorporated in Centralia and Mt. Vernon and the 2008 Lincoln Bronze Award 09600033.doc 8 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 winner is presented to the United Cerebral Palsy Land of Lincoln."
"Thank you, Lincoln Foundation. Thank you, Representative Pihos. The Motion is, 'Should House Resolution 210 be adopted?' And I do believe before we adopt that Resolution we're going to recognize the Gentleman from Marion, Representative John Cavaletto. Representative Cavaletto."
"Thank you, Mr. Speaker. A point of personal privilege. St…"
"Please proceed."
"St. Mary's Good Samaritan Hospital in Centralia and Mt. Vernon, 20… 2008 Lincoln Silver recipient. St. Mary's Good Samaritan, Incorporated is a Catholic, nonprofit corporation pursuing a vision to create a comprehensive, regional health care enterprise covering a nine county area of south central Illinois. A regional, health care enterprise that has… is continuing to be developed by building on existing strengths of both St. Mary's Hospital in Centralia and Good Samaritan Regional Health Center in Mt. Vernon. These two hospitals, 254 beds at Centralia, 161 beds at Mt. Vernon, anchor the continued development of territory services. Two of the strongest culture influences ensuring consistency of purpose are the organizations’ history and tradition and their long-term commitment to continuous quality improvements. Committed to continuous quality improvements, St. Mary's Good Samaritan uses a variety of methods to measure against best practices of health care industry in the areas such as: 09600033.doc 9 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 patient care and safety, customer satisfaction, and financial performance. The same areas Good Samaritan continues to grow in their quality journey and looks forward to many opportunities ahead. Thank you."
"Representative Jakobsson, are you… The Motion is by Representative Cavaletto and Representative Pihos the adoption of House Resolution 210. All those in favor signify by saying 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And House Resolution 210 is unanimously adopted. And again, congratulations, Lincoln Foundation. The Chair recognizes Representative Jakobsson. For what purpose to you seek recognition, Representative?"
"Thank you, Mr. Speaker. I rise in a point of personal privilege. I wanted to speak to House Resolution 210, also, regarding the Sarah Bush Lincoln Health System. They are the 2008 Lincoln Silver recipient. Sarah Bush Lincoln Health System is a regional hospital located in east central Illinois including 1500… employing 1550 people. In addition, the health system has outreach services including clinics staffed by physicians and mid- level providers, home health, hospice and homemaker services, durable medical equipment company and lab services in 20 counties. Their key strengths are in physician and employee recruitment, clinical quality, and strong fiscal performance. They've made great stride in improving patient experience and clinical outcomes, through their journey of excellence, a way of life. Through this, employees and volunteers are better aligned with the health 09600033.doc 10 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 system's mission and strategic goals. I'd like to recognize Sarah Bush Lincoln Health System. Thank you."
Speaker Lyons: "Thank you, Representative Jakobsson. Representative Crespo, I do believe you are back to… ready and prepared on House Res… on House Bill 624. Mr. Clerk, House Bill 624. Read the Bill, Mr. Clerk."
"House Bill 624, a Bill for an Act concerning government. Third Reading of this House Bill."
"The Chair recognizes the Gentleman from Cook, Representative Crespo."
"Thank you, Speaker, Members of the House. This Bill that we had discussed a little while ago. I had a chance to meet with Representative Black and we’ve clarified some of his concerns, so we're ready to move forward, unless you have any other questions."
"Representative Bill Black."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I rise in support of the Gentleman's Bill. And I want to thank him for taking it out of the record, so that we could check with staff and make sure we weren't excluding… since I'm a border district… anybody who might live in the State of Indiana. The Gentleman's done good work on this Bill. I appreciate his willingness and kindness to let us check that out. And I su… I rise in strong support of the Bill."
"The question is, 'Should House Bill 624 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? 09600033.doc 11 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 Representative Bob Biggins. Mr. Clerk, take the record. On this Bill, there are 116 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Black, on page 38 of the Calendar, you have House Bill 862. Read the Bill, Mr. Clerk."
"House Bill 862, a Bill for an Act concerning education. Third Reading of this House Bill."
Speaker Lyons: "The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."
"Thank you very much, Mr. Speaker. Inquiry of the Chair."
"State your inquiry, Sir."
"Has Floor Amendment #1 been added to the Bill?"
"Mr. Clerk?"
"Floor Amendment #1 remains in the House Rules Committee."
"All right. That… that Bill was… the Amendment needs to be adopted. I don't think it's controversial. The construction council wanted to clarify an Amendment. If we could put that on the Bill, I think it's ready to go. I know of no opposition and the Floor Amendment simply was at the request of the construction trades."
"So, Representative, do you wish to move that Bill back to Second Reading?"
"Yes, if you would, please."
"So, for purpose of the Amendment, we… so, we…"
"Thank you." 09600033.doc 12 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
Speaker Lyons: "Mr. Clerk, move that Bill back to Second Reading for the purpose of adopting the Amendment. Representative Jim Durkin, you have, on page 38 of the Calendar, House Bill 1116. Out of the record. Leader Barbara Flynn Currie, you have, on page 41 of the Calendar, House Bill 4088. Is it your intention, Representative, to move that back to Second Reading for the purpose of an Amendment? Mr. Clerk, move that Bill back to Second Reading at the request of the Sponsor. Representative Jim Sacia, for what purpose do you seek recognition?"
"A point of personal privilege, Mr. Speaker."
"Please proceed, Representative."
"In the gallery behind me are the good folks from Orangeville, Illinois, representing FFA: Mrs. Trone, Christina Richardson, Ben Hulfachor, Trent Obert, Steve Snider, and Riley Kabatzke. Would you give them a Springfield wec… welcome, all the way from Orangeville."
Speaker Lyons: "Welcome to Springfield, enjoy your day. Representative Rich Myers, for what purpose do you seek recognition, Representative?"
"Well, following up on that particular line on this Ag Day, I'd like to introduce up in the gallery on the other side, the West Prairie FFA group and their advisors from Sciota, Colchester, Good Hope and parts in-between. So, welcome to the FFA people from the West Prairie School District."
Speaker Lyons: "Welcome to Springfield, enjoy the day. Representative Jack Franks, on page 35 of the Calendar, you have House Bill 272. Representative Franks. 09600033.doc 13 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 Representative, put the phone down. Do you want to run 272, Representative? Read the Bill, Mr. Clerk."
"House Bill 272, a Bill for an Act concerning education. Third Reading of this House Bill."
Speaker Lyons: "The Chair recognizes the Gentleman from McHenry, Representative Jack Franks."
"Thank you, Mr. Speaker. This is a Bill that came to me; it's an interesting story. I had a chance to meet with Chicago Bear legend Dick Butkus last year and he told me that his big priority was dealing with the problems with steroid abuse in high school, with high school athletes and student-athletes. And he… and he hooked me up with a gentleman by the name of Don Hooton and Don had lost his son, Taylor, to the abuse of steroids. And Mr. Hooton, to his credit, worked hard to put in laws in other states that would require student-athletes to be randomly tested for steroids and what he's found is that this has worked terrifically. The pilot program was done in Texas and as you know, football is a religion in Texas and many of the students who had taken surveys before had admitted that many of them had taken steroids or knew of people who had. Since they've instituted this law in Texas, the amount of students who have been tested positive has been much below the national average. So, what we'd like to do is help protect our students, our student-athletes, and keep them healthy for the future. And this Bill would require that there be random steroid testing for student-athletes throughout the season and would be paid for by fines… extra fines on drug-related convictions and this would be run by 09600033.doc 14 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 the IHSA which has agreed to do so. I'd be happy to answer any questions and there's no opposition to the Bill."
"The Chair recognizes the Gentleman from Cook, Representative John Fritchey."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Jack, if you… just tell me a little bit about the scope of this testing then. So, it's going to be, I'm going to assume, surprise testing, unannounced…"
"Right."
"…random tests. Will they be testing solely for steroids?"
"Yes. Oh, I'm sorry. And other performance enhancing… we're going to use the list that are under the NCAA guidelines, which is a comprehensive list."
"But is that solely… I guess what… when you start to worry about is almost a Fourth Amendment issue here and you know, through the backdoor, require and consent to, you know, blood testing or DNA testing or whatever it may be then, you know, they may be testing for steroids and they wind up coming up with something else. You know, is that student then subject to…"
"Well, we have certain requirements right now. Under a State Law, that you and I voted for a few years ago, there are some student-athletes that are tested, but they're only tested during the playoffs. This would expand the scope of the time and the amount of the athletes, as well as the schools. So, the… it would let all kids… all student- 09600033.doc 15 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 athletes know that they’re subject to this, which I think would be a higher deterrent."
"And if a student refused the… refused to participate, they'd lose eligibility?"
"I think so, yes, they would."
"If a student tests positive, is the school either athletically or as an institution subject to sanction?"
"Yes, they are. And we heard this testimony in committee from the IHSA. Certainly, the student would be, but then it would be up to, I think, the IHSA to determine whether the team would be, as well and the example that was given in committee from IHSA was that if it was game altering, I guess, if the individual who tested positive was the star running back and got five touchdowns, it would certainly affect that… that team, but if the person, you know, came in for one play on kickoff coverage, the team wouldn't be affected and that was how we were dis…"
"Well, but… but I guess the concern that you have is, you know, let's say you've got a football team that suits up dozens of players. Unbeknownst to the school, the coach, the other players, you know, they've got an offensive tackle that has been on steroids."
"Right."
"Nobody knew and let's say this team continues to go on and they win the state championship. I mean, somebody can debate how integral an offensive tackle is at any point in time, but all of a sudden, do you run the risk of the team and these other students who did nothing wrong who play by the rules, you know, being stripped of a title for 09600033.doc 16 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 something that they had no involvement in, had no wrongdoing, had no knowledge of."
"Well, that's on a case-by-case basis, as you said. I mean, right now, we have something to that affect, but it's only during the playoffs, because it would be the same penalties that are given out now, if a student would test positive during the playoffs. But this also has an additional component, this Bill. There's going to be an education component where the coaches will complete an association developed exam so they can help spot it and it'd be and it'd be… part of, I'm sorry, an educational program. So, I think, this is really going to be focusing on the prevention."
"All right. Thank you."
Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Rosemary Mulligan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, do you know if this is coupled with any kind of education in the schools about this type of use of drugs or education? Say, some schools have meetings and things that they fill out with parents and student-athletes that they already pledge at the beginning of the year to be careful. I don't think… I don't know if it's uniform in Illinois, I don't think it is, but there is advanced knowledge of this is what will happen, this is what we're going to do, this… these are possible medications if your child is on a medication, they need to let us know and also just education in the schools. I mean, the goal behind 09600033.doc 17 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 this is not to be punitive, but to make sure kids grow up healthy and don't find out that they're going to have cancer and other issues later on in life."
"You're a hundred percent correct and everything you've said is correct and that will be covered in the Bill. The schools will be provided with that information. And this is really an educational component, as well, of the dangers and also it's worked in other states in the sense that the positive findings of steroid use has plummeted in those states that are… that are doing this."
"All right. So, how do you ensure there's confidentiality? So, a student makes a mistake and takes a substance, tests positive, good athlete… would have been a good athlete without it, you know, looking for a college scholarship, something to happen. So, if that student is told he cannot participate, how do you keep that confidential so that it doesn't get out or doesn't get on their record they have, say, three years later as a senior, he's approached by a college that might have strict regulations."
"But we're doing it now, as you know, in a more limited way and we would continue to do it the same way, where the… it would be the student, the coach and the school administrator who would be aware and that would be it."
"All right. So, they would use some other reason why the student cannot play at that time or you know, I think it's pretty hard to keep it confidential, is my only problem." 09600033.doc 18 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"It may be, but we're doing it now. I'm not changing that at all."
"And so school records would not be open and they would not be available to a college that might be recruiting that young person? And are they going to do all teams, girls and boys? You know, I mean, sometime we only remember it's the football team…"
"No, it's for everybody."
"…not particularly the girls’ soccer team that's pretty good, you know."
"It's… it's for… it's for all student-athletes and there is complete confidentiality to allay any of your concerns."
"All right. Thank you."
“Thank you.”
Speaker Lyons: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, just very quickly. This is basically an expansion of an existing testing program that the Illinois High School Association put in place for state series competition?"
"It is, with an additional education component."
"And I just went on the IHSA Web site… and for those who are interested, on the IHSA Web site there is a complete set of rules and regulations for this regarding the reporting results and the confidentiality. Students have to sign a consent form at the beginning of the year. They 09600033.doc 19 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 are provided with a list of all the banned substances. There are due process steps in place in case there's a false positive test, they're able to question the test. It's worked very, very well as a deterrent during the state series competition. The problem is that a lot of schools frankly don't qualify for the state series, so the chances of any random testing occurring for those students is negligible. So, by… by including regular season testing, the hope is that we extend this deterrent system to all students at all school districts. This is coupled with a very, very good education program that the IHSA also has online including power points that coaches can use at the beginning of the season to educate their kids. Those resources are already available. This will cost school districts nothing. They will be able to go to the Web site, download the information, and provide kids with the kind of education they need. So, it is very comprehensive. I think the fact that Representative Franks has also found a way to pay for it is very much appreciated by schools. Oftentimes, we see mandates without any way to pay for the testing. He's found a creative way to pay for this and establish a fund and I think the input that he's received from many, many, many different groups regarding how to make this a good program for our students to deter. One of the major issues that we see in our society related to athletic competition and that is the use of steroids and enhanced chemicals that actually have tremendous potential to harm our young people. I think it's a good Bill. I… I know that we're going to continue to monitor it and 09600033.doc 20 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 continue to educate our kids based on the results, but… but I applaud the Representative for working with everyone. And I would urge everyone to support this and send a message to our young people regarding steroids and enhancing drugs, that you can have a great experience in athletics and you can learn a lot without having to use chemicals to enhance your performance. So, I would urge an 'aye' vote."
Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Monique Davis." Davis, M.: "Thank you, Mr. Chairman. Will the Sponsor… Mr. Speaker. Will the Sponsor yield?"
"The Sponsor's…" Davis, M.: "Okay."
"…waiting for your questions, Representative." Davis, M.: "Exactly what tests will be given to the athletes?"
"It's a urinalysis and they would be tested for any banned substances which is on the NCAA list." Davis, M.: "And when would this testing occur?"
"It would be random; that's the whole point. It would… it would be during the sports season or during the preparation for that sports season, but no one is going to tell the student-athletes when it may occur or what school it may occur in, because right now we have a limited ability to do so during the school playoffs, for those teams that are in the playoffs. But this would be for up to 25… no, at least 25 percent of our schools statewide at any time during the academic year dealing with the… with that particular school's sport." 09600033.doc 21 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 Davis, M.: "Is there any way that you can prevent, say, one particular school being tested all the time and perhaps some others never being tested?"
"Well, the intent is for that never to happen. I mean, we want to make sure that it's fair and that it's random. And the IHSA will be administering this and we'll certainly speak with them about that. I don't have any reason to believe that they would be trying to single out any school." Davis, M.: "Is that the same group that waited until the last day to tell one group that you have on a uniform whose stripe is too wide?"
"I don't know. I don't know if it is or not." Davis, M.: "Okay. I support your Bill. I do have a big… I have a concern in reference to the fairness to make sure the tests are done, even though they're random, but they're done equally across the board and not just pick those who constantly win."
"That's a good… Well, I'll have you talk to IHSA. We'll help you… we'll have you talk to them about putting in the rules." Davis, M.: "I would appreciate that because I would like to know why they waited 'til the very last day of one of the games to say to a group, your… the stripe is too wide on your uniform and they took a point away from them and they lost."
"Wow." Davis, M.: "I think it was Waukegan."
"I didn't know that. I'd ask that question too." 09600033.doc 22 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 Davis, M.: "Thank you very much."
"Thank you." Davis, M.: "Thank you, Sir."
"Thank you."
"Representative Franks to close."
"Thank you, Mr. Speaker. I want… I want to thank my fellow Members for… for their help on this Bill. And Mr. Eddy, thank you very much. And also staff, Jay Curtis did a great job getting this done. This was a very comprehensive, difficult Bill to draft. The money aspect where… that was Jay's idea… and this is… this money will act… by the people who are convicted of drug offenses funding this, it will actually save IHSA hundreds of thousands of dollars a year. So, this is going to take care of a lot of things. I also want to let you know that since Major League Baseball has begun an enhanced steroid testing program, there's just been a handful of players who have tested positive and simultaneously, just using last year, the number of home runs in 2008 dropped to its lowest level since 1993. So, I think there is a real benefit in this deterrence factor and I think this is a Bill that we can all be proud of supporting. And I'd ask for an 'aye' vote."
"The question is, 'Should House Bill 272 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 116 Members voting 'yes', 0 voting 'no'. This Bill, having received 09600033.doc 23 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 the Constitutional Majority, is hereby declared passed. Mr. Clerk."
"Rules Report. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following legislative measures and/or Joint Action Motions were referred, action taken on March 26, 2009, reported the same back with the following recommendation/s: 'approved for floor consideration' is Amendment #2 to House Bill 35, Amendment #1 to House Bill 170, Amendment #2 to House Bill 261, Amendment #2 to House Bill 264, Amendment #2 to House Bill 326, Amendment #1 to House Bill 721, Amendment #1 to House Bill 723, Amendment #1 to House Bill 745, Amendment #2 to House Bill 796, Amendment #1 to House Bill 806, Amendment #1 to House Bill 862, Amendment #2 to House Bill 1966, Amendment #2 to House Bill 2055, correction 2005, Amendment #1 to House Bill 2238, Amendment #1 to House Bill 223… or 86 (sic-2386), Amendment #2 to House Bill 2475, Amendment #2 to House Bill 2573, Amendment #1 to House Bill 2602, Amendment #1 to House Bill 2827, Amendment #2 to House Bill 3639, Amendment #2 to House Bill 3721, Amendment #3 to House Bill 3878, Amendment #2 to House Bill 3844, Amendment #1 to House Bill 3809, Amendment #1 to House Bill 3919, Amendment #1 to House Bill 3925, Amendment #1 to House Bill 4015, Amendment #2 to House Bill 4088, Amendment #2 to House Bill 4249, and Amendment #2 to House Bill 4251."
Speaker Lyons: "Ladies and Gentlemen, if I could get your attention for a moment. Everybody was handed the House Bulletin today, on the goldenrod paper, in the middle of 09600033.doc 24 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 that under the topic of information we are in the process of putting together the Agreed Bill List 2. So, on there, you've also been notified that you've been given a tan sheet with your Bills that will be eligible for consideration for the Agreed Bill List which is going to be your obligation to make sure, if you have Amendments pending on those Bills, that you get those clarified today. The deadline for getting that up to the podium here to Mr. Mapes is 3:00. So, we've got about four or five hours to get your house in order, personally, for whatever Bills you want considered for the next Agreed Bill List which will be looked at by Democratic and Republican staff over the weekend and be presented most likely next Tuesday or Wednesday. So, please, attention all of you, get your Bills for consideration on the brown sheets up to the podium at your earliest convenience. Thank you. Representative Sid Mathias, on page 37 of the Calendar, you have House Bill 715. Read the Bill, Mr. Clerk."
"House Bill 715, a Bill for an Act concerning revenue. Third Reading of this House Bill."
"The Chair recognizes the Gentleman from Lake, Representative Sid Mathias."
"Thank you, Mr. Chairman… Mr. Speaker. Thank you, Mr. Speaker. The purpose of House Bill 715 is very simple and direct. This legislation, which affects my residents and all of the residents living in Cook County, would roll back the current Cook County sales tax by 1 percent, back to the rate that it was before a 1 percent tax hike was imposed last year. The Bill would require that any future 09600033.doc 25 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 increases be approved by the voters themselves in a referendum, a very novel approach for Springfield. Make your case to your constituents. Maybe in order to do that, you might have to reduce your request, if you think that would be the best way to pass it, but that would be then the judgment of those who put it on a referendum and ask that the citizens determine whether or not their taxes should be raised. It's been more than a year now since the Cook County Board approved the measure that more than doubled the county sales tax from .75 percent to 1.75 percent. With all of the negative outcry from constituents throughout Cook County, the board has not lowered that tax by a penny. Since then, the City of Chicago has had the unenviable distinction of having the single highest sales tax in the nation at 10.25 percent. Comparatively, New York City and Los Angeles are both below eight and a half percent. Suburban Cook County has also been hit by the higher sales tax, driving businesses and jobs either to neighboring counties or out of business altogether. And when that happens, Ladies and Gentlemen, it also affects all of our municipalities because, obviously, when people stop buying in suburban Cook, the suburban Cook municipalities also lose their share of sales tax. You know, in the past year, I have been knocking on a lot of doors, especially last fall… thanks to the Speaker… and I have talked to a lot of my residents in my district, hundreds and hundreds of them, and I asked them, what are the two most or three most important things that are affecting you in a negative sense. And the first thing 09600033.doc 26 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 they say is the oppressive sales tax in Cook County. So, I asked them, what do you do about it? And they, without a hesitation, say, well, you know, my district is right on the border between Cook and Lake, I go to Lake County to shop. I go to Deer Park, there's a great mall there. What does that say to the great malls that we have in our area who are losing business as a result of this? In this past year, our economic climate has gotten worse. Not just for Cook County families, but families all over the nation. Job losses have been staggering. The stock market has slumped. Property taxes remain at their highest and utility bills are on the rise. And here at home, residents are paying the highest sales tax in the nation. With the sharp downturn in the economy, many families are struggling to stretch every dollar to pay for daily necessities, but instead of tightening its fiscal belt, Cook County government raised taxes on families many of whom are fighting to hang on to their homes due to skyrocketing property taxes and nationwide mortgage crisis. Mr. Speaker, it's time for tax relief in Cook County. I urge my colleagues to stand with me today in voting to roll back this onerous Cook County sales tax increase that continues to penalize working families, small businesses, those on fixed incomes, and everyone struggling to make ends meet. Why should 101 other counties have to go to referendum, but Cook County does not have to go to referendum. I would be happy to take any questions and would appreciate an 'aye' vote." 09600033.doc 27 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"And the Chair recognizes the Gentleman from Cook, Representative Paul Froehlich."
"Thank you, Mr. Speaker. I'm happy to join with Representative Mathias on his Bill. It's identical to my House Bill 663. And as he said, this tax is extremely unpopular in northwest Cook County. I went door to door and collected over 1200 signatures of voters in my district supporting this Bill to roll back this onerous tax. People in my district feel that paying the highest sales tax in the country to support a bloated system rife with patronage and waste is a bad policy. And I think the Tribune put it well last year when they said throwing more tax money at Cook County is a proven recipe for yesterday's failure at tomorrow's higher price. Until Cook County streamlines its system, consolidates agencies, modernizes it, brings in reform to control their costs, people should not be forced to pay the highest sales tax in the country. It… I… My district, my Cook County part of my district, is near the DuPage County line. People are voting with their feet, not spending money in the Cook County part of the district, so they can save on the sales tax. That does hurt local businesses. It encourages people to drive farther and waste gasoline and it's a poor policy. If we roll this back, we're going to force Cook County to have to come to grips with living within their means. So, I strongly support this Bill and encourage my colleagues to do so as well. Thank you."
"The Chair recognizes the Gentleman from Cook, Representative Ken Dunkin." 09600033.doc 28 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I'm just curious, have we… are there other counties in the State of Illinois that has had their taxes repealed at the state level?"
"No, because in every other of the 101 counties that we have in the state those counties, in order to raise the sales tax, have to go to referendum and let the people of their county decide whether or not it's a good thing to raise taxes for that county."
"So, what precedent would this type of Bill, this measure, have on county governments or municipalities, for that matter?"
"This has no precedent on any other county except for Cook County, because right now what… what I'm asking for in this Bill affects 101 counties already. That's the law of our state already. It's only Cook County that has an exception and that we're changing that exception so that it's the same as the other 101 counties."
"And so, why do you think Cook County has that exception?"
"Well, in retrospect, I guess I'm not sure. Obviously, it was done by population at the time. I wasn't here when that was put in and I'm not saying that Home Rule… you know, having a Home Rule county is bad, but I think if the state gave them that power, the state does have some responsibility to make sure that it doesn't abuse that power." 09600033.doc 29 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"So, do you have any idea what the fiscal impact is or would be on their county… on the county budget of Cook County, if we were to repeal this tax?"
"In my opinion, if the county decides that they want that same tax, the same revenue, they can go to referendum and ask the voters in their county who are impacted."
"So, Representative, if we were to pass this measure successfully, what… what would be… what is the fiscal impact… what would be the fiscal impact on the county of Cook, immediately?"
"The… actually, the fiscal impact, right now, I don't have those figures, but again, I believe… oh, really, I'm sorry. I'm looking at… if you give me one second. I believe that the 1 percent sales tax increase in Cook County was set to have raised approximately $234 million in their budget for 2009."
"What is the county's budget, Representative? What's their annual budget?"
"I… I believe it's a little over 3 billion."
"Okay. So, you're estimating, you're not certain, that you… but you think it will be about $237 million."
"Two hundred and thirty-four, approximately. We don't know."
"Where are you getting that number from, Representative?"
"Well, I think that was the shortfall in their budget last year and so they used this sales tax increase to make up their shortfall." 09600033.doc 30 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Okay. Do you have any idea what the fiscal impact would be on the health care system in Cook County?"
"Again, how they apportion their funding is up to the Cook County Board. And so, just like our state now, has a over eleven and a half billion dollar, if not more, shortfall in our budget from last year and this year. It's up to this Body to determine where that money… where the cuts may be if there are cuts."
"So, you don't know what the exact cost or an estimated cost of the health care system in Cook County and what the fiscal impact would be on the population?"
"I don't know…"
"Representative Dunkin, your time has expired. If you could bring your question to a close, I'd appreciate it."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, to the Bill. This is a very unprecedented move for a major county, a Home Rule county, that has elected responsibly individuals, 17 individuals to make decisions that have a real and effective impact on their local county. And for us to be down here trying to restrict local government and their ability whether do they want to raise taxes or not or make decisions, make cuts, or make additions, is something that we don't want to set precedent for. We have to… we probably may have to raise taxes here. Now, would we want the Federal Government to tell or dictate to us whether we have the ability or the right to administer or come up with legislation as we see fit that benefits the State of Illinois? I think not. And for us 09600033.doc 31 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 to tell a major county, such as Cook County, what they should and should not be doing, because even though they're much closer at that local level than we are as a State Government is a bad precedent. I think we should restrict or limit ourselves in interfering with local government. We should let… allow local leaders who are elected by the people, as we were, make those decisions at the local level and we should not be here trying to truncate or shorten their responsibility at the local level. I think it is irresponsible for us to do that at the county level and I would encourage Members on this chamber, on this floor, to vote 'no'."
"The Chair recognizes the Gentleman from Rock Island, Representative Mike Boland."
"Thank… thank you, Mr. Speaker. I have a great respect for, not only the Sponsor, but all of the Sponsors up there. I appreciate what they're trying to do for their areas, but the only problem is, we are a State Legislature and if we're going to do a tax relief Bill, which I greatly wish we would do and have a couple of great Bills providing property tax relief for disabled people, letting them come under the tax assessment freeze, helping our disabled veterans to qualify for the tax assessment freeze, you know. So, I think it's wonderful what they're doing for their area, but the problem is the rest of us in the rest of the state, we have tax problems as well and especially, property tax. Property tax in my region and in my own case are outrageous. You know, for some of us in our area, we're paying up to $8 thousand and more than that, in some 09600033.doc 32 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 instances, in property tax. And so, there is a great need for tax relief for the whole state. I would recommend that we, instead of passing a special area tax relief, that we instead put together a comprehensive tax relief program that would include property tax relief, especially for downstate and suburban areas outside of Cook County which are really having a terrible time with this recession. Folks are suffering. They need to keep their homes. Sales tax is a hated tax; it's a very bad tax, but the only thing is, you can pay sales tax, you know, if you've got a job, but if you don't have a job, you can lose your home due to property tax. So, unfortunately, although I'd like to help my friends in Cook County here who are sponsoring this, instead I'm going to have to vote against it and hope that we can get a comprehensive statewide tax relief program that helps to freeze the taxes of those citizens who are disabled and especially our disabled veterans. Thank you."
"The Chair recognizes the Gentleman from Cook, Representative Michael McAuliffe."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, how many members are currently in Cook County, how many commissioners?"
"Seventeen."
"How many does it take to pass a Bill to put that 1 percent increase in? How many members had to vote for that?"
"Nine, nine members." 09600033.doc 33 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Nine members. So, we're sitting here on the floor today, the people in my district have a 1 percent tax 'cause nine members from the Cook County Board felt there was a need to pass this Bill. Is that correct?"
"That's correct."
"Well, I have a Bill that would require three-fifths majority, that'd be 11 members out of the 18. I think that would be fairer, but to the Bill. The people, not just in Cook County, but also in my district, we pay city tax, county tax, state tax. We are taxed to death. I'm pretty sure I know what the outcome of this Bill will be today, but I'll tell you what, I'm looking forward to seeing what the outcome's going to be next February when some of these commissioners have to run for reelection. And I'll tell you what, some of them better wake up and they better start doing their homework and start looking at what they've done, because this tax not only does it hurt the people on the borders, we hear about the borders, the people out in Schaumburg that are going to Lake County. Furniture stores that are open in Lake County do a booming business, while there are other ones in Cook County don't. The people in the inner part of the City of Chicago, when they have to buy gasoline, have to buy groceries for their family, they can't… maybe they don't have the opportunity to drive out to Lake County or some of these other counties where they're… it's not taxed as high. So, this suffers, the people that live in the inner city, those are the people that we're supposed to be down here representing, trying to give them a break. And this recession, this time of what 09600033.doc 34 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 our economy's going through, people losing job… jobs on a daily basis. This is such a recessive tax that it hurts them so much. They don't have the grocery stores, they say, in other neighborhoods, so they're forced to buy groceries, pay that city tax, pay that county tax and also pay us a high state tax. So, I urge everyone to vote to support this Bill and repeal this 1 percent sales tax that a lot of people, not just only in my district, but through all of Cook County, I wish… I know if they had their say and they will have their say, that'll be next year, that this Bill… or this tax should be taken away. Thank you."
"The Chair recognizes the Gentleman from Cook, Representative Will Burns. Representative Will Burns."
"Thank you very much, Mr. Speaker. To the Bill. As a resident of Cook County and a Representative of the City of Chicago, I am concerned about our tax burden in the State of Illinois and in Cook County. But the problem is not just the sales tax, we rely too heavily on property taxes to fund our public schools and public services and this Bill is dealing with just one area of those tax problems. Here in the State of Illinois, we have a regressive income tax and regressive tax system and as we're trying to figure out how to deal with our budget problems, we need to be figuring out how we deal with our regressive system at the state level and how we provide real and meaningful property tax relief to folks back in Chicago and in Cook County and throughout the State of Illinois. Finally, this Bill takes away Home Rule authority. The members of the Cook County Board were elected; they have the authority under our 09600033.doc 35 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 Constitution and appropriate statutes to make these decisions. They made these decisions and they should be held accountable by the voters for making those decisions. If we don't want Home Rule authority, we don't want counties to have that power, then we should amend our Constitution and take away the power of Home Rule municipalities to tax themselves. So, with those comments in mind, I will be voting against this Bill, but I would look forward to working with the Sponsor and other folks in this chamber… looking forward to working with Sponsors and other Members of this chamber on real and meaningful property tax relief and tax fairness in the future. In… inquiry of the Chair."
"State your inquiry, Representative."
"What's the vote requirement for this Bill?"
"Restate it, Sir?"
"How many votes are required to… what's the Constitutional Majority to pass this Bill?"
"The parliamentarian will address that issue, Sir."
"Representative Burns, on behalf of the Speaker in response to your inquiry, under Article VII Section 6(g) of the Illinois Constitution, a limitation on a Home Rule unit's power to tax requires a three-fifths vote. So, therefore, this Bill requires 71 votes for passage."
"Mr. Speaker."
"Anything further, Mr. Burns?" 09600033.doc 36 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Mr. Speaker, I'd like to request a verification on the Roll Call."
Speaker Lyons: "Verification has been requested by Representative Burns on this issue. Representative Fred Crespo."
"Thank you, Speaker and Members of the House. I stand in strong support of my friend's Bill, House Bill 715. I live in a border district; I border Page… DuPage and Kane County and ever since this tax went into effect, we had folks in my district who started shopping for large appliances and plasma screen TVs. Now, they're buying everyday things. They're going to grocery shopping across the street. It's having a very detrimental impact on my municipalities. Now, notwithstanding all the issues with Cook County, we can belabor over much and how efficient they are… whatever it is. Our people get it, Ladies and Gentlemen, nothing is free. They're willing to pay, but the fundamental question too, that I ask you to consider is, what's the ROI? What's the return on their investment? And think about that. In my district when they ask me that question, you know what, we're pretty lucky to get 20 cents on the dollar. It's unfair… it's grossly unfair, and I hope you all join me in supporting Representative Mathias's Bill. Thank you."
"The Gentleman from Cook, Representative Lou Lang."
"Thank you. Mr. Speaker, first, a couple of cleanup items. I would like to ask the parliamentarian how many votes this Bill will take to pass." 09600033.doc 37 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Representative Lang, I know you were busy in conversation. Representative Burns asked that and the parliamentarian did address that will take 71 votes."
"All right. Thank you. And the second thing is before I begin speaking, if this Bill should get the requisite number, I would ask for a verification."
Speaker Lyons: "A verification has also been asked by Representative Burns."
"All right."
"So, he beat you to the punch, Lou."
"Then I guess I should pay more attention. Mr. Speaker, Ladies and Gentlemen, I… I am not a big fan of the new sales taxes in Cook County, as you know I live there. My constituents are not real fans of those taxes and I would have wished the county board would have done this in a different way. However, Ladies and Gentlemen, they didn't do it in a different way. Are we going to micromanage local affairs from Springfield every time we don't like what they do, for political reasons? I don't think that's our role. There's a lot of people in this… Mr. Speaker, can I have some quiet, please?"
"Ladies and Gentlemen, we're discussing a very, very serious issue. I'd ask if Members of the chamber could bring the conversations down, please."
"Thank you, Mr. Speaker."
"Thank you very much."
"We talk, on this House Floor, about local control all the time: local control of schools, local control of counties, local control of townships, local control of 09600033.doc 38 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 municipalities, local control, local control. But whenever some of us feel it's in our best political interest not to be for local control, well, then that's okay. So, we stand on the House Floor and we pontificate and we turn everything into politics so we can send a press release out or a nice colored brochure for our next election, but the fact is, Ladies and Gentlemen, sometime in this chamber it'd be nice to have a… at least a small group of us who believe that we should have a philosophy of government that goes from day to day to day and does not change with the wind. Ladies and Gentlemen, this Bill does that. This Bill says, well, you know, Representative, we believe in local control, but not this time. This time we think the Cook County Board has gone too far, so we are going to tell the Cook County Board what to do. We're going to tell them to have a referendum or we're going to tell them they need a three-fifths vote or we're going to tell them to roll back their taxes or we're going to tell them this or that or the other thing. A Home Rule unit in the State of Illinois, a sovereign government in the State of Illinois that has the right to do whatever they want to do with these taxes, we are going to stand on this floor and tell them, no, you can't do it. And not only are we going to tell them, no, you can't do it, but we're not going to give them any relief. So, we're going to say today, you know what, whatever taxes you've collected, you can't collect them anymore; you can't spend them anymore and whatever budget you created for this fiscal year, forget about it. You figure out how to do it. So, we're just going to take 09600033.doc 39 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 the power to tax away from you. We're going to take the power we've given you for local control away from you, but we have no interest whatsoever in helping you with a solution to your problem. So, not only do you have the fiscal crisis, Cook County, but we're going to tell you what you can do and we're going to give you no relief whatsoever from the problem we will create for you when we pass this Bill. Now, the Sponsor will say, well, I'm not doing that, Representative, all I want… all I want is a referendum. What's the matter with that? Turn it over to the people? Well, there's no problem with a referendum except that Cook County is its own sovereign, Home Rule government that has the right to make any decisions they want for the people that live in Cook County. And there is relief, that relief is the next election. So, if the people of Cook County don't like what their County Board has done… and by the way, count me in, I'm not too happy with those taxes either… the people can vote new people in. They can vote Mr. Stroger out, all the commissioners out and start all over. But this is the wrong Bill; it's wrong public policy and it should be defeated."
Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Rosemary Mulligan."
"Thank you, Mr. Speaker. I'd like this on Extended Debate."
"We're letting the debate go, Rosemary, but we're still limiting the speeches to about 5 minutes."
"All right. I've listened to some of this and I think it's really interesting when people say that we are 09600033.doc 40 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 imposing our will on Cook County. I'm a member of Cook County and they've imposed their will on us repeatedly in our area. The O'Hare quick-take which was put in place by this Body years ago is the most punitive quick-take in the country. The fact that we went for tax caps through this Body for that area, the fact that they could not get Chicago school reform without the Republicans in this Body 10 to 12 years ago. I don't think that asking for relief through this Body is unusual or something new. It has been done repeatedly. The fact of the matter is that tax was instituted by someone who was elected through a sham after his father was ill and they misrepresented what was happening and now what we have is someone that's governing, asking for the state to constantly bail them out, even though they have the highest property tax… or the highest sales tax and the highest property taxes in the area in Cook County, we then have the… they come to the General Assembly to bail them out constantly. They can't even function on what they asked for. They keep asking for more bonding authority and more money. Obviously, the governing there is not good and the people in this area that represent Cook County are stunned by the fact that we are losing businesses. When you go in and purchase something, who wouldn't go across to Lake, who wouldn't go to DuPage. Why are local businesses losing money because the greed in Cook County and that government is unbelievable. How should they budget? They shouldn't have cut services at the hospital, they shouldn't have come back to ask us, they shouldn't have hired their cronies and expanded… the people 09600033.doc 41 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 that they hired. Todd Stroger has expanded the number of people that he hired after saying he was govern responsibly. The bottom line is they're not governing responsibly. Anybody, whether you're from Chicago as a Representative, or from the area, Chicago has the highest taxes in the area. They're losing businesses. I don't know how you can continue on like this and take a look and not ask for relief. You may not vote for this and I agree, we should do a verification. I think the names of the people that represent that area that don't vote for this relief ought to be ingrained in the newspaper and in the minds of the people. If the Tribune does a countdown 'til Stroger's next election, let’s all be there and figure out who is the ones that are saving the people of Cook County from oppressive taxes. What we have here is rule that has been imposed by the General Assembly that's punitive to many of our areas, particularly the suburban areas, but when we come back and ask for some relief on something that seems to be a fair thing to do because the total tax in Illinois is being obscured from the businesses that we're losing, then make your statements and get up and protect your cronies and your friends, because they come out of the suburbs to walk for you and to do the things that they need to do. Todd Stroger is not running that government right. That sales tax is way over the top and you add into it the current financial condition of the country, Representative Mathias's Bill is right on point. We need to give relief to the taxpayers. We need to go back to what they were and Cook County government needs to figure out how to live 09600033.doc 42 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 within its means, less cronies hired and more people there that know how to do the job and manage. This is ridiculous. Every time we go into argue about O'Hare, they can do quick-take that this Body gave them. Remember that. Tax caps that this Body gave them that hurts our school districts and raises our property taxes, school reform which Chicago could not get done without the Republicans in charge of the General Assembly, only one Democrat voted for that Bill and she was castigated for years. She's proven to be the only one that was smart in the whole group. I urge you to vote for this Bill and to take a look at what's happening in Cook County. It's not helping the state; it's not helping the people of Cook County and the baloney that's brought out about this and the people that they've hired and padded the payrolls should be taken into account. I hope the newspapers continue to go after Stroger; I hope they continue until the next election to point out how poorly Cook County is being run."
"The Gentleman from Cook, Representative Jim Durkin."
"Thank you, Mr. Speaker. I rise in support of this Bill. I live in a border town, Western Springs, in the west suburbs and what's happening out there is very similar to what you're seeing in the south suburbs and also in the north suburbs. Cook County residents are traveling into the other counties to purchase goods, basic necessities of life. I'm quite… I'm a consumer. I've got a family of four kids and I'm tired of driving over to DuPage County, even though they're my friends, so in effect we're helping 09600033.doc 43 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 out Cook County. I've talked about it with Deriick Blada up there and I think that the 'yes' vote is actually a vote in favor for him in Cook County government. But quite frankly, it's become a very big problem in these areas on the border and we should be able to purchase things that are important for us in Cook County where we like to live instead of traveling over the border. So, I rise in support."
Speaker Lyons: "The Lady from Cook, Representative Debbie Graham."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative Mathias, can you tell me… there were some things that were said by some of the colleagues on the other side of the aisle about what is being taxed and what is not being taxed. Can you tell me what items are being taxed under the county tax system?"
"You mean, individual i… I'm not sure what your question's saying. What individual items are being taxed?"
"Yes. Because there are some things that are being taxed with the tax increase that the county implemented and there are some things that are not. I think some of the comments on the other side of the aisle have been a little misleading, so I'd like for you to be able to tell us what is being taxed and what is not being taxed."
"I… I don't, right now, have the exemptions. I could, obviously, find those out and let you know, but I don't have the… obviously, the general sales tax, but I don't have the exemptions." 09600033.doc 44 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Well, some of the items that was sprouted out over there was food. So, food that is going… food that is purchased from the market, is that taxed, from the grocery stores?"
"I'm sorry."
"Is food from the grocery stores taxed with the county tax?"
"No, it isn't."
"Okay. Is medicine taxed with the county tax?"
"No, it isn't."
"Are houses taxed with the county tax?"
"You mean the purchase…"
"Yes."
"Not with a sales tax, no."
"Are RVs taxed with the sales tax?"
"I don't believe so."
"Are glasses taxed with county tax?"
"I… I don't believe so."
"Are contacts taxed with the county tax?"
"I don't believe so."
"Consumable goods that you put inside your body, are they taxed with the county tax?"
"No, they're not."
"What are… what is taxed wit the county tax?"
"Probably everything else that you men… that you didn't mention."
"So, I would say that the county has taken a chance to look at some of the items that are being taxed. I'm sure that it had to be a complicated decision that had to be 09600033.doc 45 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 made by some of the county commissioners. There are 14 clinics throughout the county that would be closed if this county tax hadn't gone up. I would agree with some of my colleagues on the other side of the aisle that the County Board has done a poor job in telling us why they needed to raise the tax, but the tax was necessary for the people in the areas who rely on those clinics to provide the health care that they do not have health care coverage to support themselves with. So, I would agree that the county has done a poor job in communicating with us why this tax was needed and I'm sure they turnover every day in their beds thinking that this is a complicated issue and we continue to blow helium into it and to look at it as if it's done something wrong. I think that they did a lot of… have taken a lot of time to single out some of the items that some of your colleagues call a necessity, 'cause I would call food at a grocery store a necessity; I would call medicine a necessity; I would call housing a necessity; I would call glasses a necessity; I would call contacts a necessity, which are all not being taxed under the county tax. So, I would urge my colleagues to continue to listen to the debate, but sort out what the truth and myths are in this debate. And I would urge a 'no' vote."
Speaker Lyons: "The Gentleman from Bond, Representative Stephens."
"Mr. Speaker, to the Bill and just to talk about the process. This was a Bill that Representative Mathias obviously feels very strongly about. We had… he filed it accordingly, got stuck in committee, we had to file a 09600033.doc 46 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 discharge Motions. But that… at those times we got no support. Where were the cosponsors that day? I don't know. All of a sudden, I suspect, Speaker Madigan got involved and said, you know what, we've got some… we've got some folks that are in electoral jeopardy on our side of the aisle and this is going to make them look good. And I suspect that maybe he went to the Sponsor and said, you know what, I think I can get this Bill called for you. I suspect that he said, Representative, maybe if you add some of our, not so electable, colleagues to your Bill, it’ll make them look good. They weren't there when you… they needed… when they were needed, but now, at the last moment, I think the records will indicate that they were probably added… I just suspect this… they were probably added as cosponsors just today. Just today, what a great press release. What a great press release. The proof of the matter will be when those Representatives that joined the battle today, for political reasons, get the Governor to sign the Bill, but no, that's not going to happen. But there'll be this press release and e-newsletters go out. Oh, my, I'm here to save you. I'm here to save the people of Cook County, but where were you when it mattered? Where were you? You were not to be found."
Speaker Lyons: "Representative Froehlich to close. Representative Mathias to close. My apologies, Sid."
"That's okay. I guess you made Representative Stephens's point."
"It gets lonely up here, Representative." 09600033.doc 47 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Thank you, Members of the Body. This is a very, very important Bill. This doesn’t solve all of the ills of our state. It doesn't deal with property taxes. I'd be glad to work with both sides of the aisle to try to come up with something for property taxes. I just feel that there was a time when a Body… regardless of where that Body is… if it abuses its power and I understand that right now there's press releases, we’re going to close all these hospitals, well, maybe we shouldn't have hired the thousands of workers that maybe were not necessary and put that money into the hospitals in the first place, so it wouldn't be necessary to be here today discussing this. But 101 other counties in this state have to ask their residents when to raise the sales tax. I understand, coming myself as a mayor, former mayor of a Home Rule community, I understand what it means to overrule Home Rule authority. I do not take it lightly. But again, sometimes when in a… we cannot stand back and say, do what you want, you have the power, you can do anything you want. And stand back and say, well, they have the power, we have no responsibility. We gave them that power and if it's abused, we can take away that power and that's what I'm asking you to do. But not only just roll it back, but give them an opportunity that the 101 other counties in the state have, the opportunity to ask the people. Do you want us to raise the sales tax? Make your case like every school district in this state has to do and every other county. So, I ask to think, is this good for my constituents who are suffering because of this 09600033.doc 48 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 sales tax increase? Please, I ask you for an 'aye' vote. Thank you."
"Ladies and Gentlemen, after Extended Debate on House Bill 715, there is a request from Representative Burns for verification. Members, push your own switch. The question is, 'Should House Bill 715 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Two Members not voting. Representative Cultra. Mr. Clerk, take the record. On this issue, there are 61 Members voting 'yes', 55 Members voting 'no'. This Bill, having failed to receive the extraordinary Majority, is hereby declared failed. The Chair recognizes the Gentleman from Rock Island, Representative Pat Verschoore for a point of personal privilege."
"Thank you very much, Mr. Speaker. I'd like the Body to help me give a Springfield welcome to Clay Zwilling of the Sherrod FFA Chapter. He's the 2008-2009 Illinois State FFA President. He's the son of Al and Becky Zwilling of Sherrod and his advisor is Troy Coziahr. These SAEs include the state winning Beef Production Entrepreneurship, Swine Production, Diversified Livestock Production, Agricultural Communications Entrepreneurship. Clay has served as Chapter President, Vice President and second… Secretary. He has also served as a Section IV Vice President and a Section III President. Clay's favorite CDEs are Livestock and Public Speaking. After Clay's term, he will attend Lake Land College and participate on the 09600033.doc 49 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 Livestock Judging team. After Lake Land, he plans to attend the university to major in agricultural education to become a high school agricultural instructor. Please help me welcome Clay Zwilling from Sherrod, Illinois, right behind us."
Speaker Lyons: "Congratulations and welcome to Springfield. Enjoy your day. Representative John Fritchey, on page 41 of the Calendar, you have House Bill 4326. Read the Bill, Mr. Clerk."
"House Bill 4326, a Bill for an Act concerning local government. Third Reading of this House Bill."
"The Chair recognized the Gentleman from Cook, Representative John Fritchey."
"I simply request an 'aye' vote."
"Is there any discussion? The Chair recognizes the Gentleman from Jasper, Representative David Reis."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, just real quick. What exactly does your Bill do?"
"Well, if you want to get bogged down in details, Representative, we can go through this…"
"No, real quickly."
"Again, it actually is an excellent Bill. What this would provide is a situation where if a corporation was to receive public benefits, tax incentives, dollars, et cetera, by virtue of locating in a TIF district, they were to come in and build a facility, create jobs, et cetera, should they leave to go to another state that maybe gave 09600033.doc 50 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 them another deal, another municipality, another country, that they would have to reimburse the incentives that was given… that were given to them by that municipality. And the Bill provides that would be prorated. So, if they were there and they were going to receive benefits over a 23- year period and they picked up and left after 5 years, that they would have to reimburse the unused portion of those benefits back to the municipality. We've seen time and time again, it's happened throughout this state, companies are very quick and eager to line up and take the largess of public tax dollars to come in, then the next thing we know they turn around and say, we're moving these jobs to Mexico, but by the way, thanks for the millions of dollars that you gave us, see you. What we're going to say now is, if you're going to pick up and go, we can't keep you from doing that, but you're going to give us our money back."
"I have two… two questions and I'm just going to play devil's advocate for a second."
"Now, you're… Two more questions. That was already one, so one question left?"
"Two more. Is there any… is there any judicial angle at this? I mean, how can you go back and make them pay something that they leave or are there any criminal charges that can be filed? Would they just simply go to court? You're the… you're the attorney specialist here, so I'll let you…"
"Well, it would simply be a statutory requirement, so thereby the municipality would have leverage and they'd come and say, okay, if you are going to pick up and leave, 09600033.doc 51 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 you are going to be on the hook for us… to us for 'x' million of dollars. And the company would either have to factor that into their decision and make that payment or obviously, be subject to litigation at the time."
"And my real devil's advocate here and I agree with your concept is, do you think this will hurt…"
"Well, could you repeat that last part… repeat that last part again."
"I agree with your concept…"
"Okay. I… I don't…"
"…'cause I hear about this as well."
"I don't hear that from you too often."
"But at the same time, do you think this will hurt communities attracting jobs? We all take a risk when we do this. We pay for infrastructure improvements; we give them tax abatements; we do the TIF things. Do you think this will hurt communities by them saying, you know, I just don't want to take that risk; we're not going to locate in your community."
"Oh, no, no, quite to the contrary. I think this makes sure that everybody is on a level playing field and we'll be protecting our taxpayers. When communities go into an agreement like this, it's because they are willing to give up tax dollars because they believe that there are jobs and economic development coming in return for those grants and incentives. But what's happened, as I said on numerous occasions, is the taxpayers have paid out the benefits only to watch these companies come and go and take the jobs with them and they're left, not in the same 09600033.doc 52 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 position they were, they're left in a worse position than they were…"
"Financially."
"…because they don't have the jobs, they don't have… they don't have the economic infusion into the community, and what they also don't have are the tax dollars and tax abatement that they gave up to get that company there to start with."
"Okay. Thank you, Representative."
"The Gentleman from Knox, Representative Don Moffitt."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I certainly agree with the intent of what you're trying to do here. Just a few years ago, I know Representative Franks had a Bill dealing with… if incentives are offered, and I think it was called a claw back, is what it was and I don't know if that was just for… for enterprise zones, but my question is this. How does this differ from any other legislation like that? And I… I certainly… I was one of the Sponsors for Representative Franks' Bill. It's so unfortunate when a business comes in, takes the incentives and then leaves. And so, I agree with what you're doing, but does this differ from what Representative Franks did? It appears to be the same intent at least."
"It… it's a broader attempt to get at the same issue, so we can go after any business that comes into a TIF district, but I'm trying to be fair about it. As I said, 09600033.doc 53 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 there’s… there's a prorations clause in there, so we're not going to say, you know, if you were there for half the time and you leave, give us back all the money. In that case, give us back half the money. But it is… it emanates from the same type of situation, from the same type of taxpayer injustice, but I think in a broader stroke that would give us more protection and this would, obviously, apply to TIF districts around the state."
"Okay. Well, again, I appreciate you bringing this forward. I represent a community where this very thing happened. The industry was there. They received a lot of incentives and then… at the expense of the taxpayers and then left. So, this is really I see is taxpayer protection. It’s… levels the playing field across the state and so, I commend you for what you're doing. Thank you."
"Thank you."
"The Gentleman from McHenry, Representative Jack Franks."
"Thank you, Mr. Speaker. To the Bill."
"To…"
"I had heard the previous speakers and I appreciate the comments, but to talk about… one of them had said how this is going to hurt business. I don't think so at all. I think whenever you have standards that are objective rather than subjective it helps businesses to plan. I think it's very important, and Mr. Moffitt had talked about the Corporate Accountability Act that he worked hard on with me, because we both had the same type of thing happen in 09600033.doc 54 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 our district, we had the Motorola plants and I believe, Maytag… you had the Maytag issue. I think it's important that tax dollars are spent correctly. And I really appreciate what Mr. Fritchey has done with the claw back provisions. I think it makes it fair and equitable to all… all those involved. I think it helps keeps honest people honest. I can tell you that our Bill that we passed a few years ago, the Corporate Accountability Act, was used as a model Act thereafter for many other states. It didn't incorporate this important provision, frankly, 'cause I hadn't thought of it. So, I think, John, you did… you're doing the citizens a real service by bringing this forward and I applaud your efforts. And I hope everyone votes for this Bill."
"The Gentleman from Vermilion, Representative Bill Black."
"Thank you very much, Mr. Speaker. An inquiry of the Chair."
"State your inquiry, Sir."
"It's been rather noisy in here. Are we still on the sales tax issue?"
"We passed that by. We're on a TIF Bill, Mr. Black."
"Oh, you passed it. I don't think you did."
"Passed over that issue."
"Oh, you mean, you've gone past it."
"We've gone past that."
"I see. Well, I was confused. Will the Sponsor yield?"
"The Sponsor yields." 09600033.doc 55 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Representative, the question that I need… am glad to see you're eating an apple grown in Illinois. I know you're an agricultural supporter."
"I have a lot of orchards in my district."
"That's right."
"A lot of people don't know that."
"Well, and I understand you're also an athletic supporter, but that's a whole ‘nother story. Where's the guy on the snare drum? The only question I have about your Bill, Representative, and it may have been answered already and I apologize, but it has been rather noisy in here. If… if a municipality utilizing a current TIF agreement has a binding contract with a developer or somebody who took advantage of the TIF and because of the current economy is not able to do everything that was in the agreement, will they be subject to these potential penalties or does… Well, I guess what I'm trying to say, is there a retroactive provision in this that would abrogate current binding contracts between entities and the municipality that had the TIF agreement?"
"The problem is your question's better than my answer's going to be and that is, I'm not sure. We've looked at this. I'm not sure of the applicability. I think that an argument could be made that if a company were to move out of a TIF district subsequent to this Bill becoming law, should it become law, I would be very surprised if the municipality did not try to invoke this. At the same time, I think that the defense would be made that this was not in place at the time of the agreement and 09600033.doc 56 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 would not be applicable. I don't know the answer. I would like to see it be applicable, because I think that tax dollars are tax dollars and fair is fair and if an agreement was made, it should be honored. At the same time, obviously, I am not one that's keen on changing the rules after the fact. I will note that many agreements already have this in place where they say, hey, should you leave, you know, we get the $500 thousand in tax abatements refunded to us. But a lot of agreements don't have that and that's why I think there's a need for legislation like this. It was, obviously, not my intention to make light of what's an important question…"
"Yeah."
"…and I don't know what the answer is. I really don't."
"Well, let me… let me ask someone of your legal expertise, should the Bill become law can that… can the… can this law go back in time and enforce a provision that was not in the binding agreement?"
"I think that's the same question asked…"
"Right…"
"…a different way."
"…phrased differently."
"I'm not…"
"I'm trying to trip you up as best I can."
"It doesn't take much. I just… I don't know… I don't know the answer. I think… I think that it would be tried to… it would try to be used that way. I would not be adverse to it being used that way. Whether or not a court 09600033.doc 57 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 will find that to be the case, I don't know. We are not supplementing or really abrogating any terms of existing contracts; however, this would obviously be something that will be used in interpreting what would happen in the event of a default of the contract. Now, my…"
"All right."
"…and this is, let me be very clear, this is a guess, but an educated guess on my part, is that many of these agreements have remedies in there for what would happen in the event that a company would leave. Many of those other agreements also have language in there saying that the agreement will be construed in accordance with the laws of the State of Illinois. Should this become a law of the State of Illinois, I think it's something that becomes a… an issue to the extent that it does change the balance and change the landscape of these existing agreements. I think it should be noted though, that it changes the balance and the landscape squarely in favor of taxpayers and municipalities."
"So, I guess there is no definitive answer other than if it's a… a retroactive provision, the courts would probably weigh in as to how that was enforceable, correct?"
"Representative Black, your time has expired. If you could conclude your remarks, we'd appreciate it."
"Yeah. Well, Mr. Speaker, I certainly will try, but let me admonish the Chair. I got to ask 30 seconds worth of questions. He got to use almost four and a half minutes in answers. Now, most attorneys are paid…"
"They were tough answers." 09600033.doc 58 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"…by the hour not by the word. I'm beginning to think perhaps Representative Fritchey has stumbled on a new way to do billy… billable amounts. All right. I had at least a minute's worth of questions that I didn't get to answer, but I have great respect for you in the Chair and I… I think I…"
"And we always extend it for…"
"…and you are… you're very kind to do so."
"…you know, for an extra minute or so, Sir, so please continue."
"You are very kind to do so. I think I got the answer that I was looking for and that is that Representative Fritchey wasn't sure of the answer, which always helps."
Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Rosemary Mulligan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, what if a municipality negotiates around this law, should it become law? Do the citizens of that municipality have a right to step in and do anything about it or would just be complaining, but could they negotiate it away?"
"Yes, it could be. The second part of the answer is, no, they would not have. It's an agreement that is entered into between the relevant municipality and the relevant corporation. So, obviously, to the extent that the municipality has the authority to enter into these types of agreements, they'll do so as they see fit." 09600033.doc 59 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Well, I think in our area that's been quite controversial for a while now, the number of… of TIF agreements that were being entered into in some of the local municipalities. So, if this just goes on record… It doesn't really have a whole lot of force unless the municipality chooses not to negotiate that away."
"Well, I think that we would make clear that, absent an affirmative effort to negotiate this away, it would be the law of the land. I would be very suspect of any municipality wanting to negotiate away what is clearly a protection for them which is saying, we are giving you 'x' dollars in tax abatements; we are giving you 'x' dollars in incentives, et cetera, et cetera, with the plan that you will be here for the duration of the TIF district for 23 years or whatever it may be, but hey, if you leave in 3 years, that's okay take our money and run. I would hope that municipalities would not want to put a clause like that in there."
"Well, it depends on local municipalities…"
"Without question."
"…and how they have it. But now, if the TIF agreement… the local TIF agreement was silent to it, then it would be considered a viable option for a municipality. Am I correct in assuming that or is that a bad assumption?"
"Can you restate that, please?"
"If the TIF agreement was silent to this provision, would I be correct or incorrect in assuming that it would go into force?"
"You will be correct." 09600033.doc 60 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"That it would go into force, if the agreement was silent because…"
"Oh, yeah."
"…it would be the law in Illinois."
"Absent it being excluded, this provision, then this would be… this would be controlling law in interpreting the agreement. I con… I considered at the time putting something in there that would say that you would not be able to negotiate away this provision, but I felt that that was an undue interference on the ability of municipalities to enter into agreements as they see fit. So, what I'm trying to do is allow as much contractual leeway as I can while still protecting the taxpayers to the fullest extent."
"Okay. So, having worked in this area before I was in the General Assembly, which seems like the Dark Ages, it seems to me that depending on who you're representing, the developer or the municipality, is how you're going to negotiate this agreement. But it wouldn't be a bad law to have on the books for the simple reason that a lot of these are going down right now and then the community who has given up benefits for their local schools and other issues may find themselves cut out by particularly aldermen or other people that… development directors who have negotiated bad agreements. So, I think it's not bad for the local people to know that you have a law like this to take a look at it when it comes before a city council or however they're going to approve it. But I think it's a really good idea." 09600033.doc 61 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Well, I appreciate that, thank you."
"Representative Fritchey to close."
"I guess we could have done this without the debate, but I'm actually glad we did have the debate. Folks, this really is a good piece of commonsense legislation when you talk about things that are not only good government, but pro taxpayer and that can benefit all of our regions regardless of where we're located in the state, regardless of our Party. Obviously, all of us want to be diligent in protecting the taxpayers' dollars that we invest into economic development. This Bill will help us do that. And I re…"
"John, you okay? Can we call the Bill? Mr… The question is, 'Should House Bill 4236 (sic-4326) pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mendoza. Representative Cultra. Mr. Clerk, take the record. On this Bill, there are 115 Members voting 'yes', 1 Member voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Michael McAuliffe, on page 40 of the Calendar, you have House Bill 2540. Read the Bill, Mr. Clerk."
"House Bill 2540, a Bill for an Act concerning public employee benefits. Third Reading of this House Bill."
"The Chair recognizes the Gentleman from Cook, Representative Michael McAuliffe." 09600033.doc 62 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Thank you, Mr. Speaker. I filed an Amendment, so can we take this Bill out of the record?"
"Mr. Clerk, on the request of the Sponsor… would you like this moved to Second Reading? Move this Bill from Third to Second Reading. Representative Debbie Graham, on page 39 of the Calendar, you have House Bill 179. Read the Bill, Mr. Clerk."
"House Bill 179, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Deborah Graham."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I have before you House Bill 179 regarding minor protection… regarding minor protection. The law currently states that if you have a minor in your home under the age of 14 you must store your gun in a locked box or with a trigger lock or in any other reasonable place. House Bill 179 seeks to move… remove 'any other reasonable place' and raise the age from 14 to 18. There's been a lot of talk about the Heller decision. Heller does, in fact, say that a man has the right to protect himself, but Heller is quiet or silent on minor protection. This Bill does allow for families who have trained in giving their children permission to handle their handguns. This Bill does allow for that. We're talking about families who are not as familiar with handguns and having their guns properly stored when there have min… when they have minors in the home. I'll attempt to answer any questions at this time." 09600033.doc 63 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
Speaker Lyons: "The Chair recognizes the Gentleman from Jackson, Representative Michael Bost."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, so basically, what you're wanting to do is… is right now if… if a person has a gun in their home and… now, this is if a person under the age of 18 gets hold of that weapon, is that the way this works?"
"Restate your question, please?"
"I just need to know exactly what the Bill does, again. I'm sorry. It was kind of loud on this side of the aisle when you were explaining it."
"This Bill simply focuses on protecting minors in the home, if a person has a handgun in their house. It's all about minor protection. It's about children in your home who are not as sophisticated as maybe your children would be 'cause I'm sure that you've taken the time to train your children and they possibly have FOID cards and that sort of thing."
"What… what…"
"But this is for areas for… who… whose family may not be as well-versed in handgun ownership as yours."
"Okay. Then here… here's my question. What… what clarifies that a person or that… that youth has been certified and has had actually understands what they're doing with a handgun? What… what triggers… no pun intended… this… that this is a violation? Do they… do they have to like use the gun or some…" 09600033.doc 64 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Representative, I would pray to God that the children would not get access to it. This is a precautionary measure meant… trying to prevent any accidents from happening. But I presume…"
"So… so…"
"…that if… if… I presume, if I may continue to answer your question."
"Okay."
"…if the authorities would know that your handgun was unlocked, an accident probably presumably happened."
"Okay. Here's, once again, the… All right. So, a person would be in violation of this law if they have a child in their home that is under 18 and that does… and that child under 18 lives in the home and they have a handgun that is available and not in a locked box, they're in violation here. Is that correct?"
"Representative, we wouldn't know that not unless something had happened. Again, this is a precautionary measure…"
"No, no, no. I just need you to answer the question."
"…and if they have a child in their home under the age of 18 that they have not given that child permission to handle that handgun, that would probably be a potential for an issue there."
"Okay. Here… that's… that's what I'm trying to figure out exactly what you're saying in the law. So… so, if… Hold on just a minute. Can we… can… I’m…"
"Right. Yeah. Is it… Representative, the law currently states that right now that is still an issue, 09600033.doc 65 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 right now in the law. All I'm seeking to do is remove 'any other reasonable place' and raise the age from 14 to 18. Whatever your presumed questions are would be the same under the very same existing law."
"Okay. That's what I'm trying to understand and I'm sorry, Representative, I am having trouble hearing over here."
"Sure."
"Your Bill, basically, says that if a person owns a handgun and their child under 18 has access to that handgun, that person that owns the home is in violation of the law. Is that correct? Yes, no?"
"No. Your… your question…"
"Okay."
"Wait a minute. Your question has a twofold answer. If there's a 18… a child in your home under the 18… age of 18 and the gun is accessible and you have given that child permission, you wouldn't have any issues."
"If I gave the child permission."
"Yes. If you gave that child permission…"
"So, then… then… then what are you trying…"
"…and you felt comfortable enough that he was comfortable with handling the handgun, you wouldn't have any issues 'cause the law currently provides that if you have given your child permission to handle it, you wouldn't have any issues."
"Well, then why do you need the Bill?"
"This is for children whose parents have not given them permission to have or handle a handgun…" 09600033.doc 66 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"So… so, here… here's my question."
"…who don't feel comfortable that their children can make that decision."
"Here's my question. Now, think about what we're doing here in the law. Okay. What… If a parent… Now, is a parent in violation of the law if this child gets access to this and they haven't given them permission? So, the parent who didn't give them permission is now in violation of the law if they chose not to give their kids access to the gun, cor…"
"Mr. Bost, your time has expired. If you'd take another minute or so to conclude your question, we'd appreciate it."
"Representative, I haven't gotten a clear answer on any of this yet. Could somebody yield me some time because obviously we're not figuring out exactly what this Bill does. We're going to give permission… now, think about what we just said. Now, if you have given your kids permission to have these handguns and to handle them, well, that's okay, but if you haven't, now you're in violation of the cri… of the law. I mean, well, I just… I'm trying to understand where we're going with this. Are we carrying guns Bills…"
"Mr. Bost, as you are surely aware of, when your time runs out, I try to give you another minute or two to conclude your remarks."
"Okay."
"So, if you'd be so kind as to do so, I'd appreciate it." 09600033.doc 67 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"All right. The Bill's very confusing. I'd love to conclude my marks… remarks, but obviously it's going to take more than five minutes."
Speaker Lyons: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."
"Thank you, Speaker. I would like to yield my time to Representative Bost after requesting that if this receives the requisite number of votes we do a verification. I request a verification and yield my time."
"Mr. Eddy has asked for a verification on this Bill. So, Members you will be voting your own switch. And Mr. Bost, you have another five minutes."
"Thank… thank you very much, Mr. Speaker. And I would like to remove this from Short Debate, if I could, please? I'm joined by Members of the… Okay. Representative, I'm going to try this again and I'm really trying to figure it out. You're telling me that if I've given permission to my children, obviously I'm not violated a cri… or I'm not in violation of the law here, but if I didn't, then I'm in violation of the law."
"We're just trying to increase parental responsibility. If your child… if you feel comfortable, which I'm sure in your household you probably have conditioned your children…"
"Yes, I have."
"…trained them. They probably have access to a FOID card and you're comfortable with them making the appropriate decision. This is for families who have handguns in their homes, who are not comfortable with their 09600033.doc 68 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 children having access to the handguns. Those guns should not be stored in 'any other reasonable place'. They should be locked or in a… or with a trigger lock, locked in a locked box or with a trigger lock."
"I understand what you're saying, but if the parent is responsible and says, okay, I haven't trained my children and I'm going to put them in the locked box and I'm going to do that. Okay. But I'm going to assume… and silly me for assuming… now, think about this. If a person has not put a… and what if… if a person has not put that in a locked box and their children gain access to it, they haven't given their children permission, the police come, they got access to this gun, now the police says we're going to charge you. What keeps the person from saying, you know what, I raised my kids around these guns and I… they have my permission."
"You said the parent said they have my permission?"
"Yeah."
"Then you don't have an issue. The current… under the current…"
"Then why do you have this…"
"…under the current statute, Representative, all I'm changing is 'any other reasonable place' and raising the lage… age. Under the current statute, your very same scenario would be he… the same results would exist, under the same… under the statute today."
"What… where does the burden of proof fall?"
"You are a parent; you're taking responsibility for your child and you said you had given your child 09600033.doc 69 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 responsible… permission to handle that handgun. Now, if you are the parent and you deny, you say you don't want him to handle the handgun, then I think you would have issues. So, where are you going to… where would you fall in that if the authorities would show up?"
"Okay. You're right. I'm going to have to wonder which parent would look at and say, I didn't give my child permission, so charge me. Can you tell me at which… at what point does that occur?"
"I think that… yeah, I think that when children… some children do things that their parents want their children to be responsible for, they own up to their part of what has happened. So, I mean, that… that's a very likely scenario. But under the current statute, Representative Bost, that same… the very same scenario the parent could own up to it or not own up to it, under the current law. You're not… you're not asking me anything that wouldn't be an issue under the current law."
"I think… I think I am because what you're saying and therein lies the problem and the concern that I have."
"I think you're putting a lot of effort into this in trying to confuse the people on this floor."
"Oh, no, no, no, Ma'am."
"You're putting a lot of effort because…"
"You could accuse me of a lot of things…"
"Yeah."
"…but I'm not trying to confuse people on this floor. These people on the floor…"
"Yes." 09600033.doc 70 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"…know exactly where they're at on this issue. The Bill itself…"
"Yeah."
"…is being very confusing to your constituents…"
"No. What you're…"
"…and the people of the State of Illinois when you go forward and say, oh well, we want to have this out there, so I can say I carried this Bill, but the reality is if you just simply say, never mind, I gave my child permission, then that's okay. Now, I don't think your constituents are going to like that."
"That's already current statute, Representative, again, that's already current statute."
"No, current statute says…"
"I would like for you to focus on the fact that I'm only raising the age from 14 to 18 and removing out of the law 'any other reasonable place'. All the scenarios that you're giving me are under the current statute. They would have an issue under the current statute. I haven't changed those conditions at all. I haven't changed those conditions at all."
"Thank you, Representative."
"All I’ve done, Members of the Body…"
"Thank you, Representative. To the Bill. Ladies and Gentlemen, once again, this is just the same garbage we deal with. This is… this is… This goes on and on. This does nothing. It is just an opportunity to carry… if you're on the antigun side, then you can do that; if you're 09600033.doc 71 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 on the progun, you can do that. This is ridiculous. Vote 'no'."
"The Chair recognizes the Gentleman from Bond, Representative Ron Stephens."
"Lady yield for a question?"
Speaker Lyons: "The Lady's ready for your questions, Representative."
"Thank you. Representative, as I understand it, a 17-year-old would be affected by this legislation, should it become law. Is that right?"
"Yes, it would be."
"Well, I've got a little bit of a problem with that. Earlier… in your earlier remarks, you said that maybe Representative… the Representative from Jackson, was… his family was different, but they're not exempted from this, are they?"
"Representative, when I said that… they're not exempt, because the example that I gave you was that I'm sure that the Representative has trained his children…"
"Right. But they're not exempt."
"…and probably would… They're not…"
"They're not exempt, are they?"
"They're not exempt, no."
"My 17-year-old wouldn't be exempt either."
"If you have given your 17-year-old permission to use a handgun… Representative, all I'm doing is raising the age from 14 to 18. All these conditions that you guys are putting out here today exist under current statute. They 09600033.doc 72 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 exist under the same statute… the current statute. I'm not changing any of those conditions. All I'm doing…"
"What… what are you changing then?"
"…is raising the age from 14 to 18."
"Okay. So, that includes 17-year-olds."
"And removing from the law 'any other reasonable place'."
"And I'll tell you why I personally have a reason with the 17-year-olds. You… you were here on the House Floor about this time last year when we honored a brave young soldier who happened to be my son…”
“Sure.”
“…and he stood right down there and he was awarded the Bronze Star for valor. And we were… we were all very compassionate toward him that day. I was with him when he was 17 years old and he was sworn into the United States Army and it was quite a proud day for me.”
“Right.”
“At 17 years old and he raises his hand and takes an oath to defend his country, the day before, should your Bill had been law at that time, the day before your Bill says that if he would have handled a weapon in my home, that he would be in violation of the law. Is that right?"
"Under current statute… under the current statute, he's exempt. And under the Bill that I'm proposing…"
"Why… why was he exempt?"
"Because he's in the military."
"No, no, no, the day before he raised his hand." 09600033.doc 73 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"If he's… if before he was in the military and you had given him permission to handle the handgun, he… he… you would not have had a issue."
"I had to give him permission."
"You had to give him permission."
"I had to give him permission."
"Yeah."
"But then on the next day he's sworn into the United States Army and he can…"
"He would have been exempt."
"…exempt, absolutely. So, one day he needs permission from his mom and dad and the next day he's asked to march off and defend his country, a job that he and many others have done quite well. And that's why we feel like, give us a break… give us a break. You don't exempt Representative Bost's children and you don't exempt mine. You say to us, well, I'm sure they're going to be just fine because you've trained them. They've gone through the Eddie the Eagle Program and they understand gun safety. Well, if that's true, if you believe that, when why… who are you protecting us from?"
"I'm not protecting you if you don't feel you need to be protected. But ask the officer who put his handgun on his dresser and his nightstand and his child shot himself in the head. Ask that officer would he had preferred to have stored his gun in what… some other place…"
"Well, you know what, this Bill doesn't change that…"
"…than that was 'any other reasonable place'."
"…does it? It doesn't change that, does it?" 09600033.doc 74 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"This Bill would."
"It doesn't change the act of irresponsibility of laying a handgun on a table that's cocked and loaded. Officer or not, tragedy or not, Bill or not, the child is still dead. And those acts of irresponsibility because the… because the people are untrained are the very Bills that we try to prevent… bring before you. And like the Representative from Cook County said yesterday, we need more education; we need more hands on guns in a safe manner so that we know that guns used irresponsibly, left out irresponsibly, are one that's going to cause danger. We know that. And what do you bring to us, but another way to punish children. To punish families that you say probably should be exempt, but they're not. They're not, so every 17-year-old in Illinois, go ahead and raise your hand and take an oath, so that you can be exempt, but…"
"Representative Stephens, we'll give you another minute. Please turn the microphone back on for another minute or so."
"I don't need the microphone. I don't need the microphone, 'cause I'm angry. I'm angry because we have a right to ask her questions. We have the right to defend ourselves and our families. We have rights. We have rights. We have rights."
"The Chair recognizes the Gentleman from White County, Representative Phelps."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. To the Bill. I believe the Sponsor of the Bill… House Bill 179, I believe… said that the Heller was silent 09600033.doc 75 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 on this issue, but I so happen to have the Supreme Court ruling in the Heller case right here and I'd add just a couple things of what it says. ‘Number 3, the handgun ban and the trigger lock requirement violate the Second Amendment.’ Then it goes on to say, ‘the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core and lawful purpose of self-defense and is hence unconstitutional.’ It's right here, folks. And I ask for a 'no' vote."
"The Gentleman from Jasper, Representative David Reis."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"The last Representative didn't give you a chance to respond on that. I mean, do we need anymore debate? The Supreme Court has ruled on this issue."
"The Supreme Court has, in fact, said that a man has the right to protect himself, but the… the ruling does not indicate whether or not you have children in your home. So, Heller's ruling is, in fact, silent on protecting children in your very own home. It is, in fact, silent. Point it out to me where is it in the ruling that it says if you have a child in your home, you don't have to bind your gun with a trigger lock. Show it to me. He has a decision…"
"It is an individual freedom…"
"Show it to me."
"…that applies to everyone." 09600033.doc 76 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"It doesn't have it in there. It is not in the ruling."
"Okay."
"The Gentleman has the ruling. I would yield to the Gentleman to show me in that ruling that is says if you have children in your home, you don't have to bound your handgun. I would ask the Gentleman to show it to me."
"I'll let you work into that colloquy, but what is the current law? Do they have to… you have to have your guns locked up now, right?"
"Yes, you do."
"So, if it's locked up…"
"The current… the current statute states…"
"…and we have statutes and criminal offenses for that, what is the reason for the trigger locks?"
"The current statute has trigger locks in it, Representative. My piece of legislation doesn't even address the trigger locks. It addresses raising the age from 14 to 18 and removing 'any other reasonable place'."
"'Other reasonable place'. So, first of all, we already have a handgun ban in Chicago, but there's still handguns. We have to have them locked up in a secure place, but they're not being locked up in a secure place. You have to have a trigger lock, but they're not having trigger locks. All you're doing is raising the age where someone might…"
"Exactly."
"…gain access to it."
"Yes and that's why I don't understand what the complication is. I'm raising the age from 14 to 18." 09600033.doc 77 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"If the first two laws didn't work, what makes you think the last one's going to work? Criminals are not going to abide by the first three and they're not going to abide by your law as well. And now we're getting down to policing words."
"Representative…"
"How do you know that someone didn't give permission to their 17-year-old to have…"
"…Representative, this Bill is not about criminals. This is not about criminals. I'm not even addressing that. This is about protecting the children in your home that you have not given permission to handle handguns."
"The reason they have a gun…"
"This is about minor protection, protecting your family."
"The reason they have guns to begin with is to protect themselves from the criminals, so that's the root of the whole discussion. So, why… why are we trying to police words? So, a parent gives someone alleged permission, a 17-year-old, to have access to that… to that weapon. Are… who said what? How are you going to ever… how are you ever going to prove that, that that discussion did or did not take place?"
"That's between you and the law enforcement. If something would happen, if your handgun was not stored properly…"
"It's unenforceable."
"…that would be between you and law enforcement."
"It is absolutely…" 09600033.doc 78 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"That's why we have courts of law is to make that distinction."
"Ladies and Gentlemen, to the Bill. We have laws and laws and laws on this. This isn't going to make anymore difference than the three laws that I mentioned that we already have in place and have criminal offenses for. It's unenforceable; it's unconstitutional and it flies in the face of a recent Supreme Court ruling. I ask for a 'no' vote."
"The Chair recognizes the Gentleman from Cook, Representative Harry Osterman."
"Thank you… thank you. Will the Sponsor yield?"
"Sponsor yields."
"Representative, you know, maybe it's loud and people don't understand or can't read the Bill, but… and that we're policing words when maybe they should read the Bill. The Bill simply changes the age of someone from 14 to 18 that if they get access to a firearm in a home without permission, they could… their parents can be charged for a violation of the law. Is that correct?"
"That's correct."
"Simply changes the law. It doesn't repeal the law; it doesn't do a lot of other things; it doesn't impose a lot of other things; it doesn't take away rights. It simply changes the age of an individual. It doesn't… doesn't disintegrate (sic-denigrate) the military or anything like that. The Sponsor in her integrity here is trying to help prevent tragic accidents in the home and tragic accidents that occur with children, that happen 09600033.doc 79 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 across the State of Illinois and the people of this Body should be interested in that and should care about that. And shouldn't waive the Heller decision and make false claims; they should focus on what the Bill does. They don't have to earn their stripes with the NRA today, focus on what the Bill does. And the Bill simply changes the age to protect teenagers from trying to get access to firearms, makes people more responsible we would hope, and we would hope that we wouldn't have to do this, but we do, because people do get access… children get access to firearms that they shouldn't be accessed to. So, I applaud the Sponsor's efforts and would encourage everyone to support this legislation."
"Representative Jim Durkin."
"Thank you, Mr. Speaker. To the Bill. I was the Sponsor of the Safe Storage Bill in 2000 and there was a lot of controversy over that at that time. But we were very deliberate and we were sure that we balanced the interest of the public safety versus the interest of individuals who want to enjoy their Second Amendment rights to protect their families and their property and that's why we created those three different exceptions: a trigger lock, or stored… locked or… in a container or to keep it out of a location where someone under the age of 18 or… forgot the actual language… would not get access to it. But by eliminating that section which keeps it from a location where a youth would be able to get at it, we're saying that it has to be locked, it has to be in a container and quite frankly, that was… this is inconsistent 09600033.doc 80 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 with what we did back in 2000. And at the end of the day, the intruder nor the home invader is going to give that homeowner a grace period to be able to go inside that container, try to, I know, work with the lock in order to defend themselves. So, I appreciate what the Sponsor's doing, but this is inconsistent with what we thought… what we had done back in 2000, which I think was good. It balanced the interests of everyone: the people that… who were a strong Second Amendment advocates, but also people who were looking for, you know, ways to increase public safety and keeping children from accessing weapons. So, I'm going to vote 'no'."
"Representative Black."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I certainly don't fault the Sponsor for what she's attempting to do and it's unfortunate that there are irresponsible people out there who, for whatever the reason and somebody mentioned it yesterday, they either weren't educated or oriented to what a firearm is and why it must be treated with great respect. I have a gun safe. Nobody has access to my house, except when the grandchildren come to visit, that any weapon that I have is locked up in a gun safe certainly when they come to visit, but I… I feel… I feel compelled to respond to something that a speaker said a while ago, that it's up to us… up to us as a Legislative Body to more or less mandate responsibility in the home. Now, I don't think that's our job. As tragic as some of these cases are, as foolish and unnecessary as they are, that's unfortunately, what people 09600033.doc 81 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 do. And all of the laws we pass and history is replete with… with noble attempts. Try prohibition, a noble attempt to wean this country from alcohol. It didn't work. In fact, it failed miserably, created an underground economy that is still with us in one form or another today. When we try to regulate a person's personal behavior, generally speaking, the record of Legislative Bodies to do that is not very effective, not very efficient, and generally doesn't work. Civil penalties may very well and often are used against these people. I don't know why people leave a loaded firearm out where somebody can get it. It's foolish. I can remember years ago when Representative Stephens tried to get this Body to permissively… permissively let school districts bring in the NRA curriculum on Eddie the Eagle that teaches gun safety, gun responsibility, what a firearm is and what it isn't and how you respect it. He was literally laughed out of the chamber and the Bill never surfaced again. In all due respect to the Sponsor and I know what she's trying to do, it's my responsibility and each of our collective responsibilities to maintain any kind of dangerous implement, whether it's a car, a firearm, a baseball bat that can be used and has been used to harm people, a knife. We try to regulate these things as best we can, but we just haven't had much success in getting some people to listen to common sense or to law. I… I commend you, Representative. I know you're sincere and I know you certainly have a problem in your area. I subscribe to the Chicago papers and my heart goes out to what goes on up 09600033.doc 82 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 there, but I'm not sure that if they don't follow the existing laws, they won't follow this either. And I… I've always wondered how difficult it would be if your lack of responsibility results in your child or another child in that neighborhood being killed or seriously injured because of your lack of responsibility to safely maintain and store a firearm. I would think, if you're any kind of a human being, the punishment you would carry for the rest of your life would be as severe if not more so than any time you might spend behind bars. The civil penalties may be of a greater deterrent and that is a lawsuit. I… again, my… my compliments to you for doing what you believe in and I think you're sincere in it, but in the years I've lived, I just haven't seen where this kind of legislation, trying to regulate a person's individual responsibility, doesn't work, doesn't work. And we could go on into a hundred things that happen in the home that make no sense to me: disabling a smoke detector, disabling a carbon monoxide detector and the list could go on and on and on. At some point, Ladies and Gentlemen, we need to get back to where this country used to be 80 to 100 years ago. Each of us must accept our responsibility for what we do or what we don't do and be held accountable in a civil action for our lack of that foresight and responsibility. I… I just can't support the Bill for the things that I've witnessed and watched and tried to learn from over the years. And I intend to vote 'no'."
"Representative Graham to close." 09600033.doc 83 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I know that this is a complicated piece of legislation for people who feel like their rights are being violated, but this Bill is simply about minor protection. If you have a child in your home under the age of 18, you must store your gun with a trigger lock or in a locked box and not in any other reasonable place. If you don't have children in your home, this piece of legislation doesn't even apply to you, it doesn't apply. This is not a Chicago issue. I've heard time and time again, when we've brought commonsense gun legislation to be voted on in this chamber, it's always being directed as this is a Chicago issue. This is not a Chicago issue. Accidents happen all over this state on a regular basis, something is happening… unfortunate tragedies happen and this is simply a preventative measure to prevent any further accidents from happening. The law already allows if you have given your child permission to handle the handguns, you are exempt from that. A number of the downstate families have trained their children; they have FOID cards and get that opportunity to go out with their families because they're conditioned. A lot of other areas just don't have those luxuries. I would ask that the Body give this piece of legislation a chance. I did talk in detail with the NRA over this piece of legislation and some decent talks did take place. I would ask this Body to consinner… consider giving me a 'yes' vote on this. I urge an 'aye' vote."
"Ladies and Gentlemen, Representative Roger Eddy has asked for a verification, so I'm asking all Members 09600033.doc 84 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 please push only your switch. The question is, 'Should House Bill 179 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Mr. Clerk, take the record. On this Bill, there are 54 Members voting 'yes', 62 Members voting 'no'. This Bill, having failed to get the Constitutional Majority, is hereby declared failed. Representative Cultra, for what reason do you have your light on?"
"A point of personal privilege."
"Please proceed, Representative."
"I would like a warm welcome to the Cissna Park seventh and eighth grade with their teacher Lynn Hassilbring. Thanks for coming down and observing Illinois State Government. They're here on the Republican side."
"Welcome seventh and eighth graders. Enjoy your day. Representative Sacia, you have a personal privilege you wish to announce?"
"I do, Mr. Speaker. Ladies and Gentlemen of the Body, last night I was unable to attend due to many other events going on, but two of our colleagues were honored as outstanding Legislators of the year by the Illinois Chiefs of Police. On the Democrat side of the aisle, Linda Chapa Via and on this side of the aisle, Representative Dennis Reboletti, two outstanding supporters of law enforcement."
Speaker Lyons: "Congratulations, Dennis. Congratulations, Linda. Representative Brauer, for what purpose do you seek recognition, Representative?" 09600033.doc 85 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"A personal privilege."
"Proceed."
"Ladies and Gentlemen of the House, please help welcome the newest Medicare poster child, Representative Poe. He turned 65 today. And he has Texas sheet cake and some butter cake in the back room."
"Happy birthday, Raymond. Many, many happy more… healthy more. Representative Michael Bost, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. A point of personal privilege."
"Please proceed."
"If I could have the Body's attention, I would like specifically to talk about the last debate. It was my understanding that inadvertently I did say something that maybe I shouldn't have… not have said. I did not even realize in the heat of the debate that I said it. I have great respect for this Body. I do not think that inappropriate language should ever be used on this floor and I apologize to the Body."
"That's appreciated, Representative. Thank you for your kind words. Representative Black, for what purpose do you seek recognition?"
"Thank you very much, Mr. Speaker, and if I could have the attention of the Body. I think there's a grievous matter that needs to be addressed by this Body. This did not used to happen and it suddenly has become an accepted practice and I think it's wrong, absolutely wrong. Mr. Speaker, my inquiry of the Chair is quite simple. When someone gets up to wish someone a happy birthday, that's 09600033.doc 86 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 fine, but I think it is irresponsible and perhaps even cruel to mention their age. Now, I would… I would suggest to Members of this Body, if you were introducing your mother or your grandfather or your grandmother or your father, you wouldn't say how old they were. And I… I chastise Representative Brauer for mentioning the fact that Raymond Poe, who was… allegedly turned 65. That does not need to be brought up. Just simply wish him a happy birthday. Look at that man back there. He does not look a day older than 63 and to put his age out here and subject him to public ridicule is just beyond the pale. We didn't used to do that. I'll bet none of you will get up when we come back from spring break and wish the Speaker happy birthday and tell the Speaker how old he is. I dare you to do that. Let's just eliminate this reference to age. Raymond Poe is a young man at heart and a phenomenal cook and if you haven't had any of his cake, may he have a birthday once a week. But we must drop this reference to age. I don't know how old Raymond Poe is. He looks like… I don't think he's a day over 63 and he could easily pass for a young man of 60. I've made my point."
"The truth does hurt sometimes, Representative. The Chair recognizes the Gentleman from Cook, Representative Fritchey."
"Thank you, Speaker. With respect to the Gentleman from Vermilion, I understand his concern and maybe just so we can do this the right way, he can inform us of how they used to do it at the Old State Capitol." 09600033.doc 87 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"The Chair recognizes the Gentleman from White, Representative Brandon Phelps."
"A point of personal privilege."
"Proceed, Representative."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. Representative Bill Black is absolutely right. I, too, am sorry for telling the age of my seatmate, Dan Reitz, when I called him double nickel, sorry."
"As we proceed from the Order of Birthdays, and discussions relevant to birthdays, Representative McAuliffe, you have House Bill 2584. Read the Bill, Mr. Clerk. Sorry, Mr. Clerk, it's House Bill 2582."
"House Bill 2582, a Bill for an Act concerning public employee benefits. Third Reading of this House Bill."
"The Gentleman from Cook, Representative Michael McAuliffe."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I have House Bill 2582 which would allow… this is only for the Chicago police force. It would allow the Chicago Aviation Police Department, Chicago Housing Authority Police to be able to buy some of their time if they became Chicago police officers. Last year we passed Senate Bill 2520 which was signed into law by Governor Pat Quinn this past February 17. That Bill that was passed and signed into law did not include these former police officers that served in these departments. And I’d just ask for that change so they can be included in it. And I'd be happy to answer any questions." 09600033.doc 88 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Is there any discussion on House Bill 2582? Seeing none, the question is, 'Should House Bill 2582 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Feigenholtz, Dugan, Shane Cultra, Toni Berrios. Arroyo. Would you like to be recorded? Mr. Clerk, take the record. On this Bill, there are 86 Members voting 'yes', 28 Members voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Art Turner in the Chair.”
“On the Order of Third Readings, Representative Harris, we have House Bill 2469. Read the Bill, Mr. Clerk."
"House Bill 2469, a Bill for an Act making appropriations. Third Reading of this House Bill."
"…from Cook, Representative Harris."
"Thank you, Mr. Speaker, Ladies and Gentlemen. This Bill is an appropriations Bill to restore 25 percent of the nearly $4 million in cuts to housing and services for homeless youth that were made in the Governor's budget. To answer some questions that may come from the other side of the aisle, we would assume this would come from GRF funds. I'd be happy to answer any questions."
"The Gentleman from Crawford, Representative Eddy, for what reason do you rise?"
"Thank you, Mr… thank you, Mr. Speaker. I think the Representative alluded to one of my questions and that had 09600033.doc 89 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 to do with where the money would come from. What was the FY9 funding level for this program, the appropriation, the original?"
"I can tell you that in the… I couldn't give you the exact number, but in the educational services for homeless youth there was a $3 million cut and in the homeless youth programs, housing and services there was a $700 thousand cut. So, 3.7 million altogether."
"Was cut in the Governor's introduced budget?"
"In the Governor's introduced budget."
"Now, is that a cut based on last year's appropriation or the last year's spending level, 'cause there's a difference between what the last year's budget appropriated and what was actually spent on this program."
"They were pretty close to the same. I'd have to go back and actually look at those figures. I don't want to mislead you, Representative."
"So, in Governor Qu… but the bottom line is in Governor Quinn's proposed budget, he cut how much?"
"Three point seven million dollars."
"And this appropriation intends to restore…"
"One million."
"…one million of the 3.7 million dollar cut…"
"Yes."
"…why… why one million of that cut? What…"
"Well, Representative, I understand that these are very tough economic times and that, you know, every group and every entity is going to have to give a little." 09600033.doc 90 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Okay. Well, I appreciate your answers. Ladies and Gentlemen of the House, this is yet another addition to the Governor's proposed budget and we know that that budget included spending that outpaced the revenue. And I would urge the Body to make that consideration and vote 'no' on these appropriations. There's… there's no money. The state cannot meet its current obligations and to think that we can continue to go on without making decisions like this that are very, very difficult fiscally, I think we're just kidding ourselves. I'd urge a 'no' vote."
"Seeing no further questions, the question is, 'Shall the House pass House Bill 2469?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 76 voting 'aye', 40 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings, Representative Hernandez, we have House Bill 3967. Read the Bill, Mr. Clerk."
"House Bill 3967, a Bill for an Act concerning aging. Third Reading of this House Bill."
"The Lady from Cook, Representative Hernandez."
"Thank you, Speaker. House Bill 3967 is a Department on Aging initiative. Upon sufficient appropriations to the agency, the Bill amends the Elder Abuse Act to implement a statewide program based on the recommendations of the Elder Self-Neglect Task Force. The intent of the Bill was to address an issue the department 09600033.doc 91 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 was experiencing where the elder abuse providers involved with a victim of abuse, the victim dies and the coroner rules on the cause of death unaware of the fact that the deceased was an elder abuse victim. This Bill also tightens some language needed. I ask for your favorable vote. Thank you."
"Seeing no questions, the question is, 'Shall the House pass House Bill 3967?' All those in favor should vote 'aye'; all those opposed vote 'no'. Voting is now open. Have all voted who wish? Have all voted who wish? Verschoore. The Clerk shall take the record. On this question, there are 116 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 38 of the Calendar, we have House Bill 1116. Representative Durkin. Read the Bill, Mr. Clerk."
"House Bill 1116, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
Speaker Turner: "The Gentleman from Cook, Representative Durkin."
"Thank you, Mr. Speaker. House Bill 1116 is… was brought to me by a municipal prosecutor on vehicle offenses to make an adjustment and to clarify some existing interpretations under the current Vehicle Code. And what it does is it ensures that those who are charged with an 11-501 and if they receive one supervision that that is… that will stay in effect and it is a one-time affair for somebody who's on the road and they're driving under the influence. There has been different interpretations in 09600033.doc 92 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 different areas, but this just reassures that supervision for DUI can only be done once in a lifetime."
"Seeing no questions, the question is, 'Shall the House pass House Bill 11… The Lady from Cook, Representative Davis. I'm sorry. Representative Monique Davis." Davis, M.: "Thank you, Mr. Chair… Mr. Speaker. Did you say they will have one-time only for supervision?"
"One-time supervision, that is the current law if… for someone who's charged and they've pled guilty for driving under the influence. There was a change in the Vehicle Code a few years back which has caused a… some interpretations which are not consistent with that principle. So, what we’re doing in this is reassuring that supervision still is eligible for someone who has been charged with an 11-501, which is driving under the influence and that it will only be a one-time allowance in a driver's life." Davis, M.: "How does this relate to Secretary White's, I don't know if it's a proposal, but where they will have that equipment on their vehicles that if they've been drinking the car will not start."
"It doesn't affect that one bit. That'll be… that'll assist the law enforcement with ensuring that… and helping them prove cases which or actually proving someone's innocence, as well. So, it will not… this does not interfere with those proposals by Secretary White." Davis, M.: "So, currently, if a person is charged with D… a DUI, they can get supervision how many times?" 09600033.doc 93 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"One time." Davis, M.: "So, what does your Bill do?"
"Well, what it does it reaffirms that the fact that it is a one-time occurrence because there was a revision in the Vehicle Code two years back 'cause under the current law people are allowed two supervision violations per year and some people have misinterpreted that to include two supervisions for DUIs and that has been a growing problem in some of these municipal prosecutions that do these types of cases. So, what we're doing is removing the DUI supervision from that supervision section under the moving violation…" Davis, M.: "And what will that be… result in, in America or in the United States of America or the State of Illinois. Us, Illinois, only allowing one supervision for DUI, what does that do for us?"
"It says that you get one supervision for life for a DUI." Davis, M.: "So, if you, 10 years later, you're… find your life circumstances changed and you find that perhaps you have another DUI. Ten, fifteen years later, you're saying they shouldn't be allowed another supervision?"
"That's correct. That is the current law and because of, as I stated earlier, the changes in the Vehicle Code has caused some lack of clarity with some of the judges and also prosecutors on how to handle these matters since there is a… it overlaps with the current law which states that you're only allowed two supervisions on moving violations per year. So, what we're saying is that if someone does, 09600033.doc 94 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 10 or 15 years after the fact, have a… is charged with a DUI, they will not be given the benefit of supervision, but they will still be… there are other… there's a conditional discharge which would go on their record, but it's… That's basically what we're stating." Davis, M.: "So, we're taking the discretion from the judge?"
"As we have in the past and we're saying that we believe that driving in Illinois is a privilege, not a right and that if you drive and you're convicted of a DUI one time, you should not receive supervision any time after that." Davis, M.: "To the Bill, Mr. Speaker. I believe that the intent is perhaps extremely noble, but I think the results are to say to a person, who rehabilitates him or herself and after a number of years, perhaps an awful divorce, we hope horrible things don't happen to people, but sometimes they do. Ten years, 15 years later, something happens and that person finds he's been arrested for a DUI and we're saying even though it's 15, 20 years later, that person cannot be under supervision and that we must, I guess, throw the entire brick at the person and make sure they're never… never able to recover. I know this is a piece of legislation that will probably fly out of here, but my conscience will not allow me to deny an individual an opportunity to redeem him or herself after very negative circumstances and not allow them another opportunity for supervision and to go to work and to take care of their families, perhaps they're retired and they need to take care of their sick wife. So, I know most people will vote 09600033.doc 95 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 for this because it seems like we're really tough… we're really tough on these bad people. But people live a very long time today and many of them are capable of changing their lives, they're capable of becoming better people and because I have great hope for mankind and I trust that in a number of years he will change, I don't want to do what they did in old England and that's say, no, you… this 'A' is on you and it'll never come off no matter what you do. So, I would just urge a 'no' vote on this legislation and give people another opportunity for supervision, even if it's with a time period. Maybe no sup… another supervision in five years, maybe not a second supervision in 10 years, but to say that you never get a another supervision in Illinois, I think it's mean-spirited. I urge a 'no' vote."
Speaker Turner: "The Gentleman from Cook, Representative Froehlich, for what reason do you rise?"
"Thank you, Mr. Speaker. Would the Sponsor yield? Representative Durkin, your Bill, if I understand it, would allow a motorist to get three supervisions in a 12-month period. Is that correct?"
"For other moving violations, not DUIs, but that is, we're not interfering with that. We would just want to make it very clear that the other moving violations are separate from the DUI and that is a one-time allowance and… which has prompted some of the… these municipal traffic prosecutors to seek some clarity on that issue."
"So, a motorist, currently, can only get two supervisions in a year. Your Bill will allow some motorists to get three in a year." 09600033.doc 96 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"I don't…"
"Supervision, now, could you refresh my memory, that's not a formal conviction."
"That's correct."
"Is that right?"
"That's correct."
"So, people who get supervision escape some of the consequences of a formal conviction; for example, there's no points against their driver's license, as there would be with a conviction. And what I'm wondering, why should drivers with three moving violations in a year be able to avoid the conse… the full consequences of a conviction? Why are we… if they've got three, why should we make it easier for them to avoid the consequences? Isn't… Aren't three… wouldn't that bother you that somebody with three in one year, does that say something about the person's driving habits that…"
"Well, I think if somebody is… has supervision for perhaps a minor of going five miles over the limit is a separate category from somebody who's been charged with a DUI. So, that is what we are leaving it to the discretion of the courts. The court doesn't have to give him supervision for that first DUI. That is not something which we're mandating. There could be a situation in which the court is going to state that the… the offense is, whether it's a blood alcohol or it was the conditions in which that person was arrested, don't warrant supervision. So, we're not saying that it is a guaranteed third sup… that is a supervision and they are eligible. It's not 09600033.doc 97 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 mandated that it is the only type of penalty which would be assessed for someone who is charged with that offense."
"Well, it seems to me you're… you're making life easier for people with repeated moving violations in a single year and I'm not so sure that serves public safety. Thank you."
Speaker Turner: "The Gentleman from DuPage, Representative Reboletti, for what reason do you rise?"
"To the Bill, Mr. Speaker. Mr. Speaker and Members of the Body, this… this is a cleanup Bill. It makes sure that we, since this General Assembly has decided that supervision is an eligible disposition for your first time DUI, we're just preserving that. Some judges are interpreting it that you can get two supervisions on DUI; some are saying that if you have two prior speeding tickets, you're not eligible for supervision. So, what attorneys are doing is now going back to court to remove those supervisions on their speeding tickets so they can now go get supervision on a DUI. This is simply clarifying that the judge still has discretion to issue supervision if it's an appropriate disposition. It's not enhancing anything and it's not reducing public safety. Thank you."
"Representative Durkin, do you want to…"
"Sure."
"…word."
"Thank you. In closing, I think what we're doing is that we're, as Mr. Reboletti said, this is cleanup legislation, but we are ensuring that those who are the worst of drivers should not be receiving a second gift 09600033.doc 98 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 which is supervision for the… driving under the influence. It separates that from the other minor moving violations and I would ask for a 'yes' vote."
"No further questions, the question is, 'Shall the House pass House Bill 1116?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. …all voted who wish? The Clerk shall take the record. On this question, there are 75 voting 'aye', 41 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings, Representative Holbrook, we have House Bill 2530. Read the Bill, Mr. Clerk. Representative, I understand there's an Amendment on that Bill."
"Bring it back to Second."
"Bring the Bill back to Second, Mr. Clerk. It's been requested by the Sponsor. Read the Bill, Mr. Clerk."
"On House Bill 2530, Floor Amendment #1, offered by Representative Holbrook, has been approved for consideration."
"The Gentleman from St. Clair, Representative Holbrook on Amendment #1."
"Thank you. Floor Amendment #1 on House Bill 2530 simply makes the cor… codification that mine subsidence is a man-made disaster concerning school buildings. This is what we did under the initial Bill on the temporary aid; this applies it now for all the bonding issues, if the school district needs it as an emergency. The state board 09600033.doc 99 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 believes it's already there, but we want to codify it just so it's absolutely clear. I know of no opposition. I'd like to adopt the Amendment, take it to Third then and address the Bill, if the Body's willing."
"So, the question is, 'Shall the House adopt Floor Amendment #1 to House Bill 2530?' All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #1 is adopted. Further Amendments, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. Read the Bill, Mr. Clerk."
"House Bill 2530, a Bill for an Act concerning education. Third Reading of this House Bill."
"The Gentleman from St. Clair, Representative Holbrook."
"…you. Thank you. House Bill 2530, as amended by House Floor Amendment #1, just codifies that mine subsidence is a man-made disaster when the school districts need either temporary or permanent help concerning their schools when they start to cave-in and collapse. I know of no opposition to the Bill."
"Seeing no questions, the question is, 'Shall the House pass House Bill 2530?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 116 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings, 09600033.doc 100 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 Representative Jackson, we have House Bill 85. Read the Bill, Mr. Clerk."
"House Bill 85, a Bill for an Act concerning elections. Third Reading of this House Bill."
Speaker Turner: "The Gentleman from East St. Louis, Representative Jackson."
"House Bill 85 may be cited as the Internet Voting Commission Act. What it does, the Internet Voting Commission will be created with the State Board of Election consisting of 12 Members of the General Assembly, the President and Minority Leader of the Senate and the Speaker and Minority Leader of the House of Representatives shall each appoint three legislative Members. The Internet Voting Commission shall study and recommend to the General Assembly a system of voting by the Internet at election in 2012. The Internet system of voting shall supplement not replace existing voting systems. I ask for a 'yes' vote and will entertain any questions."
"The Gentleman from Cook, Representative Lang, for what reason do you rise?"
"Thank you. I rise to support the Gentleman's Bill. This had been my Bill until recently. All this does, Ladies and Gentlemen, is set up a commission to study Internet voting. It doesn't require Internet voting. I know there's some concern about fraud and hackers and all of that and that's fine. The whole idea here is to study it to see if it could be safely and properly implemented in Illinois to give people access to modern technology when they vote. Other states have tried it; they've had mixed 09600033.doc 101 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 results, but we at least ought to take a look at it in Illinois. And that's all the Bill does and so, I would urge you to support the Gentleman's Bill."
"The Gentleman from Vermilion, Representative Black, for what reason do you rise?"
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Thank you. By the way, who is the Sponsor? This was originally Representative Lang's Bill. Is he the Sponsor or is it now Representative Jackson?"
"It's Representative Jackson at this time."
"Ah, okay. All right. Why was… why does our record indicate Representative Lang is the Sponsor? Our analysis indicates this is a Lang-Froehlich Bill and they are… they are a very unique combination here something like Abbott and Costello, Lewis and Martin, but your name doesn't appear on our analysis. Did you pick this Bill up from Representative Lang?"
"I picked it up, yes, I did."
"Representative Lang was not able to carry the Bill or was it beyond his capabilities to explain it? Can you explain the Bill to me?"
"Yes, I can."
"Okay. Fine. All right. So, you're setting up a study commission."
"That is correct."
"When does the study commission go away…"
"It go…" 09600033.doc 102 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"…or does it?"
"It goes away January 2011."
"So, there is a sunset clause on the Bill?"
"That is correct."
"Okay. Does it say how many members will be on this commission?"
"It will be 12."
"And who appoints them?"
"The Speaker and the… the Legislative Leaders would each have three. Such as…"
"Each… each… each caucus in each House? So, the Speaker would appoint three, the House Republican Leader three, the President of the Senate three and the Republican Leader three?"
"That is correct."
"Do you realize that's an even number?"
"Yes, 12."
"What happens if everything they do comes out to be six and six?"
"I'm more than sure that those individuals that we have selected… are going to select some excellent people and we're looking at taking and putting Internet as a means of voting and looking at the Internet as a means of voting. So, they're going to come up with recommendations that this Body can use in terms…"
"Okay."
"…of enacting or supplementing the voting system."
"Do you have any provisions for a tiebreaker? If every time they come up with a recommendation, if it…" 09600033.doc 103 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"There is no provision for a tiebreaker."
"No provisions for a tiebreaker."
"No."
"Well, couldn't we amend it on its face to let the House Republican Leader have the tiebreaker vote?"
"We could. No."
"Oh."
"We'll keep it as it is."
"You know, Representative, that was a very quick and decisive answer. I have an Amendment prepared, but I… it looks like you wouldn't be willing to accept my Amendment?"
"No."
"So, if you don't have a computer… we've talked… before you got here, Representative, in years past, we have discussed the Digital Divide and there are places in the state that don't have as many computers or access, high- speed access, to the Internet. Now, if… if we're going to vote on the Internet, what provisions will be made for those areas who simply don't have Internet connection not… or certainly don't have the level of Internet connection that others do?"
"You know, that was one of my concerns initially, being of the minority and we have fewer computers, but yet still, the system will be in place, the regular system will be in place and/or the use of the library, if you just wanted to use the Internet."
"So… so, you could, if the recommendation is positive, you could go the library and vote?" 09600033.doc 104 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"If the… if the computer's there, yes, the Internet. Now, let me go back and retract because what this is doing is putting in place a commission which will study and come back with the recommendations of how Internet would be done."
"So, you will bring back this report…"
"No, I will not. The commission would bring it back."
"The commission will bring back the report to the General Assembly. Have you instructed them… excuse me, I haven't read your Bill… I apologize. I normally try to do that. Have you instructed the commission anywhere in the Bill that they are to use data, for example, from the State of Florida that just recently conducted a study on Internet voting?"
"No, I haven't, no."
"It might be a good idea. You could perhaps amend it in the Senate. What… what… I'm… I'm… and I realize the commission hasn't made its report and this may not be a fair question, but what safeguards are there on Internet voting that would prevent somebody from sitting at their computer all day and just voting and voting and voting?"
"Those are the kinds of issues that the commission's to address, the accessibility, security, are issues and the commission should address those things when they bring it… bring their recommendations back to us."
"All right. So, you think you have everything covered in the commission that we'll need to know before we can make an informed decision on Internet voting?" 09600033.doc 105 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Now, the commission will take and look at all of those issues and bring them back before us and at that time we, in turn, will look and see if, in fact…"
"All right."
"…that we want it."
"Representative, I commend you for your answers. They have been forthright and right on target and I think you should take great comfort in the fact that had you not picked up this Bill I doubt seriously whether Representative Lang could have passed this Bill, but under your guidance and your stewardship I expect this Bill to get out of the House. And you've done a fine job, Sir."
"You know, I've been here with Lang for a minute now, but I thank you."
"Representative Jackson, care to close?"
"I would urge an 'aye' vote. I think to establish the commission would be a beginning to looking at and determining if the Internet is something that we want to do in the State of Illinois. And I would urge an 'aye' vote. Thank you."
"Seeing no further questions, the question is, 'Shall the House pass House Bill 85?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take… Myers. …the record. On this question, there are 99 voting 'aye', 17 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Jefferson on House Bill 537. Is he… 09600033.doc 106 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 Representative Miller on House Bill 3900. Read the Bill, Mr. Clerk."
"House Bill 3900, a Bill for an Act concerning public employee benefits. Third Reading of this House Bill."
"The Gentleman from Cook… Out of the record. Take the Bill out of the record, Mr. Clerk. Representative Nekritz on House Bill 242. Read the Bill, Mr. Clerk."
"House Bill 242, a Bill for an Act concerning revenue. Third Reading of this House Bill."
"The Lady from Cook, Representative Nekritz."
"Thank you, Mr. Speaker. Back in '95 when the tax cap law was passed, the amount of the debt service extension base, meaning the amount of debt that a local taxing body can issue, was frozen at the level that that taxing body had outstanding in 1994. Every other fund covered by the tax cap was indexed to either the… as we all know… to the lesser of the consumer price index or 5 percent. House Bill 242 would allow that debt service extension base to also be increased annually by the same amount, again, the lesser of the CPI or 5 percent. Since the tax cap was enacted, the purchasing power of the dollar amount of that debt that was frozen has declined by approximately 40 percent. This legislation allows a small amount of additional bonding so that local taxing bodies can have greater flexibility to maintain their significant capital investments in buildings and other facilities. I'd also like to highlight that this change is not retroactive, so 09600033.doc 107 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 it will be effective from the year 2009 and forward. I ask for your support."
Speaker Turner: "The Gentleman from DuPage, Representative Fortner, for what reason do you rise?"
"Will the Sponsor yield?"
"Indicates she will."
"Now, as I understand this, all this is really doing is allowing the… the debt to be able to grow at the exact same cap rate that any other part of the local government's property tax levy might. Is that correct?"
"That is correct, Representative."
"And because of that, what… if you didn't have this, what we have is debt that was authorized by the public, the limitation, otherwise, essentially, is always declining due to the natural inflation of the economy. And this would provide that the value that was approved will maintain that same value going forward. Is that…"
"That's correct. And it's always seemed sort of arbitrary to me because the taxing bodies at the time may have had a high level of debt outstanding or a low level of debt or no debt and it was a… you know, and there was no ability for the local taxing body to plan for that."
"To the Bill. I think this is a very reasonable approach to deal with the problem how do you properly structure yet maintain the principle of the tax cap for units of local government. It just keeps one… this deals with one area that was never made subject to the same tax cap rules that the other parts of the levy are. It puts them under the same rules. I understand this requires some 09600033.doc 108 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 close look by people depending on where they are, but I think this is an appropriate way to deal with the debt service and the debt limitations of local government. Thank you."
"The Gentleman from Crawford, Representative Eddy, for what reason do you rise?"
"Thank you, Speaker. I apologize. Will the Sponsor yield?"
"Indicates she will."
"Representative, I just want to make it crystal clear on a couple of issues related to this legislation. First of all, your legislation does not in any way change the basic structural components of the tax cap PTELL legislation?"
"In no way."
"No way."
"No way."
"It… it basically extends the current restrictions to the capital infrastructure debt service component."
"That's correct."
"And I think another important point regarding this is, is the fact that you're not… you're not trying to be retroactive for changes back to '94, you're… you're going forward only from 2008 change in CPI."
"That's correct, even though the dollar amount, you know, due to inflation, we've lost about 40 percent of the purchasing power already."
"Right. But… but this just seeks for the future to… to make sure that that adjustment is made, because to be able to maintain buildings and other infrastructure whatever 09600033.doc 109 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 governing authority happens to be under the cap at the time… at the… in '94 there is a great deal of difference, where 15 years later, there may be maintenance needs, there may be infrastructure problems that these governing bodies just can't address because that portion of… of their expenses was… was not eligible to increase by the same components that were allowed for every other operating area of their levy."
"Absolutely correct, Representative."
"Representative, I think this is… you know, folks… folks get real concerned regarding PTELL caps, et cetera, et cetera, et cetera. This is a very reasonable minor tweak to that legislation and that legislation was not perfect in a lot of ways, in a lot of ways. But this is an area that, for these municipalities, for these governing bodies to continue to be able to operate and have infrastructure that's safe, that's reliable, that takes care of public services, this is… this is a necessary adjustment or that infrastructure will begin to crumble because of their inability to access the same exact type of increases that the original legislation was intended to allow for."
"Agreed."
"All right. I think I… Ladies and Gentlemen of the House, I'd urge an 'aye' vote. This is a very reasonable approach to a difficult subject and I hope the Body will support this legislation. It makes eminent sense."
"May I remind the Members that this Bill is on Short Debate. We've had two proponents. We're looking for some opponents. Representative Winters." 09600033.doc 110 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Thank you, Mr… thank you, Mr. Speaker. I rise in support of this Bill. As the Sponsor of the downstate tax cap Bills that we passed in 1996, one of the concerns that we had to address was a specific bond issue that the Rockford Airport had signed off on and under the PTELL legislation as introduced it was… they were not able to guarantee that they would pay off their bonds. So, unlike Representative Eddy, I thought that the second iteration, the downstate property tax, was perfect legislation. We, obviously, missed this particular part where the ravages of inflation on a taxing district's ability to maintain its structure through its debt service extension, we did not anticipate that 15 years later that the purchasing power would have eroded as much as it has. This simply allows them looking forward again to maintain the spending ability that they pass, that PTELL will not erode that. And I do urge this Body to support this legislation. Thank you."
Speaker Turner: "The Gentleman from Lake, Representative Sullivan, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates she will."
"Representative, by allowing your debt levels to increase by CPI, how will these be paid for going forward once this… should this become law?"
"Representative, the taxing body would first have to determine if they want to addit… to issue…"
"Sure." 09600033.doc 111 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"…that additional debt and then they would be able to levy to… to pay for that, but it would be a decision made by…"
"Okay."
"…the local taxing body first."
"So… so, the local taxing body says… let's say the CPI goes up 3 percent next year and…"
"We should be so lucky."
"Yeah, I know. I… we already know it's .1, but let's say down the line it returns to inflationary periods and it's 3 percent, they, at the local level board, make the determination that they want to increase their debt levels by that 3 percent. Isn't it the fact that they're going to have to certify their new debt service and the levy will automatically increase to match the debt service?"
"There is… I believe that is accurate, but again that is a decision that the local taxing body will have to make about whether or not to increase that debt and…"
"I… I will… Representative, I will stipulate that this is a local decision by a board that's been elected by whoever, but this is a decision to increase their levy, outside of tax caps, without referendum."
"Well… I don't… I don't… Representative, I would argue that it's not outside the tax cap, that we are simply allowing making a change to the tax cap rule in order to accommodate what should… probably should have happened when the tax cap rule was originally enacted."
"Okay." 09600033.doc 112 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"So, I don't… I wouldn't ar… I would not say that it's outside the tax cap."
"Okay."
"It's subject to the tax cap."
"Okay. Well, thank you. To the Bill. Ladies and Gentlemen, when you allow the debt to increase, this board, through the Department of Revenue, will certify the debt level and the levy will be increased to the corresponding debt level… the servicing in a debt level. So, it's an automatic increase in their levy which is an automatic increase in taxes without referendum. So, you can make your decisions on the local level which you would like to do, but at the end of the day this is an increase in property taxes not subject to referendum, which is the true intent of the original tax cap law. I urge a 'no' vote."
"The Gentleman from Vermilion, Representative Black, for what reason do you rise?"
"Speaker…"
"The Gentleman from St. Clair, Representative Jackson. Seeing no further questions, Representative Nekritz to close."
"Thank you. I believe we've fully aired the issue and I would ask for your support."
"No further questions, the question is, 'Shall the House pass House Bill 242?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 69 voting 'aye', 46 voting 09600033.doc 113 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Jefferson on House Bill 537. Read the Bill, Mr. Clerk."
"House Bill 537, a Bill for an Act concerning financial regulation. Third Reading of this House Bill."
"The Gentleman from Winnebago, Representative Jefferson."
"Thank you, Mr. Speaker, Members of the House. This Bill amends the Residential Mortgage License Act of '87. Provides that no license may make, provide, arrange a mortgage loan with the prepayment penalty rather than permitting prepayment penalties under specified conditions. Prepayment penalties are prohibited in connection with the sale or destruction of dwellings secured by a residential mortgage loan. This basically says that you can no longer make prepayments on mortgage loans. And I would ask for an 'aye' vote. I would ask…"
"The Gentleman from Crawford, Representative Eddy, for what reason do you rise?"
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, in your opening remarks you said it changed the prepayment penalties or made a change in the prepayment penalty. Could… could you, more specifically, describe the affect of the changes that would be made in the prepayment penalty?" 09600033.doc 114 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"The prepayment penalties right now are built into the loans as of, I think we're referring back to 1987, the Mortgage License Act of '87. What this does is say that you have to, if in fact this is going to be part of the agreement, you have to make sure you notify the lenders what this Bill is doing. If you're going to pay prepayments, they have to let you know and give you a choice of going with the prepayment, otherwise that might be penalties if you go in the opposite direction."
"Representative, does this legislation only apply to state banks?"
"As far as I can tell, yes."
"So… Ladies and… Ladies and Gentlemen of the House, this is important legislation because it treats state banks differently than federal banks and I understand that we're in a state Legislative Body here and the Representative does not have the authority possibly regarding federal banks, but this… this legislation would put our state banks on a different playing field level than the federal banks. Representative, do you have any concerns regarding state chartered banks and their ability to compete given this unlevel playing field?"
"Well, absolutely, Representative, but you know, with legislation, we have to start somewhere. I think this is a good start. The fact that our banks are in total disarray. As we watch what's happening with our country, I think people have been penalized enough and we need to stop the penalties and this is one way of doing that. So, I think we need to start somewhere." 09600033.doc 115 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Well, I… whether or not… whether or not, I or anyone else in this Body agrees with whether or not we should start somewhere and that this is good public policy, one of our concerns is Representatives at the state level should be what we're doing to those institutions in our state and I think there's a real possibility here that we would be harming state institutions with what might be your well- intentioned effort to change the prepayment penalties because federal banks, federally chartered banks, are going to be able to have an advantage and I don't… I don't think that's very good public policy for those who we represent, which would be those banks in the State of Illinois."
"I appreciate your opinion, Representative, but like I said, you've been watching the mood of the country, with the federal banks and some of the state banks we're in total disarray at this point and I think the consumers, the customers, the citizens need these tax breaks."
"Thank you, Representative. Ladies and Gentlemen, to the Bill. This is very dangerous public policy. This puts Illinois financial institutions at a definite disadvantage. Whether or not the Representative wants to change the prepayment penalties and he thinks there are problems with those penalties is one issue; the other, and more important issue in this case, is what we would be doing to an industry in our state. The Illinois Association of Mortgage Professionals, Mortgage Bankers Association, the Credit Union League, AARP, the Attorney General, the Department of Financial and Professional Regulations have some… have issued some concerns about this. We need to 09600033.doc 116 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 make sure that we don't hurt our state in an effort to try and make something better at the federal level. Ladies and Gentlemen, I urge a 'no' vote. This is very dangerous."
Speaker Turner: "The Gentleman from Lake, Representative Sullivan, for what reason do you rise?"
"Thank you, Mr. Speaker. To the Bill."
"…Bill."
"The previous speaker on my side of the aisle eloquently explained one aspect why this is bad legislation. I want to talk about another unintended consequence. Banks look to try and reduce their risk and they do that through different ways. One is to make sure you have a good borrower and if you don't have a good borrower, they're going to make up that risk in the form of higher interest rates. If these banks now think that they're going to have loans where they're paid off early, a lot of times they give you a lower interest rate knowing that you're not going to pay it off early 'cause there's penalties and so they can give you that lower interest rate because they know they're going to make the money back over time. So, if you take this away from them, we're going to have higher interest rates because they're going to try and make up their risk. They do that through the higher interest rates 'cause they can't recoup the money for servicing the loans and all the different associated fees in the first three, four, or five years of the loan. So, in the long run, the unintended consequences of this Bill is going to be higher interest rates and people struggling over time. So, I do urge a 'no' vote." 09600033.doc 117 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
Speaker Turner: "The Gentleman from Lake, Representative Beaubien, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the… will the Sponsor yield?"
"Indicates he will."
"All right, thank you. I'm just going to reiterate a couple of the points that have already been made. As you know, I do know a little bit about state banks. I can't fathom why anyone would want to put our state banks at a disadvantage. The national banks don't have to do it, the foreign banks don't have to do it. They come in from out- of-state. It's… we're picking on our own. And also, by the way, it's not that difficult to change from a state bank to a national bank, so you're going to lose your local state bank that's been there forever. The other point is the one Representative Sullivan made is, having been in that business, we know and the state bank we had in Lake Zurich there was a relatively good turnover, so you could afford to give a good rate to that loan, through the course of the loan, knowing that in all probability within six to eight years they were going to sell that home and move on. So, you picked it up at the back end. This is going to cause higher rates at the front end for the borrowers. It's a very, very bad idea and I urge a 'no' vote."
Speaker Turner: "The Gentleman from McHenry, Representative Franks, for what reason do you rise? The Gentleman from Winnebago, Representative Jefferson, for what reason do you rise?" 09600033.doc 118 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Thank you, Mr. Speaker, I'm speaking on my Bill. But what I would like to do is take this Bill out of the record for now, do a little work on it and bring it back later."
"Take it out and don't bring it back? The Gentleman asks leave to take the Bill out of the record. The Gentleman from Cook, Rep… Representative Miller on House Bill 3900. Read the Bill, Mr. Clerk."
"House Bill 3900, a Bill for an Act concerning public employee benefits. Third Reading of this House Bill."
Speaker Turner: "The Gentleman from Cook, Representative Miller."
"Thank you, Mr. Speakers… Speaker, Ladies and Gentlemen of the House. House Bill 3900 changes… was an oversight and an initiative… oversight due… on an issue that was for a constituent in my district I've introduced over the last few General Assemblies. Essentially, it's adding state highway maintainer employees by IDOT in the Toll Highway Authority to an alternate formula. Ask for a favorable vote."
"Seeing no questions, the question is, 'Shall the House pass House Bill 3900?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk… Have all voted who wish? …mond, May. The Clerk shall take the record. On this question, there are 66 voting 'aye', 48 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is 09600033.doc 119 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 hereby declared passed. The Lady from Kane, Representative Chapa LaVia, for what reason do you rise?"
"Thank you, Speakers… Speaker and Members of the House. I'd like to have everyone welcome… I have a constituent from Aurora. Ms. Linda Cole is the… she used to be the president of Fox Valley Park District. So, if you could stand up, Linda, and this is her granddaughter down here, Megan. Welcome."
"Welcome to Springfield. The Gentleman from Randolph, Representative Reitz, for what reason do you rise?"
"Just for an announcement. I would like Representative Zalewski, if he would stand up, and his twin, the other Mike, is here today and they dressed alike today. And we'd like to give them a round of applause."
"Welcome, Representative and welcome, Senator. You said twin, right? The Gentleman from Vermilion, Representative Black, for what reason do you rise?"
"Thank you very much, Mr. Speaker. A point of personal privilege."
"State your point, Representative."
"Ladies and Gentlemen, I wish you would join me in welcoming… in welcoming, if you would, Ms. Jill Robbins's fourth grade, Prairie View-Ogden School, fourth and fifth grade and North and South. They're up in the balcony on the right side."
Speaker Turner: "Welcome to Springfield, Prairie View. Representative Riley, we have House Bill 2424. Read the Bill, Mr. Clerk." 09600033.doc 120 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"House Bill 2424, a Bill for an Act concerning government. Third Reading of this House Bill."
Speaker Turner: "The Gentleman from Cook, Representative Riley."
"Thank you, Mr. Speaker and Members of the House. House Bill 2424 essentially amends Section 41 of the Metropolitan Transit Act. And it affords people that have legitimate injury claims against the CTA the ability to hear those claims heard rather than being thrown out and their case forever being barred from suing the CTA because of a minor technicality in their… in their claim. Essentially, the genesis of this Bill came from a constituent of mine, Merle Huckabee, who was severely injured by a CTA bus. She was not at fault. Police records, everything said that she was not at fault and because she left out the address of the physician of record, her case was summarily dismissed and she was forever barred from suing the CTA. We want to try to change that. There are a lot of people that have legitimate claims. These are not frivolous claims. And we want to be able to afford them a modicum of consideration for their claims. I can answer any questions you may have."
"The Gentleman from Vermilion, Representative Black, for what reason do you rise?"
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I… I can certainly understand and appreciate why the Representative is bringing this Bill and I know when he had committee, he had some constituents of his who had been injured on the Chicago Transit Authority 09600033.doc 121 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 testify and my heart goes out to them and I'm certainly not immune to what they've gone through. But if you would look at this Bill very carefully, the City of Chicago is opposed to this Bill, the CTA, Chicago Transit Authority's opposed to the Bill and the Regional Transportation Authority, the RTA, is also opposed to this Bill. I don't need to tell those of you who live in the Chicago Metropolitan Area that the Chicago city budget is millions of dollars out of balance, but the CTA and the RTA, again, are facing millions of dollars in shortfall; they're having a difficult time with their budget. And in all due respect to the Sponsor and certainly understanding the difficulty that some of his constituents have had, let's look what this Bill does. It simply says that the CTA or the RTA cannot summarily or have a judge summarily dismiss a complaint because of insufficiency. Instead, the CTA would have to notify the person filing that their statement is insufficient so that you could add a name, an address of the person, the location of the incident, the name of the attending physician. Now, the reason the Illinois Trial Lawyers support this Bill, and not that they are without merit, you can see what this is about. It makes it easier to file a lawsuit against the Chicago Transit Authority, the RTA and/or the City of Chicago. I'm not saying that you shouldn't file those lawsuits and many of them are filed and many of them are collected. But the end result, you're making the entity that may pay the judgment and ultimately since these are public entities it's the public who pays the injury settlement in higher insurance premiums 09600033.doc 122 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 that are passed on to the taxpayer. You're making the entity that's being sued supply information to make sure that the suit will not be summarily dismissed. That discounts the fact that you can always, I think, refile a lawsuit. I just think that given the general state of lawsuits in the State of Illinois, the number of them, the amount of money that it costs, and recognizing, and in no way am I being insensitive to those who are legitimately and unjustly injured, but in no way do I think we should force a public entity to make it easier to sue them when they will do… when they will have to pay the judgment and whatever that judgment is eventually the taxpayers will pay for that judgment through higher property tax bills, to pay the insurance premiums that the CTA and RTA and the City of Chicago have representing them in this case. I don't think the Bill is necessary for the protection of the injured party, but I just think it's somewhat incongruous to say that you have to help someone filing a suit against you to make sure that their documents are in order so that they can have a better chance of suing you and possibly winning a multimillion dollar judgment. I simply rise in opposition to the Bill."
"The Lady from DuPage, Representative Bellock, for what reason do you rise?"
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Does this legislation change the one year statute of limitation, Representative?" 09600033.doc 123 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"I don't believe that it does at all."
"Okay. So, what it does is it just extends the 30 days to 90 days, would that be…"
"Sixty days…"
"…or 60 days?"
"…to give the person… and again, we're in the… the claim process. So, there was some statements made about lawsuits, whenever you're talking about, at that point that might be later on down the line, it’s the claim process when the person first files the claim."
"All right. And so, did this Bill come out of committee unanimously?"
"Yes, it did."
"Oh, that's what I thought. Okay. Thank you very much. I stand in support of your Bill. Thank you."
"You're welcome."
"The Gentleman from Cook, Representative Lang, for what reason do you rise?"
"Thank you, Mr. Speaker. I rise in support of the Gentleman's Bill. I listened very carefully to the Gentleman on the other side of the aisle and I really don't think he has fully read the Bill. This is a Bill about allowing a person to proceed with an appropriate claim and not be barred by some clerical error they have made on a piece of paper. The Gentleman had a woman in his district who filed her claim with the CTA within the timeframe allowed by the statute, but she left a blank open. It was the… the only blank she left open was the address of the hospital she went to, not even the name of the hospital, 09600033.doc 124 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 the address of the hospital she went to. And the CTA said nothing about it at all to her until such time as the deadline passed and then they simply said, well, sorry Ma'am we're not paying your claim 'cause you left a blank in the form. Now, that's wrong. We all know that's wrong. Nobody should be barred from a legal claim because they have made a clerical error. If we make a clerical error on our income taxes, we don't go to jail or shouldn't. We're allowed to correct that error. We're allowed to correct that error years later, in fact. The Gentleman is not trying to circumvent the law; the Gentleman is not trying to change the statute of limitations; the Gentleman is not trying to give people who have unfounded claims an opportunity to make them. He's simply saying if someone's made a clerical error and they've filed the piece of paper on time, let's give them the opportunity to correct that. That's all the Bill does. To go through all of this process about the lawsuits against the CTA and how much it costs them and how… what a litigious society we are and all of that nonsense has nothing whatsoever to do with this Bill. Someday one of you will have somebody on a bus or on a train and they will get injured. You'll have a constituent that says, what should I do? And you'll say, well, file the claim. And they'll file the claim and you'll say, well, good for you, you should get compensated for that claim. And then they're going to come back to you and say, gee, I said it was April, but it was really March and you're going to say, that's terrible, you ought to be compensated. It's all the Bill does. So, give the 09600033.doc 125 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 Gentleman a chance to move this Bill forward and correct this silly aberration in the law. Vote 'aye'."
"The Lady from Cook, Representative Hamos, for what reason do you rise?"
"Thank you. To the Bill. I rise in support of this Bill, also and maybe, we've already talked about it long enough. I do want to also point out that this is an unusual situation, because in the case of the CTA only, there's a one-year statute of limitations. That still doesn't cha… that doesn't change here, but it's a unique situation when you have to file a notice six months into it that you're going to sue or that you've had an injury. We're not changing that either. So, the Sponsor here, and I had a duplicate Bill, was… is already compromising and saying we're going to keep the six months, we're not changing that; we're going to keep the one year, we're not changing that. All we're doing is exactly as the previous speaker said, that if there is a small error, then the… the injured party has an opportunity to correct it. That's all this does and yes, the CTA is still against it and the city's still against it, but they really shouldn't be. This is just fairness. I seek an 'aye' vote."
Speaker Turner: "The Gentleman from Cook, Representative Thapedi, for what reason do you rise?"
"Thank you, Mr. Speaker. I rise in support of this Bill, as well. Essentially, this Bill just clarifies the legislative intent. Nothing is being changed with respect to this Bill. The statute of limitations remains the same at one year. The notice requirement to the CTA remains the 09600033.doc 126 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 same. Nothing has been changed. The only thing that's changed is, as my colleagues have mentioned is, that if some inconsistencies have been found in the particular notice that's been served upon the CTA, the injured party have the ability to rectify and clarify those mistakes. They have 60 days to do that. I ri… I stand in support of this Bill. Thank you."
"Seeing no further questions, the question is, 'Shall the House pass House Bill 2424?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 83 voting 'aye', 32 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Vermilion, Representative Black, for what reason do you rise?"
"Thank you very much. Mr. Speaker, a clarification for the record."
"For the record."
"Thank you. On the… on the previous Bill, if you would make a note that I did a yeoman's job of representing the City of Chicago and the CTA and the RTA, even though I was defeated overwhelmingly, would you let the mayor know? I was here defending the honor and integrity and the fiscal responsibility of the City of Chicago."
"We will tell the mayor and the meter maid. The Gentleman from Cook, Representative Riley."
"A point of personal privilege, Mr. Speaker."
"State your point." 09600033.doc 127 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"To Representative Black, we'll make you a Chicagoan yet. I just want to say to the Body, you know, those who supported the previous Bill; those who did not. Thank you. Thank you very much. Thank you for your attention to this Bill. This Bill got a lot of attention and it got a lot of attention because it was extremely important…"
"Representative… Representative, we do those kind of thank yous, personally."
"I re… I retract. I was getting to a point, but I'll do that at a later time. I was trying to make a point, but that's okay."
"How about you…"
"I'll yield to parliamentary procedure."
"How about your next Bill, 4220? Mr. Speaker… I mean, Mr. Clerk, read House Bill 4220."
"House Bill 4220, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"The Gentleman from Cook, Representative Riley. Now, you can say it all."
"Well, we're on another Bill now. What I want to do with 4220… 4220 has engendered, you know, a lot of the discussion and I'm in the process of talking to all groups on all sides and because an Amendment probably will be made to this Bill, I'd like to be able to remand that back to Second Reading, if at all possible."
"The Gentleman asks leave to bring the Bill back to Second… Second Reading. The Clerk will so do and the Bill will remain on Second Reading. Representative Burns on House Bill 684. Read the Bill, Mr. Clerk." 09600033.doc 128 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"House Bill 684, a Bill for an Act concerning education. Third Reading of this House Bill."
Speaker Turner: "The Gentleman from Cook, Representative Burns."
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. I am presenting House Bill 684. You should be happy to know that this Bill is subject to appropriation. What it does create, however, is the statutory authorization for community schools to receive funding from the State Board of Education to expand programs. Community schools are regular public schools that have relationships with community-based organizations, churches, business organizations. There are 200 throughout the state. It's a statewide program, a statewide initiative and I'm happy to support the Bill. The objective is to increase and improve academic achievement, to provide after-school programs, before-school programming and expand school programming throughout the school… the calendar year. I look forward to your support and happy to answer any questions."
"The Gentleman from Crawford, Representative Eddy, for what reason do you rise?"
"Mr. Speaker, I want to ask the Sponsor a few questions, but first I have an inquiry of the Chair."
"State your inquiry."
"Mr. Speaker, a couple of Bills ago I think we had an egregious violation of House Rules. We had a freshman Legislator who before his first Bill made his first comments and made his first questions and made his first 09600033.doc 129 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 thoughts known. Isn't there some type of decorum to kind of hold back and wait until you've presented your first Bill and been through the grind before you begin to…"
"Representative, the 'poop' sheet wasn't up here and so, that's my mistake."
"Okay. Well… well, I think we need to watch that. They're sneaking in on us."
"We'll keep that in mind."
"Representative, you said that this is subject to appropriation. I think that's the only way, obviously, this year. Have you got any idea what any request for an appropriation might be for this type of a legislation in the future?"
"My understanding from the Federation of Community Schools is that they would hope to… they're looking for about $5 million for this program. And they're hoping that a lot of this will come through the federalist… federal stimulus program."
"Are you… are you specifically aware at this point of any federal stimulus money that's earmarked for this type of after-school program and other community involvement approach? Are you aware of a pool of money that can be used?"
"It is my understanding that there is money that will be available. I can't identify at this particular time exactly what that program is, but I'll be happy to get that information to you at a later time."
"Okay. Now, the other question I have is in regards to that money. If it were to become available, if there were 09600033.doc 130 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 $5 million in stimulus money, that would be federal money that I suppose couldn't be used for any other reason and that's very possible, depending on how the money is stipulated to flow through, how can school districts avail themselves to that grant money? This does not limit the funding to the current community schools, does it?"
"No, it does not. There is a request for proposal that… that schools would have to apply for and the criteria are laid out in the Bill itself. So, among some of those criteria would be relationship with community-based organizations or other sort of linkages. But… but those are the primary requirements and it would be an RFP process."
"Okay. Final question. If they qualify, then they qualify. So, that if a school meets all of the criteria of a community school, they will be eligible for the funding based on the RFP. It isn't as if there's a hierarchy here. This is a pool of money that promotes a certain type of community engagement and involvement that any school in the state that meets those criteria would be kind of included in the dividing up of that pool of money."
"That's correct, Representative."
"Representative, this was an impressive presentation in the Elementary & Secondary Education Committee. This is an approach that's obviously working. You have data to back it up and I hope that the federal money does come and I hope it does get distributed to lots more schools for this approach."
"Thank you." 09600033.doc 131 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
Speaker Turner: "The Gentleman from Jasper, Representative Reis, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"I just have a quick question, Representative. Say this does come through; it's subject to appropriation based on the federal stimulus dollars. Do you have a sunset on your program for when those federal dollars no longer are coming in and then we're faced to fund a program with GRF with no federal stimulus dollars?"
"That's an excellent question. First of all, it should be noted that the community schools are already existing and the number of school districts have made the decision to use local funding to support a number of these programs. As I mentioned in my introductory comments, there are over 200 schools that are currently part of the Federation of Community Schools and they're located throughout the state. My hope would be that the Federal Government would continue to support these programs in out years, but school districts would certainly have the option to use local money to support these programs and bolster them in future years."
"Would be… would we… would we be required as a General Assembly to provide state dollars if those…"
"There is no requirement in the legislation for the General Assembly to provide funding for these programs in this fiscal year or any other fiscal year. If the General Assembly determined that, in its wisdom, it would choose to 09600033.doc 132 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 appropriate money to these programs, we would certainly have that ability."
"But at least we'd have to come back and vote on that."
"That would be correct."
"All right. Thank you, Representative."
"…from Cook, Monique Davis, for what reason do you rise?" Davis, M.: "Will the Sponsor yield?"
"Indicates he will." Davis, M.: "Representative Burns, can you tell me if there's any place in the School Code that mandates or monitors the behavior of a community school?"
"That's actually part of the reason why we're creating this legislation is that right now community schools are a local affair. So, com… schools in districts throughout the state make the determination that they want to partner with community-based organizations and other outside parties, they develop the relationships, they fund them on their own and they find private funding to do that. In the legislation we do create a community schools council that would advise the State Board of Education, the State Superintendent of Education on issues facing community schools." Davis, M.: "So, a community school, would it be an all-day affair or just after-school tutoring or…"
"The… Thank you, Representative. The great thing about this approach is that's driven by local people, so it… locally the… there's a local planning process that's called for as part of the RFP where you have to bring in parents, 09600033.doc 133 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 community partners and others to make a determination on what makes sense for that school in that particular community. So, in one community it might be before school programming, in another community it might be after-school programming." Davis, M.: "But these are not new schools like a charter school?"
"That is correct." Davis, M.: "Okay."
"These are existing public schools. This is not… this has nothing to do with charter schools." Davis, M.: "So, the… I'm saying, this is not a new group of schools?"
"That is correct. These are public schools that have called themselves community schools because they're partnering with community organizations to enhance the educational experience." Davis, M.: "And the nine-member advisory board will be made up of?"
"If you'll pardon me for one second. The criteria that we laid out in the Bill are persons who are involved in community school leadership, at least one representative of a statewide association that advocates for community schools, parents involved in community schools and other community stakeholders. So, what we're really trying to do is bring together folks who are working in this field, social workers, community-based organizations and others to really make sure that our schools are working with the community and make sure that all the resources that are 09600033.doc 134 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 available in a community are being brought to bear to improve educational outcomes." Davis, M.: "And how many community schools are we planning on having? And is this all over the state or just Chicago?"
"Community schools exist throughout the state. In fact, in committee we had folks who came from Representative Pritchard's area, there were folks from the City of Chicago, folks from downstate. It's a statewide initiative." Davis, M.: "Well, I want to say thank you very much and I would appreciate an invitation to visit one of the community schools and I think perhaps you have a great idea if you’re bringing the community in to offer the support that perhaps may be needed. And I do appreciate you bringing this legislation forward."
"Thank you very much for your comments, Representative. And I will endeavor to make sure that you have an opportunity to visit a community school."
"Seeing no further questions, the question is, 'Shall the House pass House Bill 684?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there 115 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 35."
"House Bill 35, a Bill for an Act concerning State Government. Second Reading of this House Bill. No Committee Amendments. Floor Amendments 1 and 2 have been 09600033.doc 135 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 approved for consideration. Floor Amendment #1 is offered by Representative Tryon."
"Representative Tryon on Amendment #1."
"Well, actually, I want to consider Amendment #2."
"So, you want to table Amendment #1?"
"Yeah. Table Amendment #1 and include Amendment #2."
"The Gentleman asks leave to withdraw Amendment #1. Further Amendments, Mr. Clerk?"
"Floor Amendment #2, offered by Representative Tryon."
Speaker Turner: "The Gentleman from McHenry, Representative Tryon on Amendment #2."
"Thank you. Amendment #2 to House Bill 35 will establish the Illinois Transparency and Accountability Portal which will list all expenses that the state has, all contracts. It'll be a searchable database that will be… that citizens will be able to use to get information on contracts and on vendors and vendor opportunities. Also be searchable by State Representative district, where that's applicable. Will also list all salaries of employees and job classifications. It's modeled after several other transparency portals that have… we've seen go up in the last two years. This is an opportunity for the investment that taxpayers have made…"
"Seeing no questions, the question is, 'Shall the House…"
"…in computer technology to be able to utilize it. So, I would urge that we amend this Bill." 09600033.doc 136 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Representative Tryon moves for the adoption of Floor Amendment 2 to House Bill 35. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Further Amendments?"
"No further Amendments. No Motions filed."
"…Reading… Third Reading. On the Order of Third Readings, we have Representative Ryg on House Bill 2290. Read the Bill, Mr. Clerk."
"House Bill 2290, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"The Lady from Lake, Representative Ryg."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This legislation prohibits the guardian from sterilizing his or her ward without first obtaining a court order that grants authority to provide consent except in cases of medical emergency. The Bill also establishes the procedure by which a guardian would obtain the court order. Currently, there is no requirement for a guardian to petition a court regarding a ward's sterilization and Illinois is only one of 16 states that doesn't address this issue. Be happy to answer any questions."
"Seeing no questions, the question is, 'Shall the House pass House Bill 22… I'm sorry. The Gentleman from Cook, Representative Fritchey, for what reason do you rise?"
"Thank… thank you, Speaker. Will the Sponsor yield?"
"Indicates she will."
"What are you trying to do here?" 09600033.doc 137 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Trying to pre… have a procedure by which a sterilization order would be protected… a person would be protected. That would include the person, the guardian, and the physician."
"Are you… I mean, given your motivations and given the proponents, I'm sure that this is a well intended and necessary Bill that does something good, but maybe just, for my own education, you know…"
"Sure."
"Under what situations would we want to have the court authorize sterilization of an individual?"
"The situation arose when Equip for Equality had a client who came to them and had traumatic brain injury and had a guardian and the guardian was preparing for… had found a doctor who would perform a sterilization against the individual's wishes. The individual wanted to maintain her ability to have a child. And so, it became clear that there was no procedure, that there was no protections for persons, that the guardian could go ahead, find a willing doctor…"
"Well, I agree that we want some protection. I guess, I don't know if this goes far enough, then. I guess, I mean, and again, maybe I'm just not familiar with these situations, but when would you want to have a court come in and order sterilization against an individual's desire?"
"But the court would not order it. The court would provide the protection that an application would have been made and there would have been a determination that the 09600033.doc 138 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 ward lacked the decisional capacity regarding sterilization and that the benefits would outweigh the harm."
"Well, if…"
"Well, again, it's a protective measure."
"Here, let me… let me ask this from another way, so maybe I'm just not asking the right way. I mean, can you just give me an example of why… here, why is this case, I guess, a guardian would want to go to court to have an individual sterilized?"
"Because… Again, the intent is to protect the ward."
"Oh, no, I understand that."
"Okay. So…"
"I… I am not trying to get in the way of this at all. I'm truly trying to understand a situation where they say, we want to come in and have this individual sterilized and when does that happen? When you…"
"When a guardian believes that a person is at risk of becoming pregnant and shouldn't be."
"And so, all these groups that are behind this… Well, I understand that they're saying that some standards are better than no standards and I clearly agree with that, but they're still saying that they're okay with… I mean, it almost seems that you should have a court have to sign off on it, not just say that certain standards were met but that it needs to be almost court approved."
"The court does have to approve."
"So, the court has…"
"That's the point." 09600033.doc 139 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"All right. I won't take up the Body's time and your time with this. It just…"
"Yeah. I appreciate that, because in the committee when we had the ability to provide the caseload information there… this was passed unanimously and again, because Illinois is one of 16 states that doesn't provide this protection, it has the support of all the proponents of the legislation."
"But in essence, what this is trying to say is that you may have somebody that doesn't have the decisional capacity regarding making a choice whether to undergo sterilization. It says that they’d have to be fertile and capable of procreation, the benefits of sterilization outweigh the harm. So, we're saying, okay, we're not going to devote the time to keep this person from engaging in unsafe conduct, so we'll just sterilize them instead. I mean, isn't that what this says?"
"No, no. The point is that a guardian could arrange for sterilization against their ward's wishes. So, this process protects the ward from sterilization without a procedure to verify that that's what they wish to have happen and/or that they're capable of making that decision."
"But what… what…"
"It protects the guardian…"
"No, I…"
"…from making a decision that the ward later says they did not want and it protects the physician…" 09600033.doc 140 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Well, I get that, but I'm not worried about the guardian."
"…from performing the sterilization." Fritchey: I'm not worried about the guardian, I'm worried about the ward that may be getting sterilized because somebody doesn't want to spend the time to make sure they don't get themselves into a situation that they don't either… I guess, what this is aimed at… is that they don't either get pregnant themselves or get somebody else pregnant, but the time doesn't want to be invested in this individual to keep them from being in that situation, so let's just have the court sign off and say, let's just sterilize them instead."
"No, as a matter of fact, Representative, this does exactly what you're suggesting. It protects that ward, because right now they're being sterilized against their will without a process for them to be protected. After the…"
"Oh, yeah. Here, I… here, I… I guess what I'm getting at is this. I agree that this Bill will be better than having no Bill, but aren't you troubled by the concept that we are still going to be able to just go in here and involuntarily sterilize people because we're worried about them getting pregnant or them getting somebody else pregnant and…"
"Representative Fritchey, bring your remarks to a close."
"I guess, and I'm sincere in my inquiry here. I mean, aren't you troubled that even having these rules that the fact that we have a society where we say we're not 09600033.doc 141 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 going to worry about overseeing the person; let's just sterilize them then we don't have to worry about they do or what they might do? Isn't that problematic?"
"That's the point of this legislation is to protect a person against what the current practice is which is a guardian makes that decision without any oversight. So, we are protecting the individual against sterilization unless the court determines that's what's needed because they're incapable of making that decision themself."
"I… I get that. I mean, and again, I'm not… I agree, having this on the books will be a much better situation than we have today, but I think that there's a bigger philosophical problem that all we're doing is asking the court to weigh in and say, sure, as long as these situations are met, we'll go ahead and sign off on having somebody sterilized as opposed to monitoring their behavior or something else. All right. This is… there's just something that from a societal standpoint just doesn't seem right. And I, again, I think I'll vote for the Bill, but I mean, having the rules is better than no rules, but I just… I think that it's just… it's problematic that even under these sets of safeguards that we'd be able to have a court now sign off and say, yes, you know, rather than overseeing this person, sterilize them, But I appreciate your indulgence. Thank you."
Speaker Turner: "The Gentleman from Cook, Representative Dunkin, for what reason do you rise?"
"Will the Sponsor yield?"
"Indicates she will." 09600033.doc 142 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Thank you. Representative, my colleague asked a very interesting question and certainly raised my curiosity. What other state performs sterilization of other human beings?"
"We're one of 16 states that does not provide for a protective process when sterilization is requested of a person who's incapable of making their own decision and has a guardian appointed for them."
"We're one of 16 states that does not have the protection of sterilization of someone who is…"
"(inaudible)."
"…unable to make decisions?"
"Correct, yes."
"Okay. Is there an age limit with this?"
"No, this concerns the relationship between a guardian and a ward."
"What's the definition of a 'ward'."
"A person who has a guardian named for them."
"Again, but there is no age limit, you say, to be a ward? Well, what could… what could be someone's age, 3, 5, 34, 68,"
"Typically, I would suggest that… But I mean, this would be for an adult with some form of disability that prohibits them from being able to manage their own affairs and has a guardian appointed for them."
"So, they could not be for… this person is not under 18, correct? Am I understanding that?"
"It could be."
"Could be. Why now for such legislation?" 09600033.doc 143 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Because of our awareness that we failed to protect individuals whose guardians may arrange for sterilization against their wishes."
"Has… has been any major uptick of wards becoming pregnant who were psychologically disa… disabled?"
"I… I wouldn't know."
"Well, I'm trying to understand that so I can have a clear understanding of sort of the sense… the need for the… for the… this legislation. You say you don't know why we're doing this…"
"If a person, in the case that raised the awareness of the need for this legislation, an adult woman suffered from a traumatic brain injury and was unable to take care of her own affairs and so had an appointed guardian who had decision-making authority for her. That guardian thought it best for that individual to be sterilized. That individual did not wish to be sterilized, but there was no process by which her rights were protected."
"So, this individual became pregnant…"
"No, sterilization."
"They just want to be sterilized, so there was no specific incident appropriation."
"She did not want to be sterilized; her guardian wanted her to be."
"And this Bill does what, again?"
"It requires that there's a court process by which a thorough evaluation is undertaken and the ward has an opportunity to express their wishes and the court works through that procedure." 09600033.doc 144 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Even though they are… they have a guardian…"
"Yes."
"…ad litem, they still would be able to articulate their rationale, their reason…"
"Yes."
"…for sterilization?"
"Against it."
"Against it."
"Or for it, whatever."
"So, help me understand this. I'm not a lawyer and you know, I have the utmost respect for you. You're establishing a procedure so individuals' sterilization rights can be protected or just establishing a procedure, correct?"
"This establishes the procedure."
"And I'm a ward of the state, but yet I have a guardian ad litem. You see how I can become more… anyone of us can become confused with this here?"
"I think, the confusion comes in that we're trying about protecting all parties involved, having a very clear process."
"Representative Dunkin, bring your remarks to a close."
"Thank you, Mr. Speaker. Thank you, Representative. I'm trying… I'm still trying to figure out exactly, sort of, how if I'm a ward of the state, I have a guardian ad litem, and yet I am… you're still asking me to make a decision or judgment on my sterilization or not. It's just… it… do you understand the confusion here?" 09600033.doc 145 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"There… We are not talking about wards of the state. We're talking about persons who have a guardian ad litem."
"Who is considered a ward. Is the guardian… the person who has a guardian ad litem a ward, Representative? Representative, my time is ticking."
"I'm sorry. Okay. I misspoke."
"Help me un…"
"They are… they have a guardian."
"Yes."
"They are not a ward of the state, necessarily. There is a guardian…"
"But they are a ward, right."
"Right. And they have the opportunity through this process to have a guardian ad litem named to go through this process to protect their rights."
"But if they're not a ward of the state, the state's verify that they're a ward, correct?"
"They are not necessarily wards of the state."
"Then how does this…"
"There's a distinction between a guardian and a ward of the state."
"Well, what's a ward, again? If the state verifies or sanctions someone to be a ward or not…"
"A ward…"
"You said they're not a ward of the state, but yet they need a guardian ad litem to make decisions whether they should be sterilized or not. You see the confusion here?"
"A guardian is named for a ward who is unable to make their own decisions through a separate process." 09600033.doc 146 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"So, where does a ward come from?"
"That process we're not changing, we're not addressing."
"How does one become a ward, Representative, if the state doesn't certify or not?"
"However they become a ward currently; we're not changing that process."
"Does the city or the state certify if they're going to be a ward?"
"However… however that happens."
"Representative… Representative Dunkin…"
"Thank…"
"…your time is up."
"…thank you, Mr. Speaker."
"The Lady from Cook, Representative Mulligan, for what reason do you rise?"
"Is she taking this out of the… you're not taking it out of the record, are you? No. All right. I just… Will the Sponsor yield?"
"Indicates she will."
"My understanding is this is currently happening. There's no law to govern it. A guardian can even be the parent…"
"Yes."
"…in some instances…"
"Yes."
"…depending on what happens."
"Yes."
"I've had that case."
"Yes." 09600033.doc 147 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"And so, what you're doing is you’re making whoever wants to sterilize someone, particularly an incapacitated person…”
“Yes.”
“…seek through the court to have a third-party guardian ad litem appointed to look out for the interests…"
"Yes."
"…of the minor…"
"Of the ward."
"…or adult who's incapacitated before they can be sterilized without anybody else knowing about it."
"Yes."
"So, and most states have this, but we're one of the states that don't."
"Yes."
"And it's currently happening and the disability community has come to you or you've had an instance where you've decided you should do it on your own and said, this is going on, we'd like a remedy."
"Yes."
"And this is the appropriate remedy and so, what people aren't getting is all you're doing is you're protecting the rights of that incapacitated or underage person to have some say in the fact whether they should be sterilized or not."
"Yes."
"And so, this would change the law. Now, how much does it impact Guardianship and Advocacy or the amount the 09600033.doc 148 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 state would have to cover? Would it only include Guardianship and Advocacy when the person is indigent?"
"The court is given permissive authority for compensation… to offer compensation."
"All right. So, if the party cannot afford it, they would apport… they would appoint a court ordered guardian ad litem for the interest of the party who…"
"The individual."
"…may be sterilized, male or female, correct?"
"Yes."
"All right. I understand that and I understand a lot of the situations that could occur with this. I think this is a good idea; it's a good Bill. I commend you for carrying it. It's a little difficult on the House Floor sometimes to describe these things, but obviously, it must be necessary or all the proponents who are on here, who are seeking your aid in doing this, would not have been asking for it."
"Yes, thank you."
"The Lady from Cook, Representative Flowers, for what reason do you rise?"
"Mr. Speaker, will the Lady yield for some questions?"
"…will."
"Representative, years ago I passed legislation prohibiting judges sentencing women to birth control pills because of the side effect and the unintended consequences of what the birth control pills may do and that's when the drug situation was rather bad. And so, when I think about this legislation and the sterilization of incapacitated 09600033.doc 149 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 people, I'm concerned because I do know of the newspaper stories of the women who had been impregnated, they were incapacitated and they were in the state's care, they were not wards. They were not wards, but they were incapacitated and they were impregnated. And I think we're doing a disservice here, because, number one, this is only applicable to women, because on page 2, you talk about the reproductive health matters and so, I… this is not fair across the board as far as all incapacitated people. So…"
"I would suggest that men have reproductive health care needs as well."
"Well, we could… so, is there a form of contraceptive and childbirth… do they have childbirth? Do they give childbirth, according to your Bill? Forms of contraceptive and childbirth."
"Could you… could you give us the reference in the Bill? Do you…"
"Well, I'm looking at line 20, page 2 of the Bill. ‘The guardian ad litem may also consult with the health care provider knowledgeable about reproductive health matters including sterilizations and other forms of contraceptive and childbirth.’ So, we know men don't give birth to children."
"Those are items that would be reviewed by the court in coming to… as part of the process."
"Representative, why is this legislation necessary?"
"Because currently, people are being sterilized against their will and we don't have a process by which the 09600033.doc 150 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 guardian has to apply to ensure that this is in the best interest of the individual."
"Well, first of all, if they're being sterilized against their will, that's already against the law. So, what is the purpose of this legislation, because it appears to me that you're giving the court permission… you're giving the guardian ad litem permission to allow this to happen. You're not talking about the ones that's being sterilized against their will."
"The law allows the guardian to makes those decisions for their wards. The ward is not protected against the decision made by their guardian and that's what this process would provide, that protection."
"I'm sorry. Would you please repeat that?"
"The law allows a guardian to make that decision for their ward. This law protects the ward by ensuring there is a process so the guardian has to go through…"
"So, this…"
"…the application process and a review through the court."
"So, this is protecting the guardian that has given permission…"
"No, the ward."
"…for the patient to be sterilized without the family's permission, but the guardian ad litem has given the permission and this is to protect them."
"No."
"Okay. Well, tell me, the people that's being sterilized now against their will, that's not against the law? You mean to tell me anyone can be…" 09600033.doc 151 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"The guardian can make that decision under current law."
"Okay. And so, the purpose of this legislation, once again."
"It’s to ensure that if a guardian makes that decision, there is a process in place to protect the interest and wishes of the ward."
"Now, how do we know that is the interest and the wishes of the ward, if that ward is incapacitated? How would… how would we be able…"
Speaker Turner: "Representative, bring your remarks to a close."
"Would you please answer that question? How would you be able to authenticate that this is the wish of a ward, if that ward is incapacitated?"
"Because a guardian ad litem is appointed so the ward's wishes and capacities are evaluated through the court process."
"The Gentleman from Vermilion, Representative Black, for what reason do you rise?"
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"Representative, I commend you for your patience."
"Thank you."
"Representative, it seems to me as if everybody is simply focusing on the word ‘sterilization’…"
"Yeah." 09600033.doc 152 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"…with all the negative connotations that has in the last 125 years. Perhaps… let's take a different tact. I… I see your Bill as due process for the ward. Right?"
"Yes."
"All right. Under current law, if I'm a guardian and I watch this ward who has been adjudicated as mentally incapacitated or horribly… I don't think… I don't think I need to even go to the physical side… just stay with the severely and profoundly, mentally disabled and has been so adjudicated by a court of law. And as I watched this person grow up and come into their teen years, as a guardian I say, oh, my heavens, she could be taken advantage of; she could be impregnated. Currently, I can make the decision…"
"Yes."
"…take that ward to a hospital or a physician and have that ward sterilized and the ward knows nothing of what I'm going to do, correct?"
"Correct."
"All your Bill does is to close that procedure off and say to the guardian, no, you're not going to do that; you're not going to subject this ward to sterilization without a court hearing to see if, in fact, the ward is mentally competent to make her own decision."
"Or his, yes."
"So, in other words, the court is there to protect the ward not the guardian."
"Yes." 09600033.doc 153 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Ladies and Gentlemen of the House, I rise in support of the Bill."
"Thank you."
"The Lady is simply giving due process to the ward that they currently, under existing law, do not have. If you're concerned about the potential abuse of sterilization, then you should support the Lady's Bill, because it clearly states… wait a minute, hold on… if you're a ward, you do not have unrestricted ability to take the ward to a medical procedure and have that ward sterilized. You must go through a court and a judge and you must have that decision validated or approved by judicial review. As far as I'm concerned, this is simple due process. Let's vote."
Speaker Turner: "The Gentleman from Morgan, Representative Watson, for what reason do you rise?"
"Thank you, Mr. Speaker. I move the previous question."
"The Gentleman moved the previous question. The previous question is put. All those in favor say 'aye'. And the 'ayes' have it. And the previous question is put. Representative Ryg to close."
"Please vote 'yes'."
"Seeing no further questions, the question is, 'Shall the House pass House Bill 2290?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 111 voting 'aye', 1 voting 'no', 1 voting 'present'. And this Bill, having received the 09600033.doc 154 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 Constitutional Majority, is hereby declared passed. The Gentleman from Jackson…"
"Thank…"
"…Representative Bost."
"Thank you, Mr. Speaker. If the record could reflect for the rest of the day, Representatives Tryon and Leitch are excused."
"The record will so reflect. Members should turn in your Agreed… your Agreed Lists. Please turn in your Agreed Lists as soon as possible. The Lady from Cook, Representative Hernandez, for what reason do you rise?"
"Thank you, Speaker. I rise on a point of personal privilege."
"…your point."
"Ladies and Gentlemen of the House, I ask you to join me in giving me a warm welcome to a tireless group of individuals that run the Main Street program back in my district of Berwyn. And they are Dario Solano, Alma Ortiz, Monica Lenaris, Patty Caraballo, Josie Caraballo. And also joining us is our alderman Michele Skryd from the 4th Ward in Berwyn who is also the president of Main Street. Let's give them a warm welcome."
Speaker Turner: "Welcome to Springfield. Representative Moffitt, we have House Bill 38. Read the Bill, Mr. Clerk."
"House Bill 38, a Bill for an Act concerning State Government. Third Reading of this House Bill."
Speaker Turner: "The Gentleman from Knox, Representative Moffitt." 09600033.doc 155 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 38 establishes another interest free revolving loan fund for the fire service. As you know, we have one for fire trucks where we make the loan, no interest, the principal's paid back and the money's loaned out again. We also have one for ambulances which I believe Representative Smith was the Chief Sponsor of. And now, this one's for fire stations to rehab, remodel, or construct fire stations. With the Amendment on it, we can loan up to $2 million for 25 years and this is endorsed by all of the fire service. It is subject to appropriation and it's one of those that can continue to help our communities. We've been hearing a lot about a stimulus package at the federal level. I've talked to my Congressman in hopes that we might get some stimulus money in this and we have some other fire service revenue streams. But by being a revolving loan fund, this is one that would just continue to work in your communities. Local contractors would be there to build fire stations and help our communities. Representative Smith even has a fire district that's without a fire station now and I… and we have… the need is huge across the state. Be happy to entertain any questions…"
"Seeing…"
"…and appreciate your vote."
"Seeing no questions, the question is, 'Shall the House pass House Bill 38?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? 09600033.doc 156 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 The Clerk shall take the record. On this question, there are 113 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Lady from Cook, Representative Mulligan, for what rea… Representative Mulligan, we have House Bill 4213. Read the Bill, Mr. Clerk."
"House Bill 4213, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"The Lady from Cook, Representative Mulligan."
"Thank you, Mr. Speaker. If Representative Black would stop being so astonished, I will try to move forward. House Bill 4213 creates a Division of Women Veterans in the Division of Family Affairs within the Department of Veterans and Military Affairs. It's supported by VFW, AMVETS, American Legion, and the Governor's Office are all proponents. What it would do, it would have Illinois have two individuals that would oversee those areas. In the past, we've had some problem keeping the Division of Women Veterans at the federal level and particularly with all the different women that are serving now and all the different family matters we have with our men that are deployed overseas, we thought this would be a good idea to add those two areas into our Department of Veterans."
"Seeing no questions, the question is, 'Shall the House pass House Bill 4213?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 113 voting 'aye', 0 'noes', 0 'presents'. And this 09600033.doc 157 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 Bill, having received the Constitutional Majority, is hereby declared passed. Representative Myers on House Bill 1131. Read the Bill, Mr. Clerk."
"House Bill 1131, a Bill for an Act concerning elections. Third Reading of this House Bill."
"The Gentleman from McDonough, Representative Myers."
"Thank you, Mr. Speaker, Members of the General Assembly. Three in a row, yes. House Bill 1131 amends the Election Code. Now, this is a Bill that's an initiative of the State Board of Elections. This would allow dependents, children and spouses, of members of the Armed Forces residing… or on active duty residing overseas, it would allow these dependents to apply for an absentee ballot by fax or other electronic transmission. It would also allow for the return of those absentee ballots by mail, in person or by a licensed delivery service, in this case, something like UPS or FedEx."
"Seeing no questions, the question is, 'Shall the House pass House Bill 1131?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 113 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Vermilion, Representative Black, for what reason do you rise?"
"Mr. Speaker, a point of personal privilege, if I could." 09600033.doc 158 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"State your point."
"Thank you. Ladies and Gentlemen of the House, I want you to recognize with me 15 Democrat Bills were called in a row, 15 in a row and it took you 2 hours and 40 minutes to dispose of 15 Bills. Three Republican Bills have now been called in a row and a grand total of four and a half minutes. Keep up the good work, Mr. Speaker."
"With that in mind, Representative Osmond on House Bill 2251. Read the Bill."
"House Bill 2251, a Bill for an Act concerning waterways. Third Reading of this House Bill."
"The Lady from Lake, Representative Osmond."
"Thank you, Mr. Speaker. House Bill 2251 deals… and requires the DNR to review and update the operations manual for the Stratton and Algonquin Dams. During the recent flooding that we had in '08, it was noted that the regulations had not been updated for approximately nine years and we felt that perhaps if we put it into law that it was required to be reviewed every year that it would be proactive. And I appreciate a positive vote."
"Seeing no questions, the question is, 'Shall House Bill… I'm sorry. The Gentleman from Macon, Representative Flider, for what reason do you rise?"
"Mr. Speaker, in the spirit of being expeditious, I move the previous question."
"Seeing no further questions, the question is, 'Shall House Bill 2251 pass?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? 09600033.doc 159 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 Clerk… The Clerk shall take the record. On this question, there are 113 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. One more Republican Bill. House… Representative Pihos on House Bill 928. Read the Bill, Mr. Clerk. Read the Bill, Mr. Clerk."
"House Bill 928, a Bill for an Act concerning appropriations. Third Reading of this House Bill."
"The Lady from DuPage, Representative Pihos."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 928 is about Access DuPage. Access DuPage provides access to a comprehensive range of medical services to low-income, medically-uninsured residents of DuPage County. This is an appropriations Bill; however, this is an appropriations Bill where you get an awful lot of bang for your buck. This year and in 2008 DuPage County, through the collaboration of 700 doctors, 7 hospitals and 225 local organizations, gave out $29.2 million worth of free medical health care. The $325 thousand we are asking for today will translate into $4,875,000 worth of free medical health care. In 2008 the average monthly enrollment was 7,381 people who received free medical health care. There were 23,700 primary care visits, 63,418 prescriptions, 3 thousand visits to medical specialists and 14 thousand free hospital encounters of various types. Every dollar invested in Access DuPage yields about $15 worth of free medical care. So, it's an appropriations Bill. I know they have not been funded in the budget before and I know we have a lot of things 09600033.doc 160 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 pulling at our budget, but in a time where we're also concerned about health care, health mandates for insurance companies, this is something that was modeled actually after a Cook County model, a model that other counties are copying as well and I think we get an awful lot of free services in the health arena for our Illinois residents. So, I'd be happy to answer any questions."
Speaker Turner: "The Gentleman from Cook, Representative Fritchey, for what reason do you rise?"
"Thank you, Sponsor, to the Bill."
"To the Bill."
"Representative, I'm not going to do the Vermilion rampage on you, but I want to bring a point up and that's this. I have seen a number of my colleagues on this side of the aisle present appropriation Bills for projects that were very laudable and very worthwhile, but cost money. And I've seen them be attacked on the floor for trying to appropriate hundreds of thousands of dollars for projects located in their district at a time of deep financial crisis, at a time when we have a multibillion dollar budget deficit, at a time when we're supposed to be making cuts, not spending more money. This is a laudable program. Sometimes laudable programs cost money and sometimes laudable programs that cost us money actually save us money down the road. And I think this is the type of program, as you ably explained, that fits in that category. My comments are to the bigger picture and my comments candidly are to a number of your colleagues, that if you like support on Bills like this and you understand that Bills 09600033.doc 161 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 like this make sense sometimes and Bills like this are appropriate sometimes and Members are elected to come down here to advocate for worthwhile programs in their districts, you support those Bills; you don't attack the Bills; you don't attack the programs; you don't attack the Sponsors as I have seen happen time and time again when this type of Bill has come over from somebody on this side of the aisle for a program that's more often than not an urban program, somewhere in Chicago, serving underserved communities, serving minority communities and we get told that we can't spend the money; it's not responsible to do, find a revenue stream, et cetera, et cetera. This Bill does none of that. This Bill says give $325 thousand to a good program in your district. And I'm going to support it and I think a lot of people over here are going to support it and I would simply ask for intellectual and professional courtesy and recognition when this type of Bill gets raised by a Member over here sometime. Thank you."
"Representative Eddy, did you want to speak?"
"Was my name mentioned in debate or just referred to?"
"I think he was just referring to you."
"I thought so, too."
"So, the Gentleman from DuPage, Representative Reboletti…"
"To the Bill."
"…for what reason do you rise?"
"Mr. Speaker, to the Bill. I appreciate my colleague on the other side's comments, but I… I find it very interesting that, God forbid, if DuPage County asked 09600033.doc 162 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 for some money, then there's an issue. Three hundred and twenty-five thousand dollars to help a program that basically the people of DuPage County, the professionals, are already coming forward to, well, basically give free service and they're asking for some… and I appreciate it, Representative, I know what you're saying… in DuPage County we get 17 cents back of every dollar we send to Springfield. Now, I think it's time that some of our tax dollars came back to help all of my communities, our communities, whatever population it is. As our demographics change, we need to help our people too and DuPage County needs to be a part of that discussion and a part of these appropriations. So, I… I do appreciate Representative Fritchey's comments also."
"No further questions, the question is, 'Shall the House pass House Bill 928?' All those in favor should say 'aye'… vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 87 'ayes', 26 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 35 of the Calendar, we have House Bill 184, Representative Acevedo. Read the Bill, Mr. Clerk."
"House Bill 184, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
Speaker Turner: "The Gentleman from Cook, Representative Acevedo." 09600033.doc 163 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 184 is an initiative of the Cook County State's Attorneys Office. This Bill adds the offense of forgery to the list of many that may be charged in a single indictment, information, or complaint. I'd be happy to answer any questions."
"Seeing no questions, the question is, 'Shall the House pass House Bill 184?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 113 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Smith, we have House Bill 2491. Read the Bill, Mr. Clerk."
"House Bill 2491, a Bill for an Act concerning safety. Third Reading of this House Bill."
Speaker Turner: "The Gentleman from Fulton, Representative Smith."
"Thank you, Mr. Speaker. Ladies and Gentlemen, this is legislation for the Drycleaner Environmental Response Trust Fund. This is at the request of their council. Basically is cleanup to the existing Act that they operate under. Most of the changes here are at the request of the Department of Revenue who helps the council administer the program. I'd be happy to answer any questions."
"Seeing no questions, the question is, 'Shall the House pass House Bill 2491?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now 09600033.doc 164 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 94 voting 'aye', 19 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Lady from Cook, Representative Mulligan, for what reason do you rise?"
"Thank you, Mr. Speaker. I rise to address the situation that happened a few Bills ago which is not the first time in the last several days I've felt like talking about it, I just didn't want to talk about it while someone had their Bill up. We have, in the past, with appropriation Bills, particularly individual Members appropriations Bills, group them together in our committee in Human Services and brought them out in one lump sum and the object was for the Members of the committee to indicate that they had some support for that in the ultimate budget negotiation. Last year we changed that process and we started bringing out lots of individual Bills and Members don't know whether they're supporting and in many instances, some of us support large groups where everybody benefits and others bring forth Bills that support their community or their own individual areas which we call Member projects as opposed to something that benefits, say, a whole area of care or domestic violence or something like that. I think what's happening here is very inappropriate since we haven't addressed the budget yet. We're still in the process of hearings and what you're doing is you're putting all the Members and many of the people in a position of discussing individual Bills, whether you're for 09600033.doc 165 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 or against them, when sometimes a Member just wants some support. The way we're doing it is inappropriate; I don't think it's the correct way to do it. I think it's causing a lot of trouble for individual Members and a lot of hard feelings which I don't think are necessary, because everybody has their own issues that are important to them and should be important to them, but you're putting the whole Body in a case where the state is looking at potentially, we've been asked for income tax increases, we have a budget that's way off mark and yet we're running appropriation Bills at a time that's totally inappropriate and then we're having Members fight with each other where that… that should be the case. For once in this time, particularly at the need of this state, I think it's important that the intelligent Members of this Body get together and figure out where we're going with this state instead of playing all these games with Bills that we bring up or Bills that we won't call or just a lot of games with Bills that are nothing meant for a mail piece at home or a feel good as opposed to taking care of the state's problems. I didn't want to bring this up in the middle of any person's Bill because I don't think that's fair, but in some instances, as a Minority spokesman of Human Services, I have to get up and speak and I don't like that position. So, I think what you should do is should revisit how the heck we're doing the budget and how you're putting forth all appropriation… appropriation Bills at an inappropriate time." 09600033.doc 166 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Your point is well-taken, Representative. On the Order of page… on page 34 of the Calendar, we have House Bill 13. Representative Arroyo. Read the Bill, Mr. Clerk."
"House Bill 13, a Bill for an Act concerning appropriations. Third Reading."
"…from Cook, Representative Arroyo."
"Thank you, Mr. Speaker, Members of the House. This Bill will create a line item in the budget for YouthBuild programs in all parts of our state. YouthBuild is a nationwide program teaching at-risk kids for construction skills, rehabbing homes, construction, connecting them to jobs. Illinois had up to 17 programs at one-time; we are now down to 4. Average youths are 16 to 24 years of age, high school dropouts, youth reentering life after incarceration, children incar… children of incarcerated parents or children of homeless or low-income families. YouthBuild continues their education, teaches them a trade in construction, link them to construction labor unions, links them to job placements or more schooling, links them to drug treatment and counseling, puts affordable housing back in our community. I urge an 'aye' vote and willing to answer any questions."
"The Gentleman from Crawford, Representative Eddy, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, very quickly. Is this a line item in the current budget this year? Is this funded?" 09600033.doc 167 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Yes."
"It is in the FY09 budget?"
"No, this would put it in there, Roger."
"Okay. So, this is a new program?"
"No. It's been in the system for a while. We currently used to have 10. Now, we've lost the funding, so we only have 4 right now and we're looking to open more."
"Okay. So, fiscal year to fiscal year you're looking to increase the line item by $1 million?"
"No. I believe it's five."
"I guess it… In the current budget year, is there an appropriation for this program?"
"In this current year, DHS has discretion on youth services."
"Okay. Well, Representative, what I guess I'm trying to determine is whether or not… Well, let me ask it a diff… Is the Governor, in his introduced budget, does he… does he include a line item for this…"
"Not yet."
"…this particular project?"
"No, Roger, not yet."
"He does not."
"No."
"So, this is something you're attempting to add that you feel obviously is a good program…"
"Right."
"…and I don't have a quarrel with your attempt. My concern, and I hope folks understand, it's consistent; it's across both sides. My concern is the approach we're taking 09600033.doc 168 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 and the fact that these appropriation Bills, while they may be and probably are for well-intentioned projects, it's going to be very, very difficult to put a budget together this year and any increases is especially difficult. I just can't support the notion that we can pile on all this spending without knowing what revenue source is going to be, where we're at, and it is for that reason I oppose these Bills. I certainly respect the fact that many of you have projects you think are worthwhile, but from a very conservative standpoint as far as budgeting, I would urge folks to take a look at all of these appropriations Bills and until we know what the funding is going to be that we vote 'no' on these types of Bills and approach a budget with a responsible fiscal eye rather than just piling the spending on before we know what the appropriation is."
Speaker Turner: "The Gentleman from Cook, Representative Fritchey, for what reason do you rise?"
"Thank you, Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, you feel the program is a pretty good program, isn't it?"
"Very good, I think."
"What… what type of things does it do?"
"Well, it helps kids get a free apprenticeship program, so they can get jobs. When they come out of jail, they could get… there are… The four programs that are working right now are pretty good programs. When we had committee in Human Services, we had a couple of kids that came out and said that they finally were able to get a union job and 09600033.doc 169 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 then, you know, they were really happy about that. And also what it does is it is cheaper than putting a kid through ja… if a kid goes to jail, it's $70 thousand per year. So, YouthBuild is only 10 thousand a year."
"That… that… you know what, you're a step ahead of me because this is the type of Bill that we need to invest money in, but actually, not only does it help train kids to become productive members of society, but when you do that, the odds of those kids winding up in trouble on the streets goes down dramatically. And when you do that, the odds of them winding up in jail goes down dramatically and the cost involved in incarceration goes down dramatically. So what we are doing is investing money to actually save money down the road while at the same time making these kids more productive members of society, correct?"
"Absolutely… absolutely."
"Ladies and Gentlemen, I did not know that this Bill was coming up, but I will submit to you that this is exactly what I was talking about before. The Gentleman has a Bill for an appropriation that is actually statewide not just districtwide for… that does some very, very good things that are very important for kids in his area, for kids in my area, but things that will save the state money down the long… down the road in the long run. And I would sincerely hope that some of you will have listened to my plea for professional and intellectual honesty beforehand and each and every one of you that supported Representative Pihos's legislation for a good program that saves the state money in the long run, will do the right thing and support 09600033.doc 170 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 this legislation that saves money and does a good thing and helps us all in the long run. What goes around comes around. Thank you."
Speaker Turner: "The Gentleman from Lake, Representative Sullivan, for what reason do you rise?"
"Thank you, Mr. Speaker. To the Bill. Actually, to the process. The previous speaker, and I have not spoken on these Bills, I have just quietly voted against them, I voted against some very good ideas that we can't afford. We are being intellectually honest. The process is not intellectually honest. That's the problem, Representative Fritchey. All right. You know, you're bordering on… I'm not going to say it… it's the process that we're having a problem with, Representative. I don't want you to tell me that I'm voting against a good idea and you know, the last time I voted against my own Representatives. So, it's the process that we want to talk about. I don't want to go down the path of saying that us voting against this is against a very good idea and I do applaud the Gentleman for the idea, but this process should never have been changed two years ago as Representative Mulligan had said. That's why we're voting 'no'. So, that's why I'm standing before you."
Speaker Turner: "The Gentleman from Cook, Representative Fritchey, for what reason do you rise?"
"Thank you, Speaker. My name was used in debate. Representative, let… let me… let me clarify something. By no means did I intend to personalize any of this and I'll tell you what, if you voted 'no' on the previous 09600033.doc 171 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 legislation, you should vote 'no' on this Bill as well. All right. That is intellectually honest to do and I submit that. If you think that the prior program was a bad program or that this program was a bad program, then I can see somebody opposing it. My… my concern and you're right, there are some procedural issues here, big picture. What I was trying to get at though, was that there are times that there are laudable expenditures and ones that we can recognize as being a good thing and that we should treat these with an even hand to the extent that you are doing that, I respect you for doing it. I think you know the point that I was trying to make where people aren't going to simply rally around and say, well, when it's somebody on our side that has a Bill like that, we'll support it, but if it's somebody on their side, we won't. So, that's the only point. I just wanted to make sure that my comments weren't misconstrued."
"The Gentleman from Vermilion, Representative Black, for what reason do you rise?"
"Yeah. Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. To the Bill. The board clearly shows I'm a cosponsor of the Bill; I'm familiar with the program. I support the program. I echo the remarks of some of my colleagues on this side of the aisle in that the process is certainly changed over the years and it's certainly somewhat confusing and perhaps puts our desires at odds with reality, but this is the way we're going to do it. It's not the way we used to and I think it probably is somewhat foolish to do these appropriation Bills before we 09600033.doc 172 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 have really grappled with the budget and as much as I think the program is worthwhile and withstand… would withstand any audit that anybody would request, I don't know whether we have the money and it appears that we may not. If we don't, I simply would submit that I doubt that this item will survive in the budget, if, in fact, it gets to that point. If it does get into the budget, it may very well face a gubernatorial Veto and I'm talking about the kind of gubernatorial Vetoes we've had the last six years, I think Governor Quinn will do what he thinks he has to do, given the fiscal crisis that we're in. And I think I share the views of the Sponsor and many people on both sides of the aisle in that we're conflicted; we don't know what to do. We… we have programs and needs and community-based organizations that we're all familiar with that do the job we asked them to do some years ago and it… if they don't appear in any agency budget, they obviously didn't this year and I understand that and I commend the Governor for a realistic budget message, but then we're left with, well, what do we do? Do we just sit back and do nothing and go back to our community-based organizations who will then ask us, well, what did you do for me? Well, I didn't do anything because I'm not sure we have the money. Well, all of us know the conflict that that puts us in. They don't want us to come back… as much as I think the Sponsor would be honest with these people and I would try to be honest with people, we all know this process, that is not what they want to hear. And when you tell them, I didn't do anything, then they say, well, why not? What are you there 09600033.doc 173 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 for? This is a catch-22 situation. We're going to be… we're going to be sworn at if we do; we're going to be sworn at if we don't. I think all of us will have to vote our individual conscience and/or our districts. If in the budget process some of these appropriations survive, fine. I guess the only confidence I have left, given the way we've changed the way we appropriate, the only confidence I have left is that it still has to go through the Senate; it still has to be approved by the Governor and unlike the last six years, I think we now have a Governor who will look at all of these individual appropriation items and act accordingly. The Sponsor is doing what people in his area have asked him to do; I'm doing what I thought I should do because I'm familiar with the program, I believe in the program and I have some appropriation Bills. It's… it's not the same; we all know we're in trouble. We all know that perhaps none of these will survive through the gubernatorial approval process. But if somebody could tell me how we're supposed to react to needs in the state and/or in our district, I wish you'd tell me, 'cause I don't know how. I don't know what we're supposed to do. This is the process we have; this is what some of us think we have to do. I intend to vote for the Bill."
"Seeing no further questions, the question is, 'Shall the House pass House Bill 13?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 81 voting 'aye', 32 voting 'no', 0 'presents'. 09600033.doc 174 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have Representative Reis on House Bill 3956. The Gentleman from Jasper, Representative Reis. Read the Bill, Mr. Clerk."
"House Bill 3956, a Bill for an Act concerning transportation. Third Reading."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. House Bill 3956 is a Bill that has passed several times in this Assembly and I think it's a time… a Bill whose time has come. This Bill will raise the speed limit for semi-truck drivers to 65 from the current 55. What's different about this Bill this year, and we've tried to make this as… we tried to make this as easy as possible on people, is that Cook and the five collar counties are exempt. They will remain at 55 for semis. Also, the Metro East areas and urban areas such as Peoria, Bloomington, if IDOT deems those areas to stay at 55, they will. So, this would be only rural interstates. Illinois, Oregon, and California are the only three states left that don't have speed limits higher than 55 for semis. We still have opposition from AAA and the Department of Transportation and they cite the same safety concerns that have been proven wrong in other states. What this does is provide a uniform speed limit for our highways so that the traffic is going at the same speed. We all know how frustrated we get when semis are in the left lane, they're passing, they're going 55 miles an hour, you can't get around them, you come up on people too quick, you're watching behind, you're 09600033.doc 175 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 watching ahead of you. It's been proven by safety studies that are only… that those… the data that comes just from the interstates and those states that have it has proven that uniform speed limit is much more safe. I'm sure there'll be a few questions on this. So, Mr. Speaker, I'll be happy to answer any questions and ultimately ask for an 'aye' vote."
"The Lady from Cook, Representative Monique Davis, for what reason do you rise?" Davis, M.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will." Davis, M.: "Representative, you say your Bill passed out of here twice?"
"Actually, three times. And…" Davis, M.: "And then what happened?"
"It was passed in the Senate and the Governor vetoed it." Davis, M.: "And I think he might have vetoed it because he realized the danger of a truck traveling at that awful speed. What speed are we talking about?"
"We're talking about going from 55 to 65 and even if this passes, Illinois will still have the lowest speed limit for semis. Other states have 65, some states have 70, some states have 75." Davis, M.: "So, let me ask you, what is the purpose though, of seeking to increase the speed of trucks?"
"It is a matter of safety, Representative. And I'm glad you've asked that because when all the traffic is going at the same speed, it is much safer." Davis, M.: "Not if it has 18 wheels and you have only four." 09600033.doc 176 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Representative, 47 other states have this. It is proven that their traffic fatalities are lower than ours." Davis, M.: "No."
"This is a… this is data from the 11 other states that have uniform truck speeds and vehicle speeds. Let me answer your question, Representative." Davis, M.: "Only 11?"
"All 11 states that have uniform speeds have a lower fatality rate per thousand miles driven than Illinois has right now with the lower speed." Davis, M.: "To the Bill, Mr. Speaker. Some of us travel up and down that highway twice a week and many of us have a very difficult time making sure that a truck is not raring behind us and we have to move out of the way to make sure that we're safe. I hate to think of a mother in a car with her baby seats in the back and one of these 18-wheelers going at the same rate of speed that that car is going. And I think most of us know that as trucks travel up and down the highway, the weight of that truck is much different than the weight of a car, which makes it much more difficult for them to stop at the same rate that you can stop. This Bill should not be signed into law. As much as we may say about the previous Governor, I do believe his decision was extremely wise and maybe it's because he has young children he realizes the danger of having a big 18-wheeler traveling at the same rate of an automobile. It's a dangerous situation. I travel it twice a week and if you go on those roads at night, you'd really 09600033.doc 177 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 better be very careful 'cause they're already going past… way past 65 or 75 miles an hour. I urge a 'no' vote."
Speaker Turner: "The Gentleman from Cook, Representative Froehlich, for what reason do you rise?"
"Thank you, Mr. Speaker. Would the Sponsor yield for a question?"
"If you can."
"Indicates he will."
"Yeah. Representative Reis, other states may do a better job of enforcing speed limits than we do. Would you concede that in Illinois it's not unusual, especially on rural interstates, for vehicles to go 10 miles even 20 miles over the limit?"
"Well, Representative, I think if we had passed some budgets the last few years that had put more State Police cars on the road, we wouldn't have that problem, but you know, they consider Illinois a speed bump because they have to slow down. You know, are they probably going 60 or 65 in some cases, but oh, heck, I've seen Legislators pass me going a hundred, so lots of people don't obey speed limits. But I think that you'll see a lot of trucks, if this were to pass, drive at that 65 because that's what they're driving in other states."
"Well, my concern is that if that same 10 to 20 mile an hour over the limit, you know, practice prevails, as it does now, then you'd have these big rigs going not 65 but 75 or 80. And I wonder if you think it's safe, you've mentioned traffic safety, for vehicles that big knowing how 09600033.doc 178 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 long it takes them to stop to be traveling 75 and 80 miles an hour?"
"Representative, I have a question for you. Do you travel in other states when you go on vacation?"
"On occasion, but…"
"Are you fearful of your life when those other states all but two of which other than Illinois have a higher speed limit for our trucks?"
"Well, but actually to answer your question, the state I drive in more is Wisconsin and boy, I stay pretty close to the speed limit because of their reputation there for enforcing the speed limit much more closer to the actual limit than we do in Illinois."
"Well, maybe we'll work on that, but I'll give you instances. Iowa is 70 miles an hour. I'm giving you surrounding states here. Ohio's 65; Tennessee is 70 for trucks; Georgia 70. Lots of surrounding states here in the Midwest have speed limits even faster for semis than what we're asking for. So…"
"Well, I understand, but you…"
"…you… we don't see a problem with traffic accidents and them driving 10 or 20 miles an hour over."
"Well, we know that people drive over the limit here, 10 to 20 over, I'm just worried, if this passes, we'll have the big rigs going not 65 but 75 and 80 and I don't think that promotes traffic safety. Thank you."
Speaker Turner: "The Gentleman from Jackson, Representative Bost, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield?" 09600033.doc 179 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Indicates he will."
"Just to reiterate here, exactly how many states have uniform speed limit?"
"Uniform speed limits is 11."
"Okay."
"Other states have faster speed limits for trucks than what we're asking for…"
"Correct."
"…but the vehicle limit is even faster than that."
"And the… and the uniform speed limit states are the ones with the lesser accidents do occur. Is that correct?"
"Absolutely."
"Correct."
"They're the green highlighted ones, all 11 of them, have lower fatality rates than we do at the…"
"Right."
"…reduced speed."
"Mr. Speaker, to the Bill."
"…Bill."
"When I look around… and I don't know, I think there's… there is a couple on the other side of the aisle, this is how I used to make my living. I used to drive tractor- trailer. Folks, driven at a constant speed with the flow of traffic is always safer. You know and I know, as you move up and down our highways, if the trucking… if the trucker is obeying the speed limit, you must change lanes, move around, endangering others as you make those lane changes, statistics have already shown that more accidents occur because of this ununiform speed limit. Now, I know 09600033.doc 180 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 the argument from the other side of the aisle… not from the other side, from one of the other Representatives, that they are… there are some out there disobeying the speed limits. That's an enforcement problem; that's not what this Bill deals with. You want to do something safe, uniform speed limits is safe. The states… in every state that it has uniform speed limits shows that that is a fact, it only makes sense. You stay in your lane; you don't have to move out of your lane unless you're speeding, then you might have to move around, but the reality is a flow of traffic regardless of the size of the vehicle, and just so you know, the ability for a tractor-trailer to stop… to stop has improved tremendously with the modern-day tractor- trailers based on the fact of the braking systems that are in place, the antilock brakes, all of these as well. I think it's very… it's time for this Bill. We have argued it for many years; we’ve had it pass before. The Governor is the one who vetoed it this last time out. I believe that we should send this on. It makes sense. I support the Bill."
"The Gentleman from Vermilion, Representative Black, for what reason do you rise?"
"I'm not sure, Mr. Speaker. To the Bill. Ladies and Gentlemen of the House, for those of you who can't or will not vote for this Bill, I will certainly respect your vote if you cast it on the belief that you just simply don't think this is good public policy, that Illinois should be one of only three states that somehow doesn't think this is good public policy. What I would prefer that we not do is 09600033.doc 181 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 that we say, well, a truck just can't drive 65 miles an hour on Lake Shore Drive. Absolutely, absolutely, we agree with you. No road in Cook County or any of the collar counties are impacted by this Bill. We've heard that for the last three or four years. Well, you shouldn't go 65 miles an hour on the Dan Ryan. I agree and this Bill does not allow any second division vehicle, truck if you will, to go 65 miles an hour on the Dan Ryan, the Kennedy, whatever. No highway in Cook County is impacted by this whatsoever, only rural designated interstate highways and IDOT designates them based on traffic count and the distance between an entrance and an exit off the interstate highways. They can designate the area around Bloomington, Illinois, on I-55, for example, as a noninterstate highway, in fact, I believe they do. And this will not change that. The speed limit there will be 55 miles an hour. Where I live, where you can drive miles and not see anything other than the occasional deer, who might bound out in front of you or another car going the other way, it's perfectly safe to let trucks go at the same speed limit as a car. I won't belabor the point, but every year we get up here and we hear Legislators say, well, when I go home on I-57 or I-55, I have to literally outrun these trucks. They come up behind me they're going to run over me. Ladies and Gentlemen of the House, I've been here long enough to have seen four television expose’s done by either Channel 7 or Channel 5 or Channel 2 out of Chicago, where they take pictures of Chicago area Legislators on I-55 one time they did it the lowest speed for a legislative plate was 88 09600033.doc 182 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 miles an hour and the highest held by a Republican, who I know well, was 113 miles an hour. So, I think it's well- documented what Legislators often drive on interstate highways and use their legislative plate. Another speaker said, criticized the State Police of Illinois; they don't enforce the law. Well, I can tell you, Representative, they've enforced it against me and I'm not a truck. I got a ticket and I'll admit the trooper was a rookie and didn't know what my license plate meant. He asked me if I was a private detective; that's another issue. But I got a ticket. We do enforce the law. There's nothing in writing that let's you get 5 or 10 or 20 miles an hour over the limit. If they're not doing their job, call the new director, as soon as he's old enough to vote, the new director of the Illinois State Police and complain to him. Tell him you want better enforcement. If you can't vote for this, I respect your views, but vote for it based on fact not on fiction and not on fantasy. In closing let me just say from a constituent of mine, who I think sums it up very well, as a 32 vet… as a 32-year veteran…"
"End your remarks."
"…professional truck driver, I can attest without equivocation as to the problems that split speed limits have always caused, something that highway engineers have known forever. This isn't rocket science. When as a rule of law interaction between moving vehicles has increased by virtue of different speed limits or for any other reason, accidents of all types increase proportionately. As the Sponsor has clearly indicated, the data clearly shows that 09600033.doc 183 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 in states that have a uniform speed limit the fatality rate and the accident rate is lower than it is in the State of Illinois as it involves divisions of the second… or trucks of the second division. So, I don't know of any reason to vote against this. It doesn't apply to metropolitan areas; it doesn't apply to any roadway other than a rural, designated interstate highway. I urge an 'aye' vote."
Speaker Turner: "The Gentleman from Cook, Representative McCarthy, for what reason do you rise?"
"Thank you, Mr. Speaker. I move the previous question."
"Gentleman moves the previous question. The previous question is put. All those in favor say 'aye'. The 'ayes' have it. And the previous question is put. Representative Reis to close."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Just a couple more things on this. This is a matter of economic impact, as well. It is very hard, almost impossible for a semi driver to make it from the Chicagoland area to St. Louis and back in the same day because of this law. Sixty-five would allow them to do that. It passed… a similar version of this passed the Senate today with 47 votes. It doesn't even exempt Cook and the five collar counties. So, I think my Bill is a very good compromise. Let's test this on the open rural interstates and see how it works. And I ask for an 'aye' vote."
"Seeing no further questions, the question is, 'Shall the House pass House Bill 3956?' All those in favor 09600033.doc 184 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 77 voting 'aye', 35 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. I've got one more Third Reading Bill. Representative… Representative Verschoore on House Bill 644. The Gentleman from Jackson, Representative Bost, for what reason do you rise?"
"Thank you, Mr. Speaker. If we could, we also need to add Representative Mulligan to the… to the excused roll the rest of the afternoon."
"Mr. Clerk, on the Order of Third Readings, we have House Bill 644. Representative Verschoore. Read the Bill, Mr. Clerk."
"House Bill 644, a Bill for an Act concerning local government."
Speaker Turner: "Representative Verschoore, I understand there's an Amendment on this Bill. The Sponsor asks to bring the Bill back to Second Reading. Read the Bill, Mr. Clerk."
"On Hou… on House Bill 644, Floor Amendment #1, offered by Representative Verschoore, has been approved for consideration."
"The Gentleman from Rock Island, Representative Verschoore."
"Thank you, Mr. Speaker and Ladies and Gentlemen. What this Bill does is it allows townships to shut off the water if people do not pay their sewer bills and it only 09600033.doc 185 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 affects 10 townships. Most cities have this right now and this would just allow them to do that so they could collect their fees. I'd be glad to answer any questions."
"Seeing no questions, the question is, 'Shall the House… I'm sorry. The Gentleman from Vermilion, Representative Black, for what reason do you rise?"
"With apologies, Mr. Speaker. I think the Sponsor misspoke. Can I ask him a quick question?"
"Yes, you can."
"He said what the Bill does. I think he meant what the Amendment does."
"Right."
"You're adding language in the Amendment."
"Right."
"It does not change the substance of the Bill, just adds to the Bill?"
"Right."
"All right. So, we're voting on the Amendment and not the Bill?"
"Right. I'm sorry, yes."
"Okay. Thank you very much."
"Yeah."
"Seeing no further questions, the question is, 'Shall the House adopt Floor Amendment #1 to House Bill 644?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Further Amendments?"
"No further Amendments. No Motions filed." 09600033.doc 186 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Third Reading. Ladies and Gentlemen, we're going to go to the Order of Second Readings to move some Bills to Third Readings. So, I'd ask that you listen attentively to make certain you're ready to move that legislation. The first Bill that we're going to call is Representative Bellock on House Bill 277. Out of the record. The next Bill we're going to call is Representative Cavaletto on House Bill 770. Read the Bill, Mr. Clerk."
"House Bill 770, a Bill for an Act concerning finance. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Cavaletto, has been approved for consideration."
Speaker Turner: "The Gentleman from Marion, Representative Cavaletto."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #1 to House Bill 770 protects the underground storage tank fund from administrative chargebacks. The Governor's budget proposal includes the plan to reinstate this type of transfer so that this Bill will make sure the underground storage tank fund is protected. I ask for your adoption."
"Seeing no questions, the question is, 'Shall the House adopt Floor Amendment #1 to House Bill 770?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment passes. Further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Fortner, we have House Bill 806. Read the Bill, Mr. Clerk." 09600033.doc 187 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"House Bill 806, a Bill for an Act concerning education. Second Reading of this House Bill. Floor Amendment #1, offered by Representative Fortner, has been approved for consideration."
Speaker Turner: "Gentleman from DuPage, Representative Fortner."
"Thank you. Floor Amendment 1 clarifies the role of the school district in assessing the readiness of the child. Removes opposition and the School Management Alliance supports it as amended."
"Seeing no questions, the question is, 'Shall the House adopt Floor Amendment #1 to House Bill 806?' All those in favor should vote 'aye'; all tho… should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Poe, we have House Bill 1004. It's on the Order of Second Reading. Read the Bill, Mr. Clerk."
"House Bill 1004, a Bill for an Act concerning revenue. Second Reading of this House Bill. No Amendments. No Motions filed."
"Third Reading. Representative Pritchard, we have House Bill 2253. Pritchard. Read the Bill, Mr. Clerk."
"House Bill 2253, a Bill for an Act concerning education. Amendment #1 was adopted in committee. Floor 09600033.doc 188 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 Amendment #2, offered by Representative Pritchard, has been approved for consideration."
"The Gentleman from DeKalb on Representative… on Floor Amendment #2."
"Thank you, Mr. Speaker. What we've done here is to try to clean up the language. Following committee hearing, there were some points that the names we had used for sworn and not sworn officers was not common in the Code, so we've gone back and throughout the Bill we've re… adjusted those words to say law enforcement officers and nonlaw enforcement officers. That's all we did… did with changing of this. It still remains the same intent."
"Seeing no further questions, the question is, 'Shall the House adopt Floor Amendment #2 to House Bill 2253?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #2 is adopted. Further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Ramey, we have House Bill 4211. Read the Bill, Mr. Clerk."
"House Bill 4211, a Bill for an Act concerning State Government. Second Reading of this House Bill. No Amendments. No Motions filed."
"Out of the record. Representative Reboletti, we have House Bill 1105. Read the Bill, Mr. Clerk."
"House Bill 1105, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Amendments. No Motions filed." 09600033.doc 189 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Third Reading. Representative Reboletti, we have House Bill 2643. Read the Bill, Mr. Clerk."
"House Bill 2643, a Bill for an Act concerning public employee benefits. Second Reading of this House Bill. No Amendments. No Motions filed."
"Third Reading. Representative Reboletti, we have House… Representative Sacia, we have House Bill 583. Read the Bill, Mr. Clerk. Representative Sacia, your Bill has notes on it. It will remain on Second. Representative Farnham on House Bill 705. Representative Farnham. Read the Bill, Mr. Clerk."
"House Bill 705 has been read a second time, previously. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Hannig, we have House Bill 2405. Read the Bill, Mr. Clerk."
"House Bill 2405, a Bill for an Act concerning civil law. Second Reading of this House Bill. Floor Amendment #1, offered by Representative Lang, has been approved for consideration."
"Representative Lang on Amendment #1."
"Thank you, Mr. Speaker. This is a technical Amendment that corrects the spelling of a word."
"Representative Lang moves for the adoption of Floor Amendment #1 to House Bill 2405. All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Further Amendments?"
"No further Amendments. No Motions filed." 09600033.doc 190 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Third Reading. Representative May, House Bill 1042. Out of the record. Representative McCarthy, we have House Bill 2318. Read the Bill, Mr. Clerk."
"House Bill 2318, a Bill for an Act concerning regulation. Second Reading of this House Bill. Floor Amendment #1, offered by Representative McCarthy, has been approved for consideration."
Speaker Turner: "The Gentleman from Cook, Representative McCarthy."
"Thank you, Mr. Speaker. Floor Amendment #1 changes two words. It changes the Department of Human Services to the Department of Public Health to correct a drafting error. So, I'd move for its adoption."
"Seeing no further questions, the question is, 'Shall the House adopt Amendment #1 to House Bill 2318?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #1 is adopted. Further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Mr. Clerk, what's the status of House Bill 152?"
"House Bill 152 is on the Order of House Bills- Second Reading."
"Read the Bill, Mr. Clerk."
"House Bill 152 has been read a second time, previously. Amendments 1 and 2 were adopted in committee. No Floor Amendments have been approved for consideration." 09600033.doc 191 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Mendoza, do you want to move 152? There's an Amendment in Rules. So, we'll hold this Bill then. How about 2490? Read the Bill, Mr. Clerk."
"House Bill 2490, a Bill for an Act concerning transportation. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Thapedi, we have House Bill 1793. Out of the record. House Bill 2005, Representative Thapedi. Out of the record. Representative Reitz, we have House Bill 3830. Read the Bill, Mr. Clerk."
"House Bill 3830, a Bill for an Act concerning safety. Second Reading of this House Bill. No Amendments. No Motions filed."
"Third Reading. Representative Walker, we have House Bill 4120. Read the Bill, Mr. Clerk."
"House Bill 4120, a Bill for an Act concerning revenue. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading… Third Reading. Representative Yarbrough, we have House Bill 602. Read the Bill, Mr. Clerk."
"House Bill 602, a Bill for an Act concerning appropriations. Second Reading of this House Bill. No Amendments. No Motions filed."
"Third Reading. Representative Saviano, we have House Bill 579. Read the Bill, Mr. Clerk." 09600033.doc 192 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"House Bill 579, a Bill for an Act concerning public employee benefits. Second Reading of this House Bill. No Amendments. No Motions filed."
"Third Reading. Representative Schmitz, we have House Bill 4047. Read the Bill, Mr… Out of the record. Representative Senger, we have House Bill 1313. Read the Bill, Mr. Clerk."
"House Bill 1313 has been read a second time, previously. Floor Amendment #1, offered by Representative Senger, has been approved for consideration."
"The Lady from Will, Representative Senger."
"Yes. I have an Amendment to be adopted to 1313. It's replacing 'or' with 'and' to basically include three criteria and it removes an opponent."
Speaker Turner: "The Gentleman from McLean, Representative Brady, for what reason do you rise?"
"A point of personal privilege."
"State your point."
"Ladies and Gentlemen, would you please welcome up in the… on the Republican side in the gallery from my Legislative District, Mr. and Mrs. Brad Cole and their three daughters that are here visiting Springfield today. Welcome."
"Welcome to Springfield. The Lady from Cook, Representative Davis, for what reason do you rise?" Davis, M.: "I'd like the Representative to please explain her Amendment."
"Yes. What this Amendment is doing is replacing the word 'or' with 'and' in the list of criteria that must be 09600033.doc 193 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 heard before a school board which can take action off campus on an off campus threat. And also, replaces the words 'bearing to a reasonable relationship'. This is for 1313. Replacing 'bearing a reasonable relationship' with 'threatening’. This is 1313; this is the Oswego School District. This is at the request of the ACLU which we sat with and they are now in agreement with the Bill." Davis, M.: "The ACLU asked you to put an Amendment on your legislation."
"Yes." Davis, M.: "And it will do exactly what?"
"It's basically… what it's going to do is, the Bill read previously three… three criteria: the student must make an explicit threat; the Internet Web site, through which the threat was made, must be a site accessible at the school, and the threat could be reasonably interpreted as a threat. The Amendment is to taking the word 'or' out and replacing with 'and'. So, all three criteria." Davis, M.: "So, if a student makes a threat, you're saying, on the Internet, they can be sent to an alternative school?"
"No. This is not the alternative school Bill." Davis, M.: "Oh, it's not. Okay. Thank you."
"Okay."
"Seeing no further questions, the question is, 'Shall the House adopt Floor Amendment #1 to House Bill 1313?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Further Amendments?" 09600033.doc 194 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"No further Amendments. No Motions filed."
"Third Reading. Representative Sullivan, House Bill 3716. Read the Bill, Mr. Clerk."
"House Bill…"
"Out of the record. Out of the record. Sorry, out of the record. We're going to go back to the Order of Third Readings. We have Representative Eddie Washington on House Bill 2678. The Gentleman from Lake, Representative Washington. Read the Bill, Mr. Clerk, I'm sorry."
"House Bill…"
"House Bill 2678."
"House Bill 2678, a Bill for an Act concerning courts. Third Reading of this House Bill."
"Thank you, Mr. Speaker. House Bill 2678 provides that a delinquent minor may be placed in electronic home detention as his or her sentence according to the juvenile electronic home detention law which House Bill 2678 creates. This Bill is intended to give the courts more options than placing juveniles in detention facilities. And I can answer any questions."
"The Gentleman from Crawford, Representative Eddy, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will."
"Representative, just to be clear here regarding the offense for which you're seeking home detention or electronic home detention. What… what type of allega… what type of offenses are covered by this?" 09600033.doc 195 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"I'm sorry, Representative, I didn't catch that last… what type of what?"
"What offenses would be covered by this eligibility for home electronic detention? I mean, if a juvenile committed… is it…"
"This… Well, let me… let me… let me share this with you. The genesis of this Bill comes of bringing the courts relief. I've talked with a number of people in the court system who said that there are juveniles who commit minor offenses who are going to spend less than 90 days or so in jail, will be a prime candidate for home detention monitoring which would serve as the incarcerated time and take some of the tax burdens off the taxpayer in terms of putting a juvenile in a facility that they're going to be there less than 90 days."
"Okay."
"So, the program is for a period not longer than to last 90 days of incarceration. So, that would kind of give you an idea, Representative, of the minor offenses that this would alleviate some of the tax burdens on the taxpayer."
"Okay. So, I guess, I'm still trying to get my arms around what exactly these offenses might be. Likely then, if it's 90 days or less, the detention would not be for a felony?"
"That's correct."
"These would be… and I'm not sure what minor means when it comes to juvenile offenses… but I guess, your intent here…" 09600033.doc 196 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Let me… let me help you, if I… and may."
"Yeah, please."
"The crime the program doesn't cover. Delinquent minors cannot be placed in an electronic home detention program for the following crime… this answers your question… first degree murder, escape, criminal sexual assault, avagrated… aggravated battery with a firearm, bringing or possessing a firearm or explosives in a penal institution, any 'Super-X' drug offenses or calculated criminal drug or street gang conspiracy. Those are the crimes that the program doesn't cover. The 'supervising authority' means the Department of Juvenile Justice, probation supervisory authority, sheriff, superintendent of a juvenile detention center or any other officer or agency charged with authorizing and supervising home… supervising home detention."
"Okay. And the electronic home detention program that they would be under would be whatever electronic home detention program that exists in that jurisdiction at the time and they would be subject to being removed from electronic home detention if they violate any of the terms of it. You're just looking for an alternate location during the time when they are being held for the offense."
"You got it, Representative."
"All right. Well, I appreciate the explanation. I know a lot of young people make mistakes and they get in that situation and as long as it appears as if we're not talking about any felonies or any really dangerous characters here, maybe this is the… a better alternative, especially 09600033.doc 197 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 costwise, and perhaps maybe even for their own well-being and what they might learn being incarcerated or being held rather than being allowed in a home electronic detention where they might get a little better support. So, I think you may have something here. I just… I want to make sure we're not looking at anything that… that is a serious offense. Thank you."
"Representative, why don't you come on and join me on this."
Speaker Turner: "The Gentleman from DuPage, Representative Reboletti, for what reason do you rise?"
"Will the Sponsor yield?"
"Indicates he will."
"Representative, can… it's been somewhat loud here in the chamber. Could you read those offenses for which you could not be released on the electronic monitoring?"
"Crime… crime that the program doesn't cover. Delinquent minors cannot be placed in an electronic home detention program for first degree murder, escape, criminal sexual assault, aggravated battery with a firearm, bringing or possessing a firearm or explosives in a penal institution or any 'super-X drug…"
"Okay."
"…offenses or calculated criminal drug or street gang conspiracy."
"Representative, and I appreciate that. How is this going to be funded? Does Juvenile Justice have some grant money from the Federal Government to fund this or what's the source that's going to take care of this?" 09600033.doc 198 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Well, Representative, I hope that one of the sources of funding is the money that we would save on incarcerating or feeding and taking care of an individual."
"All right. Well, and I appreciate that. And you… and Representative Eddy had said that it's not… it wouldn't cover felonies. My understanding would be then, let's say that the minor has been adjudicated a delinquent for burglary and was sentenced to 90 days. This Bill would allow that individual to be placed on electronic monitoring and be sent home to serve that time. Is that correct?"
"Yes, Sir."
"To the Bill. Mr. Speaker, Members of the Body, this is… this is… makes good common sense. We have an opportunity to put youth back into the community, opportunities to get counseling, to be back at home and at the same time, that monitor is very sensitive. If they leave the house, the… I'm assuming that proba… the parole or probation will be immediately notified, an arrest warrant could be obtained. It will make good common sense for us if we would save some money for the department. And Representative Washington, if you would add me as a cosponsor with you. Thank you."
"Seeing no further questions, the question is, 'Shall House Bill 2678 pass?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The sun is shining. Have all voted who wish? The Clerk shall take the record. On this question, there 92 voting 'aye', 18 voting 'no', 0 'presents'. And this Bill, having 09600033.doc 199 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have House Bill 596. Representative Zalewski. Read the Bill, Mr. Clerk."
"House Bill 596, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
Speaker Turner: "The Gentleman from Cook, Representative Zalewski."
"Thank you, Mr. Speaker. House Bill 596 is an initiative of the Cook County State's Attorneys Office. It adds aggravated domestic battery to the list of crimes for which a defendant must serve 85 percent of his sentence. I won't take up too much of the Body's time. I'd ask for an 'aye' vote. And be happy to ask any questions… answer any questions asked."
"Seeing no questions… The Lady from Cook, Representative Graham, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"I'm sorry. I… I did not hear exactly what you said this legislation does. Can you… can you repeat that for me, please?"
"Yes, Ma'am. It effectively adds aggravated domestic battery to the list of crimes for which a person sentenced to this crime will serve 85 percent of their sentence. It's a truth in sentencing initiative by the Cook County State's Attorneys Office."
"So, the sentence is basically about domestic violence?"
"Yes, Ma'am." 09600033.doc 200 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Oh, okay. All right. Thanks."
"No further questions, the question is, 'Shall the House pass House Bill 596?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 109 voting 'aye', 1 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Congratulations. No. On the Order of Second Readings, we have House Bill 3656. Read the Bill, Mr. Clerk."
"House Bill 3656, a Bill for an Act concerning public employee benefits. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Mr. Clerk, read House Bill 2425."
"House Bill 2425, 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 Mautino in the Chair."
"Mr. Clerk, on page 30 of the Calendar appears House Bill 3987. Read the Bill."
"House Bill 3987, a Bill for an Act concerning energy efficiency. The Bill has been read a second time, previously. No Committee Amendments. Floor Amendment #1, 09600033.doc 201 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 offered by Representative Hamos, has been approved for consideration."
"The Lady from Cook on Floor Amendment 1, Representative Hamos."
"Thank you, Speaker and Ladies and Gentlemen. This is the energy efficient building Code. I'm putting it in final form. This is just one Amendment. There will be two other Amendments sent to committee. But this first Amendment deals with four different issues all of which are on the nature of technical issues that were discussed in committee briefly and there are changes in the definition of 'residential building'. It includes the City of Chicago's recommended definition for additions, alterations, renovations. It moves the implementation date forward to… to force the Capital Development Board to do rulemaking a little more expeditiously. And finally, at the urging of the committee, we also said that municipalities that have adopted a Code, at least as stringent as the 2006 IECC Code, by the effective date of this Act would be keeping those. So, again, we're just trying to put the Bill in final shape and then we will, I'm sure, have a full robust debate on Third Reading."
"The Lady has moved passage for adoption of Amendment #1. On that, no one seeking recognition, all in favor signify by saying 'aye'; opposed say 'no'. The voting… Have all voted who wish? In the opinion of the Chair, the 'ayes' have it. The Amendment's adopted. Any further Amendments?" 09600033.doc 202 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"No further Amendments have been approved for consideration. Two Amendments remain in committee."
"Third Reading. Representative Hamos, what would you like?"
"Second Reading. Please keep it on Second Reading."
"At the request of the Sponsor…"
"Two further Amendments have been sent to committee or will be sent to committee."
"At the request of the Sponsor, the Bill will remain on Second. Mr. Clerk, on page 18 of the Calendar appears House Bill 2325. Representative May. Read the Bill."
"House Bill 2325, a Bill for an Act concerning insurance. The Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1 has been adopted. No further Amendments have been approved for consideration. No Motions filed."
"Third Reading. On page 29 of the Calendar appears House Bill 3909. Representative Ramey. Read the Bill."
"House Bill 3909, a Bill for an Act concerning criminal law. The Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Ramey, has been approved for consideration."
Speaker Mautino: "The Gentleman from DuPage, Representative Ramey on Floor Amendment 1."
"Thank you, Mr. Speaker. The Floor Amendment just changes a word from 'will' to 'may' at the request of 09600033.doc 203 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 Representative Gordon. This would then become agreed upon."
Speaker Mautino: "The Gentleman moves adoption of Floor Amendment 1. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk, are there any further Amendments?"
"No further Amendments. No Motions filed."
Speaker Mautino: "Third Reading. On page 29… 25 of the Calendar appears House Bill 3632. Representative Feigenholtz. Out of the record. Page 17 of the Calendar appears House Bill 2298. Representative Collins. Out of the record. Page 13 of the Calendar appears House Bill 1129. Representative Collins. Out of the record. Mr. Clerk, page 17 of the Calendar appears House Bill 2254. Representative Monique Davis. Read the Bill."
"House Bill 2254, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Monique Davis, has been approved for consideration."
"The Lady from Cook on re… on Amendment 1, Representative Davis." Davis, M.: "Floor Amendment #1 re… reduces the… those who will be able to avail themselves to this program to elementary schools. They took the high school out and just K through 8 will be able to use this program."
"The Lady moves passage… adoption of Floor Amendment 1. All in favor say 'aye'; opposed same sign. 09600033.doc 204 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 The 'ayes' have it. And the Amendment is adopted. Mr. Clerk, any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. On page 23 of the Calendar appears House Bill 2694. Representative Bellock. Out of the record. Page 21 of the Calendar appears House Bill 2546. Representative Black. Read the Bill."
"House Bill 2546, 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 Mautino: "Third Reading. Page 32 of the Calendar appears House Bill 4153. Representative Bost. Read the Bill."
"House Bill 4153, a Bill for an Act concerning highways. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
Speaker Mautino: "Third Reading. Page 33 of the Calendar appears House Bill 4209. Representative Bost. Read the Bill."
"House Bill 4209, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Bost, has been approved for consideration."
Speaker Mautino: "For what reason does the Gentleman from Jasper, Representative Reis, seek… Out of the record. On Floor Amendment #1, the Gentleman from Jackson, Representative Bost." 09600033.doc 205 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Thank you, Mr. Speaker. Floor Amendment #1 simply adds the language that was requested by the universities to this Bill in committee. And I’d move that that Amendment be accepted."
"The Gentleman moves passage… moves adoption of Floor Amendment 1. All in favor signify by 'aye'; opposed same sign. The 'ayes' have it. The Amendment is adopted. Further Amendments, Mr. Clerk."
"Floor Amendment #2, offered by Representative Bost."
"The Gentleman from Jackson, Representative Bost on Floor Amendment 2."
"Thank you, Mr. Speaker. Floor Amendment #2 simply changes one single word to correct some language. I'll be glad to answer any questions on that. I think it's an 'or'… 'or'… 'if' to an 'or'."
"The Gentleman moves adoption of Amendment 2. All in favor signify by 'aye'; opposed same sign. The 'ayes' have it. The Amendment is adopted. Mr. Clerk, any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. On page 32 of the Calendar appears House Bill 4186. Representative William Davis. For the rec… Out of the record. Page 2 of the Calendar appears House Bill 67. Representative Ford. Out of the record. Page 32 of the Calendar appears House Bill 4078. Representative Franks. Read the Bill."
"House Bill 4078, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No 09600033.doc 206 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Mr. Clerk, page 32 of the Calendar appears House Bill 4186. Representative William Davis. Read the Bill."
"House Bill 4186, a Bill for an Act concerning job training. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Will Davis, has been approved for consideration."
"The Gentleman from Cook on Floor Amendment 1, Will Davis." Davis, W.: "Thank you very much, Mr. Speaker. The way the Bill was originally drafted it asked that all of the grant making functions be placed in the Department of Labor. The Department of Labor asked that that be changed from the Department of Labor to our Department of Commerce and Economic Opportunity which generally is the grant making agency here at the state. So, I ask for the adoption of the Amendment."
Speaker Mautino: "The Gentleman moves adoption of Floor Amendment #1. All in favor signify by 'aye'; opposed same sign. The 'ayes' have it. The Amendment is adopted. Mr. Clerk, any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Yes, Representative Davis, the Gentleman from Cook, for what reason do you seek recognition?" Davis, W.: "Well, Mr. Speaker, with that Bill, 4186, it is still a work in progress. So, I ask that, even with the 09600033.doc 207 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 adoption of the Amendment, that it be placed back on Second Reading."
"Mr. Clerk, would you return 4186 to Second Reading. Thank you, Mr. Davis. On page 3 of the Calendar appears House Bill 170. Representative Tryon. Out of the record. Page 5 of the Calendar appears House Bill 261. Representative Lang. Read the Bill."
"House Bill 261, a Bill for an Act concerning gaming. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Lang, has been approved for consideration."
"The Gentleman from Cook, Representative Lang on Floor Amendment 2."
"Thank you, Mr. Speaker, Ladies and Gentlemen. Amendment #2 takes two portions of this Bill back to current law. One would keep the head tax at the Rock Island casino where it is under current law and the other would continue to have the state pay for the expenses in administration of the Gaming Board. So, all this Amendment does is take a couple of small portions of the Bill as it came out of committee and take it back to where current law is today."
"The Gentleman moves adoption on Amendment 2. On that question, the Gentleman from Lake, Representative Sullivan."
"Representative, in committee we had a discussion… several discussions on the different aspects and there was opposition to the Bill. One, from the casino that you raise the tax; you've now brought that back. And one of the things that I brought up to you was in regard to how 09600033.doc 208 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 we're going to fund this and they were upset about that. So, with these two changes, does this make this an agreed process an agreed Bill, other than the department's that might not like it?"
"They did not weigh in in committee, Representative, on other issues, but the issues that they did speak about would be reflected in this Amendment."
"Okay."
"I can't tell you what their comments are regarding the rest of the Bill…"
"So, have they…"
"…because they never commented on it, but I would tell you that they never… none of these folks ever came to me and complained about the rest of the Bill."
"So, with these two changes, have the companies that own these casinos… have they removed their opposition to the Bill?"
"Well, I can't tell you that, but I can tell you that I met with them and they were all smiling when the meeting was over."
"Okay. Thank you very much."
"The Gentleman has moved adoption on Floor Amendment 2. All in favor signify by 'aye'; opposed same sign. The 'ayes' have it. The Amendment is adopted. Any further Amendments, Mr. Clerk?"
"No further Amendments. No Motions are filed."
"Third Reading. On page 5 of the Calendar appears House Bill 264. Representative Miller. Out of the 09600033.doc 209 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 record. On page 5 of the Calendar appears House Bill 326. Representative Pihos. Read the Bill."
"House Bill 326, a Bill for an Act concerning education. The Bill's been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Pihos, has been approved for consideration."
"On Floor Amendment 2, Representative Pihos."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. Floor Amendment 2 adds to the Bill as amended. It clarifies the type of interns that may receive confidential communications under this Act. And I'd be happy to answer any questions."
"The Lady moves adoption of Floor Amendment 2. And on that question, the Gentleman from Crawford, Representative Eddy."
"Representative, for the record, very briefly, is this now agreed? Has this removed all opposition with your… this Amendment?"
"It does remove all opposition; we're all in agreement."
"Thank you."
"The Lady has moved passage of Floor Amendment 2. All in favor signify by 'aye'; opposed same sign. The 'ayes' have it. The Amendment is adopted. Mr. Clerk, any further Amendments?"
"No further Amendments. No Motions are filed."
"Place that Bill on Third Reading. Mr. Clerk, on page 37 of the Calendar appears House Bill 721. What's the status of that Bill?" 09600033.doc 210 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"House Bill 721 is on the Order of House Bills- Third Reading."
"Please return that Bill to Second Reading for the purpose of an Amendment. Now, read the Bill."
"House Bill 721, the Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Fortner, has been approved for consideration."
"On Floor Amendment #1, the Gentleman from DuPage, Representative Fortner."
"Thank you, Mr. Speaker. Floor Amendment 1 restricts the protection that would be provided under the underlying Bill just to that time specifically when a victim is currently being protected by an order of protection. I would ask for its adoption."
Speaker Mautino: "The Gentleman has moved passage… moved adoption of Amendment #1. All in favor signify by 'aye'; opposed same sign. The 'ayes' have it. The Amendment are… is adopted. Mr. Clerk, are there any further Amendments?"
"No further Amendments. No Motions are filed."
Speaker Mautino: "Third Reading. Page 10 of the Calendar appears House Bill 796. Representative Dugan. Out of the record. Page 38 of the Calendar appears House Bill 862. Representative Black. Read the Bill."
"House Bill 862, a Bill for an Act concerning education. The Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Black, has been approved for consideration." 09600033.doc 211 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"The Gentleman from Vermilion, Representative Black…"
"Thank you very much…"
"…on Floor Amendment 1."
"…Mr. Speaker. Floor Amendment #1 is added to the Bill. It simply adds to the Bill. It provides that bids for construction purposes are prohibited from being submitted electronically. That Amendment was at the request of the construction trades. I have no objection with it. I would ask that you accept Floor Amendment #1."
Speaker Mautino: "The Gentleman moves adoption of Floor Amendment 1. All in favor signify by 'aye'; opposed same sign. The 'ayes' have it. The Amendment is adopted. Mr. Clerk, any further Amendments?"
"No further Amendments. No Motions are filed."
"Third Reading. On page 16 of the Calendar appears House Bill 2238. Representative Berrios. Out of the record. Page 19 of the Calendar appears House Bill 2386. Representative Hernandez. Out of the record. Page 21 of the Calendar appears House Bill 2573. Representative Mell. Read the Bill."
"House Bill 2573, a Bill for an Act concerning human rights. The Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #2, offered by Representative Mell, has been approved for consideration."
"On Floor Amendment 2, the Lady from Cook, Representative Mell." 09600033.doc 212 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"I… This Amendment addresses some issues that were brought up in committee. It reduces the penalty if they are in violation of posting this poster. And it also gives them another option as to addressing sexual harassment."
"The Lady moves adoption of Floor Amendment 2. And on that question, the Gentleman from Vermilion, Representative Black."
"Thank you, Mr. Speaker. Inquiry of the Chair. What is the status of Floor Amendment #1?"
Speaker Mautino: "Mr. Clerk, what's the status of Floor Amendment 1?"
Clerk Bolin: "Floor Amendment #1 remains in the Rules Committee."
"Bear with me, Mr. Speaker. Floor Amendment #1 has never been added to the… never been adopted to the Bill. Is Floor Amendment #2 then in order or should… should the Lady… It always confuses me. I'm sorry. If Floor Amendment #1 is never added to the Bill, should she file Floor Amendment #2 or file a subsequent Floor Amendment #1? And I'm not opposed to the Amendment. It's just that when they get…"
"A reasonable request."
"…locked up in Rules, you're never sure what we're supposed to do."
"Let me check and see if the…"
"I appreciate that. Thank you."
"…if the Amendment is in order. Mr. Black, in answer to your inquiry, Amendment 2 has been recommended to be adopted. That answer your… your inquiry." 09600033.doc 213 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"Yes, it does. I appreciate that. It gets confusing sometimes because you nev… you just… we're trying to make sure the number is at the right number when something is held in Rules. And by the way, Mr. Speaker, I congratulate you. That is the quickest answer I have ever received from the parliamentarian, but you did forget to say on behalf of the Speaker."
"Always delighted to respond quickly to you… a fellow downstater, Mr. Black. Further questions? Representative Eddy, the Gentleman from Crawford."
"Yeah. Would the Sponsor yield for a quick question?"
"She indicates she will."
"Representative, with now the addition of this Floor Amendment, does that remove the opposition that there was? 'Cause there was opposition to the Bill and you were working with the universities. Does this remove their opposition?"
"Yes… yes, it does. And it also… we also included some ideas from Representative Rose that he brought up in committee."
"Okay."
"It's… you know, it's… we just want to make people more aware of sexual harassment and what they can do about it…"
"Okay."
"…and not really punitive."
"It's an agreed Bill then at this point."
"Oh, okay. Sure. Yeah."
"Thank you." 09600033.doc 214 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"The Lady moves adoption of Floor Amendment 2. All in favor signify by 'aye'; opposed same sign. The 'ayes' have it. The Amendment is adopted. Mr. Clerk, are there any further Amendments?"
"No further Amendments. No Motions are filed."
"Third Reading. On page 22 of the Calendar appears House Bill 2602. Representative McCarthy. Out of the record. On page 25 of the Calendar appears House Bill 3639. Representative May. Out of the record. On page 26 of the Calendar appears House Bill 3721. Representative Kosel. Read the Bill."
"House Bill 3721, a Bill for an Act concerning transportation. The Bill's been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Kosel, has been approved for consideration."
"The Lady from Will, Representative Kosel on Floor Amendment 2."
"Thank you, Mr. Speaker. This Amendment actually corrects a technical error. We inadvertently deleted a section of the Code that we did not wish to and this just puts it back in."
"The Lady's moved passage of Floor Amendment 2. All in favor signify by 'aye'; opposed same sign. The 'ayes' have it. The Amendment is adopted. Mr. Clerk, are there any further Amendments?"
"No further Amendments. No Motions are filed."
Speaker Mautino: "Mr. Clerk, on page 40 of the Calendar appears… Mr. Clerk, on House Bill 3721 move that Bill to 09600033.doc 215 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 Third. On page 41 of the Calendar appears House Bill 3878. What's the status of that Bill?"
"House Bill 3878 is on the Order of House Bills- Third Reading."
Speaker Mautino: "Out of the record. On page 40 of the Calendar appears House Bill 2627. Representative Collins. Out of the record. Page 28 of the Calendar appears House Bill 3844. Representative Lang. Read the Bill."
"House Bill 3844, a Bill for an Act concerning State Government. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Lang, has been approved for consideration."
"The Gentleman from Cook, Representative Lang on Amendment 2."
"Thank you, Mr. Speaker. This is an agreed technical Amendment. I move adoption."
"The Gentleman moves adoption of Amendment 2. All in favor signify by 'aye'; opposed same sign. The 'ayes' have it. The Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions filed."
"Third Reading. On page 29 of the Calendar appears House Bill 3909. Representative Ramey. Read the Bill. Okay. The Gentleman's Bill is on Third Reading. Mr. Clerk, what is the status of House Bill 3925 on page 29 of the Calendar? Read the Bill."
"House Bill 3925, a Bill for an Act concerning children. Second Reading of this House Bill. No Committee 09600033.doc 216 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 Amendments. Floor Amendment #1, offered by Representative Coulson, has been approved for consideration."
"Representative Coulson."
"Thank… thank you, Mr. Speaker. Floor Amendment #1, it removes the provisions of… out of the Bill related to the hospital and changes the… the language to be 30 days instead of 7 days. It's essentially similar to the original Bill, but we've made some negotiations and we're still working on other negotiations. And I'd appreciate adoption of Amendment #1."
Speaker Mautino: "Representative Coulson moves adoption of Amendment #1. All in favor say 'aye'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk, any further Amendments?"
"No further Amendments. No Motions are filed."
"Third Reading. On page 29 of the Calendar appears House Bill 3919. Representative Burns. Out of the record. On page 33 of the Calendar appears House Bill 4249. Representative Pihos. Read the Bill."
"House Bill 4249, a Bill for an Act concerning safety. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #2, offered by Representative Pihos, has been approved for consideration."
Speaker Mautino: "On Amendment #2, the Lady from DuPage, Representative Pihos."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Floor Amendment #2 to the direct disposal Bill contains provisions requested by IRMA to make participation as a waste drop-off point optional." 09600033.doc 217 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"The Lady moves adoption of Amendment 2. All in favor signify by 'aye'; opposed same sign. The 'ayes' have it. The Amendment is adopted. Mr. Clerk, any further Amendments?"
"No further Amendments. No Motions are filed."
"Third Reading. On page 33 of the Calendar appears House Bill 4251. Representative Phelps. Out of the record. On page 17 of the Calendar is House Bill 2275. Representative Osmond. Read the Bill."
"House Bill 2275, a Bill for an Act concerning insurance. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Osmond, has been approved for consideration."
"Representative Osmond."
"Thank you, Mr. Speaker. This just is a technical error that needed to be corrected on the… on the Bill."
"Representative Osmond moves passage… moves adoption of Floor Amendment 1. All in favor say 'aye'; opposed 'no'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. On page 23 of the Calendar appears House Bill 2766. Representative Coulson. Read the Bill."
"House Bill 2766, a Bill for an Act concerning State Government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been approved for consideration. No Motions filed." 09600033.doc 218 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009
"There's a Floor Amendment which is still in the Rules Committee. One moment. I'll find the status on that and with the Sponsor's permission, I'll take that Bill out of the record temporarily. Leave that Bill on Second Reading. On page 31 of the Calendar appears House Bill 4049. Representative Schmitz. Out of the record. On page 18 of the Calendar appears House Bill 2369. Representative Gordon. Representative Gordon, do you wish to move House Bill 2369? Read the Bill."
"House Bill 2369, a Bill for an Act concerning finance. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. On page 6 of the Calendar appears House Bill 327. Representative McAsey. Read the Bill."
"House Bill 327, 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. On page 31 of the Calendar appears House Bill 4046. Representative Joyce. Out of the record. On page 20 of the Calendar appears House Bill 2451. Representative Dunkin. Out of the record. On page 26 of the Calendar appears House Bill 3722. Representative Burns. Out of the record. Page 2 of the Calendar appears House Bill 2. Representative Flider. Read the Bill."
Clerk Bolin: "House Bill 2, a Bill for an Act concerning regulation. Second Reading of this House Bill. Amendment 09600033.doc 219 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. On page 20 of the Calendar appears House Bill 2445. Representative Chapa LaVia. Representative Chapa LaVia. Read the Bill."
"House Bill 2445, a Bill for an Act concerning government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. On page 11 of the Calendar appears House Bill 881. Representative Mendoza. Read the Bill."
"House Bill 881, a Bill for an Act concerning transportation. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. On page 22 of the Calendar appears House Bill 2615. Representative Osterman. Read the Bill."
"House Bill 2615, a Bill for an Act concerning appropriations. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. On page 41 of the Calendar appears House Bill 4088. Majority Leader Currie. Read the Bill."
"House Bill 4088, a Bill for an Act concerning privacy. The Bill's been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, 09600033.doc 220 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 offered by Representative Currie, has been approved for consideration."
"Majority Leader Currie on Floor Amendment 2."
"Thank you, Speaker. This is basically a two-word change and it deals with people who report credit things instead of saying it to the extent that they are in accordance with… with federal or state statute. It would say 'permitted' or 'allowed' by federal or a state statute. So, it's a technical change. I'd appreciate your support for the Amendment."
"The Lady moves adoption of Floor Amendment #2. All in favor say 'aye'; opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk, any further Amendments?"
"No further Amendments. No Motions are filed."
"Third Reading. On page 30 of the Calendar appears House Bill 3953. Representative Osterman. Read the Bill."
"House Bill 3953, a Bill for an Act concerning appropriations. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. On the Calendar, page 46, appears House Resolution 108. Representative Currie moves the adoption of the Resolution. All in favor say 'aye'; opposed 'no'. The 'ayes' have it. The Resolution is adopted. It's now the intent of the Chair to table some Bills which are on the Calendar, page 47 and 48. If there's leave, we will take them in one Motion. Is there 09600033.doc 221 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 leave? Leave is… House Bill 199, House Bill 368, House Bill 2679, House Bill 3783, House Bill 3966, House Bill 4073, House Bill 4135, House Resolution 128. All in favor… Representative Currie moves… Representative Currie now moves we table the preceding Bills. All in favor 'aye'; opposed 'no'. The 'ayes' have it. And these Bills are tabled. On page 45 of the Calendar is House Resolution 97. Representative Reitz. Mr. Clerk, read the… On the Resolution, Mr. Reitz."
"Thank you, Mr. Chair… Mr. Speaker. House Resolution 97 creates the green-collar workforce. This is an initiative of community colleges and it would… it would set up a program to create a sustainability network within the community college program and try to access moneys, hopefully, in the stimulus package to set that up throughout the state. I think we have… the community colleges are a great conduit for us to hopefully capitalize on some of the new jobs that green technology will create in the coming years. And I'd be… appreciate your support and be happy to answer any questions."
"All those in favor of House Resolution 97 say 'aye'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. Mr. Clerk, Agreed Resolutions."
Clerk Bolin: "Agreed Resolutions. House Resolution 215, offered by Representative Miller. House Resolution 216, offered by Representative Cross. House Resolution 217, offered by Representative Fortner. House Resolution 218, offered by Representative Bill Mitchell. House Resolutions 09600033.doc 222 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 220 and 222, offered by Representative Flider. And House Resolution 223, offered by Representative D'Amico."
"Representative Currie now moves adoption of the Agreed Resolutions. All in favor 'aye'; opposed 'no'. The 'ayes' have it. The Agreed Resolutions are adopted. Mr. Clerk, committee announcements."
"The following committees will meet immediately upon adjournment. Elementary & Secondary Education will meet in Room 114. Infrastructure will meet in Room 118. And Judiciary II-Criminal Law will meet in Room D-1. One committee has been canceled. The Revenue & Finance Committee scheduled to meet immediately upon adjournment has been canceled."
"For what reason does the Lady from Cook, Representative Nekritz, seek recognition?"
"For purposes of an announcement. The creative team for the Capitol Capers program will be meeting right after Session and if you can't get there 'til after committees, fine, in Representative Bellock's office. So, that… you got good ideas for the Capitol Capers, please join us. Thank you."
Speaker Mautino: "No one else seeking recognition. Now, allowing perfunctory time for the Clerk, Representative Currie moves the House stand adjourned until Friday, March 27, at 9 a.m. All in favor signify by 'aye'; opposed same sign. The 'ayes' have it. And the House stands adjourned."
"House Perfunctory Session will come to order. Introduction and First Reading of House Bills. House Bill 09600033.doc 223 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 4431, offered by Representative Yarbrough, a Bill for an Act concerning appropriations. First Reading of this House Bill. Committee Reports. Representative Smith, Chairperson from the Committee on Elementary & Secondary Education, to which the following measure/s was/were referred, action taken on March 26, 2009, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #1 to House Bill 3600 and Floor Amendment #1 to House Bill 4318. Representative Howard, Chairperson from the Committee on Judiciary II-Criminal Law, to which the following measure/s was/were referred, action taken on March 26, 2009, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #2 to House Bill 3961. Representative Arroyo, Chairperson from the Committee on Infrastructure, to which the following measure/s was/were referred, action taken on March 26, 2009, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #2 to House Bill 3987. Introduction and First Reading of Senate Bills. Senate Bill 62, offered by Representative McAsey, a Bill for an Act concerning criminal law. Senate Bill 63, offered by Representative Lang, a Bill for an Act concerning State Government. Senate Bill 65, offered by Representative Bradley, a Bill for an Act concerning civil law. Senate Bill 75, offered by Representative Hoffman, a Bill for an Act concerning transportation. Senate Bill 100, offered by Representative Mell, a Bill for an Act concerning civil law. Senate Bill 101, offered by Representative Mell, a Bill for an Act 09600033.doc 224 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 concerning parenting time. Senate Bill 156, offered by Representative Hoffman, a Bill for an Act concerning criminal law. Senate Bill 204, offered by Representative Hoffman, a Bill for an Act concerning higher education. Senate Bill 26, offered by… or correction… Senate Bill 326, offered by Representative Hamos, a Bill for an Act concerning aging. Senate Bill 1341, offered by Representative D'Amico, a Bill for an Act concerning civil law. Senate Bill 1369, offered by Representative Franks, a Bill for an Act concerning employment. Senate Bill 1371, offered by Representative Reitz, a Bill for an Act concerning regulation. Senate Bill 1372, offered by Representative Froehlich, a Bill for an Act in relation to State Government. Senate Bill 1379, offered by Representative Tracy, a Bill for an Act concerning transportation. Senate Bill 1389, offered by Representative Nekritz, a Bill for an Act concerning business. Senate Bill 1393, offered by Representative Reitz, a Bill for an Act concerning public aid. Senate Bill 1401, offered by Representative Brosnahan, a Bill for an Act concerning public employee benefits. Senate Bill 1404, offered by Representative Currie, a Bill for an Act concerning State Government. Senate Bill 1412, offered by Representative Colvin, a Bill for an Act concerning education. Senate Bill 1414, offered by Representative Verschoore, a Bill for an Act concerning competitive bids. Senate Bill 1421, offered by Representative Reitz, a Bill for an Act concerning regulation. Senate Bill 1444, offered by Representative Burke, a Bill for an Act 09600033.doc 225 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 concerning regulation. Senate Bill 1448, offered by Representative Verschoore, a Bill for an Act concerning utilities. Senate Bill 1451, offered by Representative Bellock, a Bill for an Act concerning local government. Senate Bill 1453, offered by Representative Lang, a Bill for an Act concerning education. Senate Bill 1053, offered by Representative Mathias, a Bill for an Act concerning civil law. Senate Bill 1267, offered by Representative Froehlich, a Bill for an Act concerning regulation. Senate Bill 1268, offered by Representative Washington, a Bill for an Act concerning transportation. Senate Bill 1276, offered by Representative Watson, a Bill for an Act concerning education. Senate Bill 1277, offered by Representative Sommer, a Bill for an Act concerning local government. Senate Bill 1278, offered by Representative Hernandez, a Bill for an Act concerning aging. Senate Bill 1283, offered by Representative Reitz, a Bill for an Act concerning public aid. Senate Bill 1284, offered by Representative Coulson, a Bill for an Act concerning pest control. Senate Bill 1285, offered by Representative Zalewski, a Bill for an Act concerning business. Senate Bill 1292, offered by Representative Lang, a Bill for an Act concerning public employee benefits. Senate Bill 1330, offered by Representative Yarbrough, a Bill for an Act concerning State Government. Senate Bill 1333, offered by Representative Zalewski, a Bill for an Act concerning government. Senate Bill 1335, offered by Representative Osterman, a Bill for an Act concerning civil law. Senate Bill 1429, offered by Representative Sommer, a Bill for an 09600033.doc 226 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/26/2009 Act concerning criminal law. Senate Bill 1460, offered by Representative Osmond, a Bill for an Act concerning insurance. Senate Bill 1461, offered by Representative Brauer, a Bill for an Act concerning veterans. Senate Bill 1467, offered by Representative Reis, a Bill for an Act concerning transportation. Senate Bill 1471, offered by Representative Dugan, a Bill for an Act concerning regulation. Senate Bill 1472, offered by Representative Black, a Bill for an Act concerning finance. And Senate Bill 1485, offered by Representative Franks, a Bill for an Act concerning education. Senate Bill 1487, offered by Representative Coulson, a Bill for an Act concerning professional regulation. Senate Bill 1490, offered by Representative Black, a Bill for an Act concerning revenue. Senate Bill 1497, offered by Representative Hernandez, a Bill for an Act concerning public aid. Senate Bill 1507, offered by Representative Pihos, a Bill for an Act concerning professional regulation. Senate Bill 1512, offered by Representative Phelps, a Bill for an Act concerning law enforcement. Senate Bill 1516, offered by Representative Biggins, a Bill for an Act concerning public health. Senate Bill 1521, offered by Representative Mathias, a Bill for an Act concerning education. Senate Bill 1527, offered by Representative Tracy, a Bill for an Act concerning public health. First Reading of these Senate Bills. There being no further business, the House Perfunctory Session will stand adjourned." 09600033.doc 227