"Good morning, Illinois. Your Illinois House of Representatives will come to order. Members are asked to please be at your desks. We're blessed this morning with two individuals who will lead us in prayer. The first is Practitioner Donna Matthiesen, who is a Practitioner of the First Church of Christ Scientists in McHenry, Illinois. Ms. Matthiesen is the guest of Representative Franks. Our second invocation will be given by Reverend Denver Bitner, who's the new president of Lutheran Social Services here is Illinois. He's the guest also of Representative Mulligan. Members and guests are asked to please refrain from starting your laptops, turn off all cell phones and pagers, and our guests in the gallery are asked to join us by rising for the invocation and the Pledge of Allegiance. Practitioner Donna Matthiesen."
"Good morning. Our Heavenly Father, we gather here today to receive Your blessings of wisdom and guidance. In our work here, we pledge to administer the highest sense of honesty and justice to the people of this great State of Illinois, for we understand that our integrity is of the upmost importance in our devotion to public service. Our goal must be to see our citizens living productive and progressive lives. Only by working together in harmony and unity can we fulfill this desire. We pray to find within our hearts the courage it takes to uncover the truth in order to strengthen the government of our state. We must continue expressing this courage to clean up our state so that Illinois can once again become a model of excellence in government for the entire country. 09600037.doc 1 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 We acknowledge that we must act together in unity and harmony to be productive. Each one of us has a vital purpose to express honesty and humility in serving the communities we represent. As we… as we honor the individual differences in each other, we will bear witness to the oneness of our power as a governing Body. Diversity need not mean divisiveness. As an effective lawmaking branch of government, it is this Legislature's privilege to find ways to work together for the good of all, to be a bright beacon shining in the spirit that Christ Jesus commended in the Sermon on the Mount. 'Let Your light so shine before men, that they may see Your good works.' Heavenly Father, let us enter this Session today with a healthy respect for our diversity, remembering that lesson in St. Paul's letter to the Colossians, there can be neither Jew, nor Greek; there can be neither bond nor free; there can be no male and female; for we all are one man in Christ Jesus, Amen."
"Reverend Bitner."
"Almighty God, we lift before You all who govern in our state. As our Legislature meets, we ask that You would guide and direct our state and pray Your guiding hand to be with them. Where hearts are fearful, grant courage and hope. Where anxiety is growing and widening, grant peace and assurance. Where impossibilities close every door and window, grant imagination and resistance. Where distrust twists our thinking, grant healing and openness. Where spirits are weak, grant Your consolation and the ability to dream new dreams. May we always 09600037.doc 2 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 remember the poor and those most in need as we do the work which serves all of Your people. This we pray in Your most holy name, Amen."
"We'll be led in the Pledge of Allegiance by Representative Keith Sommer."
"I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
Speaker Lyons: "Roll Call for election. Roll Call for Attendance. Get another cup of coffee up here. At least I got you laughing for the first thing in the morning. That's a good start to what may be a long day. Barbara Flynn Currie, what's the status of our Democrats?"
"Thank you, Speaker. Please let the record show that there are no excused absences among House Democrats today."
"Mr. Bost, what's the status of the GOP?"
"Thank you… thank you, Mr. Speaker. Let the record reflect that Representative Rich Brauer is excused today."
"Mr. Clerk, take the record. There are 117 Members present. We have a quorum and prepared to do the work of the people of this State of Illinois. Mr. Clerk, Committee Reports."
Clerk Mahoney: "Representative Barbara Flynn Currie, Chairperson on the Committee on Rules to which the following legislative measures… under which Joint Action Motion were referred; Action taken on April 1, 2009, reported the same back with the following recommendations: 'approve for floor consideration' is Amendment #3 to House 09600037.doc 3 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Bill 1057. Referred to the House Committee on Rules is House Resolution 248, House Resolution 250, and House Joint Resolution 44."
"Representative Will Davis, for what purpose do you seek recognition, Representative?" Davis, W.: "Point of personal privilege, Mr. Speaker."
"Please proceed." Davis, W.: "Mr. Speaker, I'd like the Members, Ladies and Gentlemen of the House, to welcome to the gallery, above me in the corner… in the corner there, Mr. Eli Haynes, who's a student at the Youth Connection Charters… Youth Connection Leadership Academy. He's here with his mother, Ms. Hedy Gist and representatives of the Youth Connections Charter School. Will you please give them a great round of applause."
"Welcome to Springfield. Have a great day. Proud to have you here. Representative David Reis, for what purpose do you seek recognition, Representative?"
"Thank you, Mr. Speaker. A point of personal privilege."
"Please proceed."
"I'd like to draw everyone's attention to the balcony. Today we have Don Donnay, who's the county chairman of Wayne County and his wife, Norma. They're visiting Springfield to see our activities. Don and Norma Donnay."
"Welcome to the Capitol. Have a great day. Ladies and Gentlemen, with the course of a purpose of announcement, there's a few Members who have not turned in their Agreed Supplemental List #2. So we're… we'd like to get this. We're going to be voting on this today, so if 09600037.doc 4 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 you have not turned in your printed and signi… signed copy of the Agreed Bill List #2, please get that up here now. As a second announcement, Members, I've been told by the Chief of Staff to get all and any Amendments done by 3:00 today is the deadline for Amendments to any Bills you may have on Second or Third Reading that need to be amended. So, you've got the better part of this morning and all afternoon 'til 3:00 to please get Amendments filed today by 3:00. Representative Patti Bellock, on page 40 of the Calendar, you have House Bill 4036. Do you wish to call that Bill, Representative, on the Order of Third Readings? Out of the record. Representative Ken Dunkin, on page 36 of the Calendar, your House Bill 2451. Read the Bill, Mr. Clerk."
"House Bill 2451, a Bill for an Act concerning local government. Third Reading of this House Bill."
Speaker Lyons: "…recognizes the Gentleman from Cook, Representative Ken Dunkin."
"Just one second, Mr… Mr. Speaker. Yes. Thank you, Mr. Speaker and Ladies of the House and Gentlemen. House Bill 2451 is a Bill simply… it's a Municipal Code Bill. It removes… Mr. Speaker. Mr. Speaker, can we take this out of the record for a minute? I may need to make an adjustment on the Bill. Okay?"
"Mr… Mr. Clerk, take this Bill out of the record at request of the Sponsor. Representative Careen Gordon, on page 38 of the Calendar, you have House Bill 3691. Do you wish to call that Bill, Representative? 3691. Read the Bill, Mr. Clerk." 09600037.doc 5 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"House Bill 3691, a Bill for an Act concerning finance. Third Reading of this House Bill."
"The Chair recognizes the Lady from Grundy, Representative Careen Gordon." Gordon, C.: "Thank you, Mr. Speaker. House Bill 3691 eliminates the Reviewing Court Alternative Dispute Resolution Fund and transfers any balance into the Mandatory Arbitration Fund. It's… this… it's used by the Supreme Court to receive and record filing fees accessed by Clerk's of the Appellate Court for Alternative Dispute Programs, which isn't where alternative disputes are used at the Appellate Court level. So it's actually just making the court system more streamlined and it's already… the same Bill has already passed the Senate and come… come over here, and we're just making our court system a little bit better and using it for… for better purposes. The current balance is 13.2 million and we're going to utilize it for the mandatory arbitration the way it's currently written as opposed to the Appellate Court, the Reviewing Court Alternative Dispute Resolution Fund, as opposed to where it's being used now."
"Is there any discussion? The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, just to be clear, you're… you're eliminating a fund the Reviewing Court Alternative Dispute Resolution Fund and…" Gordon, C.: "Yes." 09600037.doc 6 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Gordon, C.: "And…"
"…you're transferring the… the fund… the 13 million dollar balance into a new fund… existing…" Gordon, C.: "It's not a… no, it's not a new fund. It's going to be used in… the Mandatory Arbitration. It's… it's a fund that's going to be used by the Mandatory Arbitration Fund."
"So, right now the Reviewing Court…" Gordon, C.: "It's… it's sitting there for no reason, is what it's doing."
"Well, the Reviewing Court Alternative Dispute Fund is used by the Supreme Court. Isn't that right, to receive… just record the filing fees? And it just isn't used beyond that point or the Supreme Court doesn't use that for any purpose at this… at this time?" Gordon, C.: "Right. And they… they transfer any… any balance into the Mandatory Arbitration Fund. So, you have two… you have two funds sitting there and then one transfers one fund into another fund and they use them…"
"Okay." Gordon, C.: "… for the same thing."
"So… so, basically…" Gordon, C.: "It's unnecessary."
"…you're consolidating two…" Gordon, C.: "Right."
"…funds into one that simply, one of them serves as a flow-through right now." Gordon, C.: "Right." 09600037.doc 7 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"It… it receives and puts the money in the one you're going to." Gordon, C.: "Right."
"Okay. Thank you very much for the clarification." Gordon, C.: "Sure."
"The Chair recognizes the Gentleman from DuPage, Representative Dennis Reboletti."
"Thank you, Speaker. Will the Sponsor yield?"
"The Lady awaits your question."
"Thank you, Speaker. Representative, could you explain to the Body, I know many folks aren't really paying attention as of yet, as to what the Alternative Dispute Resolutions actually does and how it helps the court system out." Gordon, C.: "Well, instead of having to go to someone to, you know, sue them flat out and you start, you know, going to the… immediately to the Circuit Court, you can go to arbitration first and try to settle your case at that point instead of going to judges. There's… there's mandatory… there's people who are arbitrators and they settle their… they can try to settle their case at that point instead of trying to clogging up the court supreme and…"
"So, this… this would be pre the lawsuit being filed?" Gordon, C.: "Exactly."
"And so, it would save the court time and bring the parties together and try…" Gordon, C.: "We save the court time…"
"…to resolve all the issues." 09600037.doc 8 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Gordon, C.: "…and… and hopefully, sometimes you can even keep the lawyers out of the way."
"Is… is this also deal with the family courts, also, with trying to resolve some of the other issues or does this Bill not cover that?" Gordon, C.: "There's some cases where the… the family court where it doesn't get out of the way. Where the…"
"I… I know that in some of the child custody issues, there've been some alternative…" Gordon, C.: "Yeah. I mean…"
"…remedies. I don't know if this covers that." Gordon, C.: "You can go to an arbitrator for child custody cases, but if it's going to go to trial then it usually ends within the Circuit Court, because with the divorce case… you can go… if this is, I mean, workmen's comp, obviously goes to arbitration…"
"Personal injury." Gordon, C.: "…but usually with family court cases, you're going to end up Circuit Court."
"Thank you, Representative."
Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Julie Hamos."
"Thank you. Question of the Sponsor."
"She awaits your question, Representative."
"Representative, what you're doing is eliminating a fund, is that right?" Gordon, C.: "We're… we're eliminating a fund that… that transfers funds into another fund that uses the money for the same thing." 09600037.doc 9 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Well, it's not really the same thing, because this particular fund was created by my husband, actually, when he was an Appellate Court Justice and it's for the Reviewing Court Alternative Dispute Resolution Fund, which is an alternative resolution system that was to be set up at the Appellate Court level. So, are you saying with this Bill and is the Supreme Court, obviously, they gave this to you, are they saying that they are no longer even considering instituting an alternative resolution… a dispute resolution process at the Appellate Court level?" Gordon, C.: "The adminis… the administrative office of the Illinois Courts are the ones who brought this to me and they're asking this to be run, so that these two funds can be… can be put together."
"Well, did they indicate to you that this means that there won't be this system at the Appellate Court level? Are they saying that? It was set up to do that." Gordon, C.: "Well, if… Representative, if you have a problem with this then you can vote 'no', but what I'm telling you is that there… one fund is being funneled into another one and… and that's the way that it's working currently."
"Well, it is not working that way currently, because that's why there's this big fund balance that they have not decided, I guess, to implement this at the appellate level. So, is… I… I guess I'm just trying to understand why they said they were doing this. Are they eliminating… Let me ask this again. I think kind of simply, they're obviously eliminating this fund. They're zeroing it out. Is that right?" 09600037.doc 10 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Gordon, C.: "Right."
"Okay." Gordon, C.: "And then according…"
"Does that mean…" Gordon, C.: "…the way that the actual language of the Bill is written is that the Comptroller shall order and the Treasurer shall transfer all monies in the fund on the effective date of this Amendatory Act of the 96th General Assembly into the Mandatory Arbitration Fund."
"And… so that means they're zeroing out this fund and zeroing out this program. Is that right?" Gordon, C.: "Zeroing out is your words. Consolidating is mine… is my choice of words."
"Well, okay. So, when they put it into the Mandatory Arbitration Fund, is that available for use by Appellate Courts? Do you know that?" Gordon, C.: "If you… by the time you're at the… are you… can you arbitrate something at the Appellate Court?"
"Well, that's… that's my…" Gordon, C.: "By the time you get to the Appellate Court, are you…"
"…question to you is, what is the affect of doing this consolidation? It's eliminating it for the Appellate Court because that's what it was set up to do." Gordon, C.: "Well, right now they're using it for fees and so they… they… you pay the fees to the court and then they funnel it into this other fund, is what they're doing it. So they're putting it to this fund anyway, you're just paying it to one and they're then putting it into another." 09600037.doc 11 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Well, okay. I mean, I think that they have not given you the full story here because by doing this, I think that what they're really doing is eliminating a potential program that they just didn't decide to implement, I guess, at the Appellate Court level. So, in a back door way, they seemingly made a decision and are zeroing out this fund, and are going to use court fees that were specifically being collected for the Appellate Court level arbitration and mediation, and they're going to use if for another purpose." Gordon, C.: "So, what… what would be the purpose of using it at the Appellate Court level, Representative?"
"Well, that was the whole point is to set up a mediation program at the Appellate Court level. That's what the underlying law did. That's why this… this was set up by a state law a few years ago and it was specifically for the purpose of creating a mediation system at the Appellate Court. So, by eliminating the fund, they're… I guess, acknowledging that they don't want to do mediation at the Appellate Court level but they haven't, maybe, indicated that to you. Or have you not indicating it to us?" Gordon, C.: "Well, perhaps somebody can explain to me… it's completely… by the time it gets to the Appellate Court, it's completely illogical to do mediation. You… you're… you've already gone through a complete lawsuit. You're… you're beyond mediation. You've gone through the Circuit Court, you're at the Appellate Court, and now you're going to take a step back and go to mediation. That doesn't… that's illogical to me." 09600037.doc 12 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Okay. So, you know, I am asking you questions that you have not been given the full information on and…" Gordon, C.: "No, I've been given full information. It's something that I find illogical and that's the answers that I'm giving you. You're the… these are the answers that you're disagreeing with me on. So… you can say that I haven't been given full information, but I think I have been given full information and that's how I'm answering your questions."
"Well, okay, and to the… to the Bill. It is not illogical to do mediation at the Appellate level. I do know a few Appel…"
"Representative, your 5 minutes have expired. If you can conclude your questioning, we'd appreciate it."
"I do know a few Appellate Court Justices. They do this in many other states. It actually makes a lot of sense to do it at the Appellate Court level. That's when one side has already won and the other side has lost and there are many opportunities to settle cases at that level. Our Supreme Court, I guess, is telling us with this Bill that in Illinois, they're not going to do this. They do this in many other states. It is not illogical to do so."
"Representative Hamos to close." Gordon, C.: "Thank you. Representative Gordon will be closing on this, Mr. Speaker."
"Representative Gordon to close." Gordon, C.: "I… I would ask for your… I would ask for your very logical 'aye' vote, Representatives." 09600037.doc 13 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"The question is, 'Should House Bill 3691 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? Representatives Brady, Connelly, Kosel. Representative Poe. Raymond. Mr. Clerk, take the record. On this Bill, there are 113 Members voting 'yes', 0 voting 'no', 4 voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. Ladies and Gentlemen, the Chair recognizes the Gentleman from Winnebago for a very interesting announcement. Heads up for Representative David Winters."
"Thank you, Mr. Speaker. This is a… this is a point of personal privilege. It's April Fools today and not only have we had a State Capital Budget presented to us that we think maybe is an April Fools' trick, but we are not calling it April Fools' Day. It is in fact Cheap Trick day. We have in the gallery behind me, Rick Nielsen from Cheap Trick, the Rockford rock band. Rick… Cheap Trick has been a band from… since the 1970s. They have 28 albums, over 21 million records, and given 5 thousand live performances. This last summer, they were out with Journey and Heart. They were touring with them and this summer they will be with Def Leppard and Poison. Rick Nielsen, we're sorry we couldn't bring you down here on the floor where you'd properly be appreciated, but we do honor you for your wonderful addition to the cultural scene in Illinos. We are unfortunately, we have to say that we have one apology, your partner was Senator Syverson in the 09600037.doc 14 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Stockholm Inn in Rockford. We're not sure that that was the best investment you've ever made, but we do honor you for all you've do… done for the State of Illinois. Rick Nielsen."
"Rick, thank you. We're proud to have you in the House of Representatives. Thank you very much, despite your partner up there in the gallery. Good to see you. Representative Betsy Hannig, on page 34 of the Calendar, you have House Bill 859. Read the Bill, Mr. Clerk."
Clerk Mahoney: "House Bill 859, a Bill for an Act making appropriations. Third Reading."
"The Chair recognizes the Lady from Montgomery, Representative Betsy Hannig." Hannig, B.: "This Bill is about autoimmune diseases. Autoimmune diseases are very important to me. There are 80 to 100 different autoimmune diseases. It's a case when your immune cells mistake and attack the very cells that they're meant to protect. Autoimmune diseases strike 50 million Americans, 20 percent of the population, or 1 in 5 people. Women are more likely than men to be affected by an autoimmune diseases, but you very seldom hear them talked about as a woman's health issue. Autoimmune diseases are one of the top 10 causes of death in children and woman ages 65 and younger. Some of the aging… autoimmune diseases you may have heard of are lupus, Type-1 diabetes, scleroderma, celiac disease, psoriasis, Crohn's disease, auto immune hepatitis, rheumatoid arthritis, Graves' disease, Sjogren's syndrome, and Raynaud's phenomenon. The other part of the Bill is arthritis. 09600037.doc 15 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Forty-six million dollars have… doctor… diagnosed arthritis worldwide. Arthritis is one of the most common kinds of disability in America. There are two forms: rheumatoid arthritis and osteoarthritis. The CDC estimates that the costs of arthritis including loss of productivity in Illinois alone, is 2.6 billion dollars annually and over 128 billion dollars nationwide. The impact of autoimmune diseases in total is 100 billion dollars annual direct health care costs. This Bill would appropriate money to the Department of Public Health to research autoimmune diseases in the amount of a million dollars, and 350 (sic- thousand) dollars to go to the arthritis portion of the Bill for support, education, and research of arthritis."
"Are there any questions on House Bill 859? Seeing none, the question is, 'Should House Bill 859 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? Kosel, Jerry Mitchell, Cynthia Soto, Tim Schmitz. Mr. Clerk, take the record. On this Bill, there are 83 Members voting 'yes', 33 Members voting 'no', 0 voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. Representative Bill Mitchell, on page 37 of the Calendar, you have House Bill 3217. Do you wish to call that Bill, Representative?" Mitchell, B.: "…that back to Second."
"Mr. Clerk, on request of the Sponsor, move House Bill 3217 back to the Order of Second Reading. Mr. Clerk, what's the status of 3217?" 09600037.doc 16 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"House Bill 3217, a Bill for an Act concerning regulation. The Bill has been read a second time previously. No Committee Amendments. Floor Amendment #1, offered by Representative Bill Mitchell, has been approved for consideration."
Speaker Lyons: "Representative Mitchell on the Amendment. Floor Amendment #1." Mitchell, B.: "Thank you. Thank you, Mr. Speaker. The Amendment becomes the Bill and what it does is the Bill says at least two Members of the Illinois Commerce Commission have to be from the Ameren territory, and I move for its adoption."
Speaker Lyons: "You've heard the Gentleman's move for the adoption of House Amendment #1 to House Bill 3217. All those in favor signify by voting 'yes'; those opposed vote 'no'. In the opinion of the Chair, the 'ayes' have it and the Amendment is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions are filed."
"Third Reading. Representative Sandy Pihos, for what purpose do you seek recognition, Representative?"
"Thank you, Mr. Speaker. A point of person privilege."
"Please proceed."
"Yes. We have a group of women here today from all over Illinois, from the Illinois Lincoln Series, who have come to learn about State Government and hone their leadership skills. And I'd like them to stand and I'm going to introduce them: Sue Rezin, Wynita Wozniak, Becky McNeil, Donna Rozycki, Stephanie Holderfield, Stephanie Yousef, Katie Justak, Martha Shugart, Jean Smuda, and Terri Bryant. 09600037.doc 17 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 And I'd like you to give them a warm welcome to Springfield."
"Welcome to the Capitol, Ladies. Enjoy your day. Representative Jack Franks, for what purpose do you seek recognition, Representative?"
"Personal privilege, Mr. Speaker."
"Please proceed, Representative."
"I'd also like to welcome a very important group that came to visit today. They're down for the week in Springfield, learning about all the Abraham Lincoln sites and what we're doing. It's the Crystal Lake Montessori School. So, please give them a nice, warm Springfield welcome right over here."
Speaker Lyons: "Welcome, Montessori. Enjoy your day. Representative Jim Sacia, on page 31 of the Calendar, you have House Bill 583. Read the Bill, Mr. Clerk."
"House Bill 583, a Bill for an Act concerning animals. Third Reading of this House Bill."
"The Chair… Representative… The Gentleman from Winnebago, Representative Jim Sacia."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I think it's fair to say that you probably have received as many, if not more, communications either via e- mail, snail mail, telephone call, or what have you regarding this Bill. It has become a Bill of great significance, a Bill that is strongly supported by the agriculture industry, and a Bill that has to do with the humane disposition of horses when they reach an end of life issue. The amount of misinformation that has been 09600037.doc 18 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 generated is literally overwhelming. One of my favorites is a fax that everyone of you received from a lady by the name of Beth Berry from Palm City, Florida. And in her fax to you she states, 'Jim Sacia holds a personal interest in slaughtering horses. As a breeder of Paint horses, it is documented that he sends horses that lacks sufficient color to slaughter.' Ladies and Gentlemen, I hope you would believe me when I tell you nothing could be further from the truth. I have owned, loved, raised, and shown horses my entire life. I have never sent a horse to slaughter. Again, I go back to the amount of misinformation, but let me share with you some very pertinent information. When the last remaining horse slaughter plant in this nation, Cavel International of DeKalb, Illinois, was closed in 2007. At that time, 11 thousand horses a year were being sent to Mexico for slaughter. Please, Ladies and Gentlemen, if you listen to nothing else about my comments, please listen to the following. Last year, according to the United States Department of Agriculture, an additional, an additional 57 thousand horses were sent to Mexico for slaughter. What this has caused, Ladies and Gentlemen, is an additional 40 hours in a semitrailer from this part of the country to the Mexican border. When they arrive at the Mexican boarder, the trailer is sealed and they spend another 11 hours in a trailer to the slaughter plants in Mexico. The sad reality is that, yes, I don't question that many horses that are slaughtered in Mex… Mexico are slaughtered humanely, but you need to know, Ladies and Gentlemen, many are not slaughtered humanely. Several 09600037.doc 19 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 years ago when there was a huge push to close Cavel International, many of you were shown a video purported to be from either the Texas slaughter plant or the Cavel slaughter plant. It was, in fact, from a Mexican slaughter plant. The travesty that has existed from that time absolutely boggles my mind and what boggles it more than anything is when highly respected organizations like the Humane Society of the United States, the Society for the Prevention of Cruelty to Animals, PETA, to name but three, are doing everything and anything they possibly can to kill this legislation. Ladies and Gentlemen, you kill this legislation, you are being extremely, extremely inhumane to horses and what is happening to the horse industry. Last week, Tuesday, I spoke with many of you asking for your support, walking around and giving you all a communication, if you will, outlining my passion for this Bill. My passion is because I love horses. I do not want to see them shipped to Mexico. A state of the art plant in DeKalb, Illinois, which is prepared to once again start slaughtering horses as soon as this can become law, is geared up and ready to go humanely, where a USDA inspector is on site for every kill. We have gotten so caught up in this country because this country does not eat horse meat. We are one of the few countries in the world that does not. Ladies and Gentlemen, allow this plant to reopen. Allow the humane termination of horses where we can watch and observe each and every kill. And yes, it's not pretty. It's a captive bolt to the head. The same way a sheep is killed. The same way a hog is killed. The same way a 09600037.doc 20 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 steer or a cow is killed. It is humane. We have no control in Mexico and it causes me great concern. One of the things that I have done in order to hopefully solicit your support is, I have added an Amendment to the Bill which would require Cavel International or any other slaughter plant, for every animal that is terminated, 25 dollars to be sent to the Illinois Department of Agriculture. That 25 dollars would be available on a grant basis for rescue agencies that hope to rescue horses, which certainly I would support. Again, fortunate I can afford to have my horses that face an end of life issue, have the veterinarian inject them with a lethal narcotic and have their body hauled away by a rendering company. The stories are amazing that are out there: the animals that are being abused; the animals that are being just dumped off. This very morning, I had two veterinarians from my district in my office literally appalled at the unbelievable increase in the neglect of horses throughout this nation. I stand ready to answer your questions. Before I do, there is one more comment that I absolutely must make. Last year, in the Driver's Education Committee… This is very important, Mr. Speaker. Ladies and Gentlemen, if you would listen to this…"
"Ladies and Gentlemen, if you could just bring the noise level down, please, for Mr. Sacia. Thank you."
"Thank you so much, Mr. Speaker. Ladies and Gentlemen, there is a lady in Chicago on a passion to keep me from passing this Bill. Michael Sneed, a well known columnist, I have included a letter that I sent to Miss Sneed March 24 09600037.doc 21 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 of 2008. I again sent her an e-mail on March the 25th of 2009, just last week. I even asked in there for a please read certification of response. I received that. Miss Sneed will not engage in dialogue with me. And last year in the Driver's Education Committee, many of you told me you could not vote for my Bill even though, even though, you recognized it was far more humane than our current situation. You couldn't vote for my Bill because you feared the poison pen of Michael Sneed. Why will the lady not speak to me? Ladies and Gentlemen, please recognize, horses are being inhumanely treated because we have outlawed horse slaughter in this country. I stand ready to answer your questions."
"The Gentleman from Champaign, Representative Chapin Rose."
"Thank you, Mr. Speaker. To the Bill. Years ago I rose in support of Representative Sacia and against the Bill that banned horse slaughtering in Illinois. The time, I talked about the… what a shame it was to value a horse's life over that of the workers and the families that worked at that plant. To me, it made no sense to tell somebody they weren't going to be able to put food on the table for their kid, they were going to lose their job because of that Bill. But we lost that fight and in the name of… of making a… a better environment for horses. However, the law of unintended consequences always comes into play. Since this thing went into effect, we've had dozens… in fact, I just pulled one up off the Internet, 60 abused horses in Coles County, 'cause they had no place to go. A 09600037.doc 22 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 doctor down there got indicted, actually went to trial for horse neglect 'cause he had no place to put the horses. That's just one case. Went on petabuse.com, didn't even know there was such a thing until I Googled it a second ago. Horse neglect, it starved to death, Woodstock, January 22, 2009, my district, all over the state. What is worse? Humane euthanization or allowing animals to starve to death because they have no place to go. It was argued at the time and quite frankly correctly, as it seems now that this is exactly what would happen. The good intentions would be met… would be met with this type of outcome because people wouldn’t know what to do, wouldn't know where to take their horse, wouldn't do anything, and so it would starve to death. It would freeze to death. It would be abused. It would be neglected. I don't remember a single case of horse neglect anywhere near my five counties in East Central Illinois before this Bill passed. I've seen a dozen since then. What's worse? Humane euthanzation or letting a horse starve, 'cause nobody knows where to put it. Nobody knows what to do with it because we've taken away their ability to euth… humanely euthanize it. Now listen, folks, I made my argument two years ago and I stand by it. It was ridiculous to value a horse's life over that of a family and put that worker, even one worker, out of a job. Ridiculous. That's the number one reason we ought to vote for this. But even for those of you who rejected that a few years ago, look at the practical outcome, the unintended consequences of what were admittedly good intentions. It hasn't worked. Please 09600037.doc 23 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 support Representative Sacia. Please support him. Thank you, Mr. Speaker."
"The Gentleman from McHenry, Representative Mike Tryon."
"Thank you, Mr. Speaker. Will the Gentleman yield?"
"The Gentleman yields."
"To the Bill. You know, I think this is a… a case where the public policy's gotten ahead of our ability to deal with unwanted and abandoned horses. If you read this month's Veterinary Society Magazine of America, you'll find out that there are 185 thousand abandoned horses that we know about today. We have no place for these horses to go. When I did my research on this Bill, I called in my district the Hooved Animal Rescue and Protection Society, that's a group of individuals who have been very aggressive in finding places for abused and unwanted horses to go to. When I talked to them I thought I would hear support to band slaughtering of horses and quite the contrary. I heard support to allow for the slaughtering of horses, because it was a humane way to end the life of a sick, ailing horse who had no further purpose to serve. We don't have reservations that we can send horses to, although we are looking at acquiring them. It's not anticipated that for another 5 to 10 years, would these types of… of facilities be available. So even the Veterinarian Society of our own country is saying, maybe this is an issue we should address 5 years from now, because the abandoned horses are suffering a much worse fate than if they were allowed to go and be humanely terminated at a slaughter facility. So, because there is a huge disagreement, even 09600037.doc 24 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 in those who deal with hooved animal rescue societies about how to handle this situation, we can't have public policy that is forcing the abandoned horses to go out on lands that aren't being maintained with no care for the horses. That is what's inhumane. So, I stand to rise in support of Mr. Sacia's legislation. I think at the time that we find ourselves now in this country and in the State of Illinois, we need to reopen the slaughter house so these horses have a humane treatment at the end of their life. Thank you."
"Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, under current Illinois law and I might add long standing Illinois law, if a horse that you own and care for and is dearly loved, becomes old and/or contracts a very painful and… and terminal illness and the end is inevitable, what does it cost to put a horse down by euthanasia?"
"I can answer that definitively, Mr. Black. Last year, my wife and I lost a horse that we had raised from a baby. We had her for 28 years, we showed her to national championship. My total bill with the euthanasia from the vet and the calling… the rendering truck was just under 400 dollars."
"When the horse would be euthanized or it were to die a natural death on property that you own, what… what's the state regulation on how the horse may be buried?"
"It is illegal to bury a horse in… in Illinois." 09600037.doc 25 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"So, what… what would a horse owner then have to do if a horse, again, well cared for but because of age or illness, dies, what do they have to do to the… to the remains of the horse?"
"There are what are known in my area and I'm sure yours as well, Mr. Black, rendering companies that will come and pick up the animal for a significant amount of money. In my case, it was right at 300 dollars, and haul the horse away and… and they process some of the bi-products and I can't tell you what they do with it."
"So, in other words, even if it is a natural and veterinary-assisted end of life, one must have the resources to carry out the end of life that a horse will… all animals will eventually reach, correct?"
"That's absolutely right, Representative."
"Thank you, Representative, and Ladies and Gentlemen of the house. To the Bill. I realize what an emotional issue this is. I'm not going to berate the things that I said a couple of years ago. My wife owned her own horse and dearly loved that horse. I've never been… to tell you the truth, I'm afraid of horses. Ever time I've been on a horse to go riding with my wife, the horse figures out very quickly that it can get rid of me and they do and I usually jump off before they throw me off. But… what happened a couple of years ago on this House Floor and… and that's lobbying and I understand that, but when you bring in celebrities to testify or have a… an event as was done when this Bill originally passed so the… the ban Bill originally passed. Sometimes logic can't compete with an 8 X 10 09600037.doc 26 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 glossy photograph of a glamorous Hollywood actress who urges you in return for that glamorous photograph, to not allow horses to be slaughtered. And I don't think anybody wants… nobody raises a horse that I know of to take it to slaughter, because the price generally wouldn’t cover the cost of… of raising the horse. But there have been numerous newspaper reports by, I assume, objective reporters. I'm looking at one from February 7, 2009, in the Chicago Tribune. Dr. Colleen O'Keefe, manager of the agencies Food, Safety and Animal Protection Division from the Illinois Department of Agriculture, said she has heard of more horse neglect and was recently told of a first, a documented case out of Winnebago County, of someone simply abandoning horses in a forest preserve. 'We've always thought that would happen', she said. 'My fear is that a family in a minivan is going to hit a 1 thousand pound horse some night which will result in major damage, not only obviously to the horse, but possibly…"
"Mr. Black, your time has expired. If you could conclude your remarks, we'd appreciate it."
"Obviously, it will result in… in a possible fatality to any of the human beings that… in the car.' There are any number of articles that I could quote that document the number of abuse cases have risen dramatically and there are, even though I've received many e-mails telling me that this isn't true. An Associated Press article in March 27, back a… a few months ago or a year ago, it is, Horse Surplus Drives Slaughter House Debate. Over the past couple of years, hundreds, perhaps thousands of horses have 09600037.doc 27 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 been left to roam free on tens of thousands of acres that were once strip mines in Kentucky. Exactly who owns the horses is unclear. Many are thought to have been abandoned. Others have simply been allowed to run loose by their owners to graze on other people's property because they can no longer afford to feed them. So what we have, I think, was what Representative Tryon said earlier. Perhaps our social conscience got ahead of facts and what needs to take place before you enact a Bill that we did two years ago. The documented cases of abuse are real. They aren't made up. The abject cases of cruelty are real. They haven't been made up. People are being prosecuted for simply turning horses loose in a pasture and letting them starve to death or die from lack of water. There has to be a better way to handle these issues than to simply say, the horse, the poor horse, is on his own. He can either make it or he'll die. I don't think that's what you want either. I rise in support of the Gentleman's Bill."
Speaker Lyons: "The Gentleman from White, Representative Brandon Phelps."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. To the Bill. As hyphenated cosponsor, I just want to say that Representative Jim Sacia by sponsoring this Bill has been called and accused of a lot of bad things and he does not deserve this whatsoever. So, as Ag chairman, I just want to say there is not a more honorable man than Representative Jim Sacia that I know. With this Bill, all Representative Sacia's trying to do is take care of a huge problem that's growing everyday in this state. Most the 09600037.doc 28 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 horses are pets. So, the owners, now that Cavel is closed, they don't want to send their pets to Mexico for inhumane slaughter. They can't afford the high price of euthanizing them like Representative Black said. So, they're just… they are literally letting these horses go in the woods, in the preserves and down in my area, in the Shawnee National Forest. We need to take care of this problem today, folks. Representative Sacia, I want to thank you personally for bringing this Bill and I urge an 'aye' vote. Thanks."
"The Gentleman from Cook, Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields." Davis, W.: "Representative, while I understand this is probably a little unusual for me to be asking questions on this issue, I've never had the pleasure of raising a horse or owning a horse like maybe some Members of the General Assembly have. But I guess my question is is… and I've seen pictures and I've heard quite a bit about this particular topic so, my question is, is that if someone doesn't want their horse anymore here in the United States, what happens to that horse?"
"It's a very good question, Representative. You can take your horse to a horse auction. Prior to the closing of Cavel at the early part of 2007, a horse that was not a wanted horse was known as a killer horse and a buyer was known as a killer buyer. The horses brought anywhere from 400 to a thousand dollars and the meat was processed and sent to a foreign country for human consumption. With the 09600037.doc 29 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 closing of all of these slaughter plants in the nation, that same horse today, if you can get a bid at all, it will be anywhere from 40 to 100 dollars. Now, keep in mind, the killer buyer still has a market. Oh, he's got some high fuel cost to get to Mexico, but he can still get a significant amount of money for that horse. So, to add insult to injury to this entire process, we are fattening the pockets of killer buyers because they are literally getting these horses for next to nothing, putting them in semitrailers, trucking them to Mexico, and it's either that or pay up to 400 dollars to euthanize and have the horse hauled away." Davis, W.: "But… but those same killer buyers as you call them, you mean they couldn't… if we were able to do that here in the State of Illinois, you mean they still… they wouldn't do that here? You mean they wouldn't buy up a bunch…"
"No, they will. They'll…" Davis, W.: "…of horses and still try to sell them to a… a facility here in Illinois to do it? I…"
"No. They absolutely will, Representative. You are 100 percent correct. There always has been a excellent market prior to the closing of the slaughter plants in this nation. There's been a excellent market for horse meat because it is shipped to foreign countries where it is… I won't say a delicacy, but certainly a staple, if you will." Davis, W.: "So… in… in Mexico where that… that country's often thrown out. So, in Mexico, do they humanely slaughter horses there?" 09600037.doc 30 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"They do humanely slaughter them. They also inhumanely slaughter them with a very, very gruesome process. To say that they don't have humane slaughter plants would be totally incorrect for me, Representative Davis, but once they cross that border, we lose complete control. We know of slaughter plants near Tijuana where the way they kill them is a spear into the spine and the horse is immobilized and a… a hook comes down and grabs the hind leg, the horse is still alive now, pulled into the… into the air and the throat is cut." Davis, W.: "Oh… okay, Representative…"
"That… that can happen." Davis, W.: "…my lunch is waiting for me in the back."
"I understand." Davis, W.: "Oh… Okay. Okay. All right, I'm… So… so, I guess what I'm just trying to understand here is that many folks have said that here in this United States that if these plants were able to operate that they would inhumanely slaughter the horses, but I guess, are they guaranteed that that horse won't be inhumanely slaughtered if…"
"Absolutely." Davis, W.: "…they go somewhere else. And it's quite obvious that we have some control in the ability to regulate that process here in the State of Illinois and I'm not saying that things that we do here are perfect by any means…"
"No." Davis, W.: "…but… but I guess what you're trying to say is that if we… if we're able to do it here, at least we can have 09600037.doc 31 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 the ability to make sure that horses are in… are humanely slaughtered if it comes to that for that horse. Correct?"
"Absolutely, Representative Davis. There is a USDA veterinarian inspector on site for every kill, every single kill." Davis, W.: "Okay, Representative. Very briefly to the Bill. At this point, unfortunately, I'm still not sure where I would vote on this issue. While I haven't received a lot of district one way or another, folks from my district, I… I'm not sure, but at least I appreciate what the Representative in trying to do… trying to create business opportunities and ways…"
Speaker Lyons: "Representative Davis, continue with… please bring your remarks to a close." Davis, W.: "…and ways to humanely slaughter horses, particularly if they're going to go to another country where we have no say or any control and it's a possibility that they could be inhumanely slaughtered in another country. So, again, I… I'm not sure, Representative, and I'll continue to listen to… to the debate on this issue, but I appreciate what you're trying to do, and as Representative Phelps mentioned before, character… characterizations of you that are negative certainly are unfounded. You are certainly one of the finest Gentlemen here in the General Assembly and we appreciate you bringing this issue forward."
"The Gentleman from Rock Island, Representative Mike Boland."
"Thank you, Mr. Speaker. The Sponsor yield?" 09600037.doc 32 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"The Sponsor yields."
"Jim, there… when I look at our analysis, there's some sort of strange thing hits me, maybe you can clarify it. Obviously, the Farm Bureau is for the Bill…"
"Yes, sir."
"…but on opponents, it's got the Illinois Pork Producers. Is that…"
"That… that has to…"
"…is that true?"
"…be incorrect. I… I know I can speak for Jim Kaitschuk. They absolutely are in… in support of this Bill. I know they are."
"Yeah. Well, that… that's why I said that that's one of the strange things I… I see on the analysis. I… I see the Illinois Humane Society, they're opponent. Right?"
"The… I know that the Humane Society, the United States the Society for the Prevention of Cruelty to Animals and PETA are. Beyond that, I… I'm not sure, Mike."
"Okay. How about… it says here also the Illinois Quarter Horsemen's Association?"
"That they are opposed?"
"Yeah."
"That would shock me, because I've had many Representatives from the quarter horse association call me in support."
"I wonder if there's anyway you could clarify that, 'cause that is strange and also the Illinois Thoroughbred Horsemen's Association says is an opponent." 09600037.doc 33 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"The only… the only opponents I have are the Horsemen's Benevolent and Protection Association and the Animal Welfare Institute. That's what I have on my analysis, Sir."
"Okay. I'm… I'm just reading from the analysis…"
"Thank you."
"…and like I said, it… it seemed to be a… a strange… that they would be opposed. And then there's no position by the Department of Agriculture. Is there any explanation of that, why they would have no position at all?"
"I can't answer that, Representative. Can't answer that at all."
"Okay, I've just been handed something about the… from the Hel… Horsemen's Council of Illinois, which apparently is different from the ones I just read to you and they are in support of the Bill. So, that seems to go against who… whatever analysis we have here seems to be strange indeed, but I think the… the crucial thing seems to me that horses are going to have to be, you know, slaughtered one way another…"
"Dealt with."
"…sad to say. We… you know, we'd love… they live forever just as we would love to live forever. And then of course, the… the thing of it is that if that happens… if it happens in an institution here in Illinois or Montana or somewhere, we at least have some control over it."
"Exactly." 09600037.doc 34 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"We can regulate it and sad to say, if it goes to Canada or Mexico, it goes out of our control and there may very well be good slaughter houses there that…"
"Right."
"…do humane treatment, but there may also those that you describe that really are barbaric…"
"Certainly questionable."
"…to say the least. So, I think that… that's where it comes down to. Obviously, we in America, we don't go for eating horse meat for human consumption…"
"Right."
"…and we would probably like other societies to be like us, but they don't. They're going to do what they are going to do as far as their cultures. We can't stop that, but we can try to make sure that we can regulate this and make it humane as possible here in America. So, I'm… I'm really… I tend to be a strong supporter of…"
"Thank you, Representative."
"…you know, the Society for the Prevention of Cruelty to Animals, have sponsored and passed many dog Bills, the Humane Society and so forth, supporting that legislation. So, I'm a little bit in… in question as to why they would be against this. So, if… with that, if you could add a comment of maybe why that is, then I will…"
"All right."
"…close and support your Bill."
"Thank… thank you. Thank you, Representative Boland. A comment to the Gentleman that I think is very, very important. Ladies and Gentlemen, if I could somehow get my 09600037.doc 35 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 hands around an understanding, a grasp, how when agencies like the Humane Society of the United States, the Society for the Prevention of Cruelty to Animals can in committee when I specifically asked them the question, how can you respond to an additional 57 thousand horses a year being shipped to a foreign country, in particular Mexico? I'm far more comfortable with Canada, but in particular Mexico, a second and third world country where we absolutely have no control. Their only response to me, and I… I just can not come to terms with this, is we believe in responsible horse ownership. We all do. Earlier, I was asked how we get rid of these horses and I mentioned euthanasia and I mentioned other ways, but what has happening more and more and more is the simple abandonment and the total walking away from horses and allowing them to starve to death. So, your question is very pertinent, Representative. I wish they would look me in the eye and realize I'm on their side. I want to humanely bring these animals to an end of life issue, not inhumanely."
"Representative Lou Lang."
"Thank you. Will the Sponsor yield?"
"The Sponsor yields."
"Through all the talk, Representative, about slaughter houses and all, I'm still unsure as to whether this Bill allows for the consumption of horse meat in Illinois."
"It does not. It does not allow for consumption in this country in any way. Very good question."
"All right. Thank you. To the Bill, Mr. Speaker. I… I'm the same 'no' vote that you would expect me to be. I 09600037.doc 36 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 don't understand the Bill. I don't understand the purpose of the Bill. I know what the Gentleman says and I know the Gentleman is emotional about it. I know the Gentleman's worked hard on it and I respect anyone who works hard on a piece of legislation in this Body, but the Gentleman's point seems to be that if… that we can slaughter horses in Illinois less barbarically than they do in other places, but barbaric slaughter of horses is still barbaric slaughter of horses, whether it's done in Mexico or in Illinois. And when you take a look at the stats and you see that the U.S. Government estimates that 92 percent of the horses that are slaughtered are healthy horses, one has to wonder if the whole purpose of this is to create a market in horse meat that would be sold elsewhere. We're aware that in other countries it's considered a delicacy, I understand that, but it's still illegal to eat horse meat in Illinois. This Bill doesn’t change that and I think the reason that it's illegal to eat horse meat in Illinois is that we don't think it's a good idea to eat horse meat. We don't think that's the right law for the State of Illinois and it baffles me, frankly, that we would allow an activity in Illinois that would lead to a product that we can't even use in the State of Illinois. I know the Gentleman in his closing will come up with all kinds of reasons why this is okay, but the bottom line is if 92 percent of the horses that are slaughtered are healthy, and if horse meat is illegal for consumption in the State of Illinois, and if what the Gentleman is trying to do is to say, well, we can be less barbaric about the slaughter of horses than they 09600037.doc 37 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 are in other places, well, that's not too convincing to me. So, Ladies and Gentlemen, I think if you think these things through you will join me in voting 'no' and, Mr. Speaker, should this receive the requisite number, I would request verification."
"The request for verification has been made by Representative Lang. Representative Sacia to close."
"Thank you, Mr. Speaker. To the previous Gentleman's comments about being less barbaric or more barbaric, my only response is, it is totally nonbarbaric. There is not a veterinary agency anywhere that would not agree that termination of an animal with the captive bolt is anything, anything other than humane. As for the Gentleman's concern about horse meat being consumed in this state or not being consumed, Ladies and Gentlemen, this state has over 200 thousand horses. He talked about healthy horses, 92 percent being sent to slaughter. This isn't an issue about old, decrepit horses. It's about unwanted horses who are being turned loose, who are being allowed to die of starvation. We have an opportunity here today to right a very, very, very serious wrong. The Gentleman spoke of me being emotionally involved in this. I… I guess I would have to concur. But it isn't an emotional issue about Jim Sacia, it's an emotional issue about animals that I love coming to a humane end of life. Ladies and Gentleman, if there was ever a time for you to stand up and oppose the Michael Sneed's of the world, to recognize that this is a matter of social conscience, do not allow an additional 50 to 60 thousand horses a year being sent to a country where 09600037.doc 38 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 we have no control whatsoever. I ask, Ladies and Gentlemen, for your 'aye' vote. And… and one… one other comment, if I could. One… one of the things that I… that I think is so very important is the term came up of social conscience and the importance of your conscience on this. Please, one more time, recall what I said when I shared with you the comments about last year and a lady from the Prevention of Cruelty to Animals would not address my issue other than to simply say that we believe in responsible horse ownership. Not a person in this Body does not believe in responsible horse ownership. We have created, as Representative Tryon said, and Representative Rose, a situation of unintended consequences. We have abandoned horses. We have uncared for horses. We have story after story of people going into riding areas with a loaded trailer, leaving with an empty trailer, because they simply can not keep… take care of their horses. I implore you, Ladies and Gentlemen, to support me on this Bill and I ask for your 'aye' vote."
"Ladies and Gentlemen, there has been a request for verification. Members are asked to punch their own switches only. The question is, 'Should House Bill 583 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. Franks. Mr. Clerk, take the record. Representative Sacia."
"I would ask for… I would ask for Postponed Consideration, Mr. Speaker." 09600037.doc 39 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Mr. Clerk, at request of the Sponsor, put this Bill on Postponed Consideration. The Chair recognizes the Gentleman from Cook, Representative Greg Harris on a point of personal privilege."
"Thank you, Mr. Speaker. I would just like to acknowledge the presence of some wonderful students from schools in my community who are down here today. You may have heard them in the lobby a little earlier. We have students from Uplift and Ahmanson School. So, if you're in the balcony still, could you stand up and be recognized."
"Welcome to the Capitol. Enjoy your day. All right, Ladies and Gentlemen, we're now going to vote on the Agreed Bill List. We've received everybody's responses and there will be four Bills taken off the Agreed Bill List. House Bill 1057, House Bill 2669, House Bill 670, and House Bill 882 have been taken off the Agreed Bill list. Representative Rose."
"Thank you, Mr. Speaker. For those of us playing at home, could you please repeat the… those four Bills?"
"Representative Rose, the four Bills that were taken off the list were: House Bill 1057, 1057, House Bill 2669, 2669, House Bill 670, and House Bill 882. Those four Bills were taken off the Agreed Bill List."
"Okay. Thank you."
"We're going to… been advised by the Clerk, we're going to take this out of the record for the moment. So, we'll get this… if there's some questions you need to have answered on this thing, there's still time. We'll take this out of the record momentarily. Representative 09600037.doc 40 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Chuck Jefferson, on page 31 of the Calendar, you have House Bill 537, Chuck. Out of the record. Representative André Thapedi, on page 35 of the Calendar, you have House Bill 2005. Are you ready to proceed, Representative? Read the Bill, Mr. Clerk."
"House Bill 2005, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"The Gentleman from Cook, Representative André Thapedi."
"Thank you, Mr. Speaker. It is with great pleasure that I present my first Bill. House Bill 2005 is a collaborative effort culminating in an agreement with the real estate community, the legal community, and the fair housing community that resolves an anomaly in the law relative to the judicial foreclosure procedure. Based upon this agreement, among the think tank comprised of members from the real estate industry, the legal industry, the fair housing industry, and the senior community, I urge an 'aye' vote. Thank you."
"Is there any discussion on House Bill 2005? Seeing no discussion… The Gentleman from DuPage… Well, light your lights, Ladies and Gentlemen. Representative Reboletti."
"Thank you, Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"I appreciate that this large collaborative effort took place, would this think tank… does this think tank have a name?"
"It… it does not, Representative." 09600037.doc 41 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Did you think about a name maybe for the group?"
"I will think on that. I know that it was a collaborative effort. We had roughly about 20-some-odd people in the room. We had some very meaningful discussion and… and I will give that some thought as to coining a name for the think tank."
"What does this Bill actually do, Representative?"
"Well, essentially, what this Bill does is, is exactly what our analysis says, is that it resolves an anomaly in the law. You may not be aware of this, but when you're in a foreclosure proceeding and the time comes in which it's almost over and you want to object to the sale. There are four bases to object to a foreclosure sale. The first basis is to argue that you didn't receive notice of the sale. The second basis in which you can argue to stop confirmation of the sale is to argue that the terms of the sale were somehow unconscionable. The third basis in which you can argue that a sale should not be confirmed is to argue that there was some fraud during the process. And lastly, the last and fourth prong in which you can argue that a sale should not be confirmed is if justice was otherwise not done. The issue here is before you can lodge the argument that you did not receive notice of the sale, you have to put up a bond or you have to put up a guarantee. That makes absolutely no sense. If someone is in the process of being foreclosed upon, how could they possibly purchase a bond or a guarantee to make that argument? I believe that that think tank recognized that that was truly an anomaly in the law. We addressed it, we 09600037.doc 42 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 worked on the language and in fact, if you'll look at your analysis, you'll see that they were three different Amendments before we could finally get the language right. And that was because everyone had a stake, everyone was involved in formulating the language that fixes this problem."
"Why did it take us to the 96th General Assembly to get here? Was this an oversight by the other General Assemblies?"
"I don't believe so. Actually, this… the last substantive Amendments to the judicial foreclosure procedure and in fact, the law in and of itself, was back in 1987. And Justice Grieman at the time was the champion of that particular piece of legislation and as time went along, they were addressing so many different issues and I've read all the floor debates on all of those issues. So to answer your question, it was not an oversight; it was just a very comprehensive piece of legislation that was enacted in 1987."
"Representative, what was the amount of bond that the person foreclosure… or person for the sale would have to put up? What would that amount be?"
"Well, it would depend, Representative Reboletti, on the amount of the… strike that. It would depend on the amount of the bid at the sale. So, let's say for an example that the sale was for 300 thousand dollars. If that was the amount of the successful bid, that would be the amount that would be required to be posted as a bond or as a guarantee." 09600037.doc 43 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"So, that's a quite large… that's a quite of an amount to come with when the person has, obviously, financial issues, so this would eliminate that requirement?"
"Absolutely."
"So, it seems like common sense, but sometimes things with common sense don’t always find their way to a successful vote here, but I think your legislation has some potential, Representative. Thank you."
"Thank you, Mr. Reboletti."
"Representative Jack Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Mr. Thapedi, I… I want to thank you for working so diligently on this Bill. And I heard the previous speaker asking some questions, and it seems to me that what you're trying to do is to give a sense of fundamental fairness to one who has a legitimate objection, but not the means to post a bond. Would that be a fair depiction?"
"That's more than fair, Mr. Franks."
"I… I think the… those that probably wrote this Act some 20 years ago never would have imagined the type of crisis that we're having now in our country, with the amount of foreclosures increasing. And I don't… I know typically when one has an appeal that a bond is required and I… that's probably why they drafted it that way. Would you agree?"
"And again, I… I don't know the answer to that question and after reviewing the floor debates ad nauseam, 09600037.doc 44 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 I still could not come up to an answer to that question. So, again, what we're doing today is we're resolving the legislative intent of what the Legislator… what this Body was thinking back in 1987 with House Bill 3340, if I recall correctly. I know that there are certain Members here on the floor today that were actually on the floor back then 'cause I've seen their names listed in the floor debates."
"Well, a lot's happened in 22 years and I think a lot's happened in 22 months. So, I think it's important what you're bringing forward to help protect those folks who have a legitimate defense, such as not getting notice and I think this is a critical change to the foreclosure law and I think it's a very good one. And I know you worked long and hard on this, and I appreciate that because you were open to a lot of suggestions and I know it probably took you a lot longer than you wanted to, to get to this first Bill. But I want to commend you again and I want to encourage all the Members to vote 'aye' on this very important Bill, because I think you're going to help people who need the help the most."
"Thank you, Representative."
"Representative David Miller. Representative Lou Lang."
"Thank you. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, lost in the hubbub of your very exciting Bill. This is your first Bill, correct?"
"It is indeed."
"And so I… I have to ask you some questions relative to that." 09600037.doc 45 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"I… I anticipated that."
"I bet you did, Sir. So, I'm wondering why you took on as your first Bill, something so vital and important to our citizens. Generally, people on their first Bill have, you know, naming the state fruit or… or naming a road or as one of our colleagues, they're just changing a… a number in a Bill. How come you took on something so important?"
"Well, Mr. Lang, this is the way that I intend to continue my service here to the community. I don't intend to dodge difficult issues. I… I'm here to help. I'm here to be a leader where I can be and that's my intent."
"In other words, it's not your intent to be frivolous like the rest of us?"
"Oh, I… I'm not saying that at all, Sir."
"I… I sense that that's what you were saying. I sensed you were saying that the other freshmen, in particular, who had Bills that weren't quite as relevant or as meaty, excuse the expression, as this one. I think you believe that they weren't serious about their work. I think you might owe the other freshmen an apology, Sir."
"Well, if… if I offended any of my class mates, that certainly was not my intention. This is definitely a Bill that's very important to my constituents. And you may recall, Mr. Lang, that you actually oriented all of the freshmen and we're a very close-knit group. So, again to all of my colleagues in the freshen class, if… if you feel that I've offended you in any way, please accept my humblest apologies." 09600037.doc 46 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Well, it is a close-knit and wonderful group and that's why, because I was involved in the orientation of the freshmen, I feel it my duty to point out to them, so that they can appropriately attack you when appropriate, that you think they were frivolous and then you pretty much referred to the rest of us as frivolous, but we can get by that 'cause we're grizzled old veterans. Let me ask you this, the current… the most recent Amendment is Amendment #3, is that correct?"
"Yes."
"And Amendment #3 replaced everything else. So, Amendment #3 is the Bill, is that correct?"
"That is correct."
"How come it took you so long to get it right, Sir?"
"Negotiating with 25 some-odd people is a very difficult thing to do. While I'm a negotiator in my second life, other than serving the community here…"
"You have two lives, Sir?"
"Well, I… I have two positions."
"I see. Go ahead."
"That's it."
"Oh, that was it?"
"That's it."
"So, can you provide, before we vote on this, a list of all 25 people that were in the room and their e-mail addresses."
"I can do that off the record. I don't know if they would want me to identify them all, but I'm happy to come by your office and…" 09600037.doc 47 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"So… no, I'll be busy. So… So, do you have any interest in taking this Bill out of the record and providing all of this information to us?"
"I don't think that that's…"
"Maybe you can come down here Monday and pass this Bill."
"I… I don't think that's in the best interests, especially of my constituents…"
"I see."
"…who need this vital piece of legislat… legislation, especially when we're talking about scenarios in which people have not received notice of a foreclosure sale and they're losing their entire…"
"Well, on the issue of notice, Sir, did you provide notice to the other 117 of us that you were going to run this Bill today? You're very interested in notice, apparently. I don't recall getting a notice from you about this Bill."
"Had I known specifically that it'd been called today, I definitely would have let you know, Mr. Leader."
"But don't you… that's good. But don't you think it's your responsibility to let us know? After all, you're doing this, you said, on behalf of your constituents and the 25 people you negotiated with."
"Well, again, I'm just trying to follow the protocol of the House and when called upon to address this Body, I… I try to do that to the best of my ability."
"I see. So, you said many of your constituents came to your office about this Bill. How many?"
"No, no. I never said that." 09600037.doc 48 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Oh, you said you were addressing constituent needs."
"Absolutely."
"How did you determine those needs?"
"The rash number of foreclosure filings…"
"Though, how… what number?"
"…that are occurring in Cook County. Oh, I believe it's roughly over 20 some-odd thousand last year."
"Did you say rash?"
"I said roughly."
"Oh, okay."
"About 20 thousand."
"All in your district?"
"Well, let me give… let me give you a more specific statistic. More than half of the 12,682 foreclosure homes in the state came from Cook Coun…"
"Lou Lang, need another minute? You got it."
"Were… were you finished with that answer, Sir?"
"I believe I was done, Sir."
"All right. So, I don't have much else to say. I think you did pretty good job answering my question, but I'll still probably vote 'no'. Thank you, Sir."
"Representative Careen Gordon." Gordon, C.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields." Gordon, C.: "Representative, not only have I read the analysis, but I… I went ahead and I read the Bill and I guess I just… I have two questions… two things that really bother me about this. One of them is that if they're able to secure a bond for the… the amount that's equal to the successful 09600037.doc 49 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 bid at the sale, then why weren't they able to pay the mortgage on the house?"
"You're exactly right, Representative. That's why we're making the change." Gordon, C.: "Okay. So, and then…"
"You got it." Gordon, C.: "Right. So, then why? So… so, they had the money, but they just didn't pay it?"
"No. No. What… what I'm saying here is that the requirement, before you can make the argument of lack of notice of the sale, is that you have to purchase a bond or a guarantee, and as you've pointed out, that's illogical. If someone is being foreclosed upon, clearly they're in financial distress." Gordon, C.: "So, they were purchasing other things instead of paying their mortgage, so then they go and they… if they… as long as they purchase a bond, then it… they can keep their house."
"I'm not sure your question, Representative." Gordon, C.: "Okay. So, they were… they're able to purchase a bond in the amount that the house… that the house is going to be foreclosed upon for, that the house is going to be sold for. If they can purchase the bond in the amount that the house is going to be sold for in foreclosure, they get to keep their house, as long as they meet the other requirements."
"Well… I think that you and I are not connecting on this point and I want to connect with you, Representative. Let me be very clear in what we're doing. We're talking 09600037.doc 50 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 about the stage in which the court is prepared to confirm the sale. Okay?" Gordon, C.: "Okay."
"Now, homeowner wants to object to the confirmation of the sale. There are four bases in which homeowner can object…" Gordon, C.: "Oh, I… I…"
"…to the confirmation himself." Gordon, C.: "…I under… No, I…"
"If I may. If I may. If I may, Councilor." Gordon, C.: "No, I got it."
"If I may." Gordon, C.: "I… I understand that there are four different ways that they can do that, but I'm just saying that if they can afford to go out and get the money for the bond for the amount that they're foreclosing upon, that they can get the money for that, then why weren't they can… get the money to make… to… to make the money and make the payments in the first place?"
"My concern is that they are unable to get the bond at all, therefore they are barred from making that argument." Gordon, C.: "Okay. And then, my… I guess my second question is about notice and then the notices that those who didn't… you can receive notice currently by, let's see… mail, fax, or delivery and then it also… the Amendment requires notice to be given by service of process. So then, does the notice… so then, with your Amendment, does notice then have to be given by service of process or does it then also include all of the other ways to give, notice as well? And 09600037.doc 51 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 if they don't get it by service of process, is everything out the window and then it doesn't count at all?"
"Representative, I withdrew Amendment #1 and #2. Amendment #3 is the Bill. So, we did not make any changes to the service requirement with respect to the notice of the sale." Gordon, C.: "So, notice… notice stands as is?
"Yes." Gordon, C.: "Okay. And then my next question is, is that, do you ever smile at all and have you ever smiled since you've become a State Representative?"
"Absolutely. Every day." Gordon, C.: "Everyday. And just like you are right now?"
"Well, this is serious business and I'm representing the people…" Gordon, C.: "Okay."
"…and I'm happy to be here." Gordon, C.: "Okay. Well, I recommend you loosen up a little bit, even when we're talking bonds and mortgage and foreclosures."
"Well, on your first Bill, Representative, you feel a little tense. I must tell you." Gordon, C.: "Okay. So… so, my question to you, what… what do you think my first Bill was about? Knowing my background and… and being here for five years, what do you think that my first Bill was about?"
"I… I would assume that it would have been something dealing with criminal law, 'cause I believe that…" 09600037.doc 52 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Gordon, C.: "It was about commercial distribution fees and trucking. And I still smiled through the whole thing."
"Very interesting." Gordon, C.: "So, even though this is your area of expertise, you can still smile. Well done, Representative."
"Thank you, Representative."
"Representative Roger Eddy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Mr. Speaker, if I'm not mistaken, this… this Gentleman is the freshman who spoke on… on a Bill prior to presenting a Bill and I had inquired from the Chair as to whether or not that was as egregious a violation of House Rules as I had thought it was?"
"It may well be, Mr. Eddy. We'll take that into consideration and check with the parliamentarian."
"Yeah, I think… I'm not sure what the sanction is for that, but I… I would recommend that those sanctions be put in place as soon as we… we find out what those… Representative, I've been… can you sing or dance?"
"I'm not sure… how is that relevant?"
"It's not. Just answer the question. Can you sing or dance, because somebody walked by my desk a little while ago and asked me if I was going to be interested in providing some measure of… of talent to the COWL production this year. Are you aware of what the COWL production is?"
"I believe that I'm aware of it."
"Okay. Well, I would… I would think that if those folks who support COWL have an idea of whether of not you can 09600037.doc 53 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 sing or dance, they might be more interested in whether or not they're going to support your first Bill. So, I'm… I'm trying to help you and I'm wondering, can you sing or dance?"
"I… I think I have a few talents. Yes."
"Okay. So, based on those talents, would you commit not to… I think Representative Osmond was going around and signing up… we can put you down as a sing, a dance, some type of act for the COWL presentation this year?"
"May I mull that over?"
"You want to mull that over. Well, you can audition now. What do you think, Ladies and Gentlemen of the House, he could audition now? We could run the full audition here, could find out… All right. Well… earlier, I thought I heard you say that this legis… legislation was put together with 25 odd people."
"Twenty-five some-odd people. I don't…"
"Some were odd and others weren't odd?"
"No. No. What I mean is, I don't have the exact number. If I go back to my office and I go through a list of everyone who was there, I'm sure I could come up with a definitive number for you, Representative Eddy."
"A definitive number of how many were odd?"
"No. How many people were there."
"How many people were there."
"Yes, Sir."
"So, you may have misspoke and none of those people are actually odd. There might have been twenty-some people or 09600037.doc 54 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 25 people. You… you weren't trying to imply they were odd?"
"Definitely not."
"Okay. Well, I wanted to clear that up for the record because those folks that are involved in writing legislation sometimes get a little touchy if they're described as odd, even though some of them might be, they just don't like to hear it on the House Floor. Have you… have you checked with the Senate for a Sponsor?"
"I have discussed the proposition with a few Senators, yes."
"Are you going to flip a coin to decide. Obviously, it sounds to me like it's very popular if a few Senators are interested in this. And I, by the way, I'd be careful over there."
"Well, that's my own effort. Again, I didn't want to put the cart before the horse and I'd like to…"
"Whoa, whoa, whoa, whoa, whoa. How did you… the horse? I don't think that's appropriate."
"Well…"
"Representative Sacia is… that Bill's on Postponed Consideration."
"Well, my next door neighbor, Mr. Sacia's… he has his own beliefs on that and I was just using that just as a… a way to explain my point."
"So, your reference to cart or horse had nothing to do with House Bill 583?"
"Absolutely not." 09600037.doc 55 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Well, I'm not sure about that either, but… Let me… let me ask you this. Have you checked with the Illinois Community Bankers' Association on this legislation?"
"I believe that I have, yes."
"And they're okay?"
"As far as I know, yes."
"Okay. How about the Illinois Credit Union League?"
"They are definitely in support."
"How about the State Bar Association?"
"They are definitely in support."
"How about St. Mary of the Woods?"
"I am not familiar with St. Mary's of the Woods."
"How about the Flat Rock Village Community Club?"
"I don't know who they are."
"How about the Paris VFW?"
"I don't know who they are, either."
"How about the Girl Scouts of America?"
"I do know who they are but…"
"And do they support the Bill?"
"…I don't believe that they were there. They weren't there."
"Representative, I've got to tell you, I just listed four or five very important community organizations to my constituents and you're telling me you haven't checked with the Flat Rock Community Club or the Paris VFW and I'm not sure how people here are unconcerned what their constituents think, but I think until this Representative takes the proper time to check with each of the community organizations that are important to the hundred and…" 09600037.doc 56 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Ten more seconds, Representative."
"I think that… I think that until he checks with all community organizations important to us, we should vote 'no'."
"Representative McCarthy."
"Thank… Thank you, Mr. Speaker. I move the previous question."
"The Gentleman moves the previous question. All those in favor signify by saying 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the question is so moved. Mr. Thapedi to close."
"Mr. Speaker, I urge an 'aye' vote on this important piece of legislation. Thank you."
"Ladies and Gentlemen, the question is on Mr. Thapedi's first Bill, House Bill 2005, 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? Naomi Jakobsson. Have all voted who wish? Mr. Clerk, take the record. On this Bill, 116 'yes', 0 'noes', 0 'presents'. This Bill, having received a Constitutional Majority, is hereby declared passed. Congratulations, Representative, on your Bill. Representative Chuck Jefferson, for what purpose do you seek recognition, Sir?"
"Thank you, Mr. Speaker. Point of personal privilege."
"Please, proceed."
"Thank you. I just want to take this time to recognize the grade school from the South Beloit Junior 09600037.doc 57 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 High School, here all the way from the northern part of the state. South Beloit Junior High School. Please stand, take a bow. Give them a round of applause, please. Thank you."
"Welcome to the Capitol, South Beloit. Enjoy your day. Representative Rosemary Mulligan, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. I rise to a point of personal privilege. Right over here in the gallery, them standing up, I have the student advisory committee and their advisors from Main East High School for the School Based Clinic. They're here today visiting the Capitol and I thought I'd like to introduce them, and I hope everybody will give them a big hand."
"Welcome, Main East. Enjoy your day at the Capitol. Representative David Miller, for what purpose do you seek recognition, Sir?"
"Mr. Speaker, a point of personal privilege."
"Please, proceed."
"Today, Ladies and Gentlemen, in the gallery, we have the Carver… Carver Military Academy School Base. Rise and stand up to tell us to be happy and to be healthy. Please, give them a warm welcome to Springfield."
"Welcome to the Capitol. Proud to have you. Enjoy your day. All right, Ladies and Gentlemen, I'm going to… put the Bills on the Agreed List on the Order of Third Reading. So, we'll go through the mechanics of this, excluding the four Bills that I mentioned earlier, which once again for the record: House Bill 1057, House Bill 09600037.doc 58 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 2669, House Bill 670, and House Bill 882 have been taken off the Agreed Bill List. Mr. Clerk, status of House Bill 30."
"House Bill 30, a Bill for an Act concerning State Government. Third Reading."
"Leave that Bill on the Order of Third Reading. Mr. Clerk, House Bill 39."
"House Bill 39, a Bill for an Act concerning public aid. Third Reading."
"Leave that Bill on the Order of Third Reading. Mr. Clerk, House Bill 72."
"House Bill 72, a Bill for an Act concerning transportation. Third Reading."
"… that Bill on the Order of Third Reading. House Bill 163."
"House Bill 163, a Bill for an Act concerning employment. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 174."
"House Bill 174, a Bill for an Act concerning revenue. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 177."
"House Bill 177, a Bill for an Act concerning State Government. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 236.'
"House Bill 236, a Bill for an Act concerning civil law. Third Reading." 09600037.doc 59 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Leave that Bill on the Order of Third Reading. House Bill 268."
"House Bill 268, a Bill for an Act concerning elections. Third Reading."
"Leave the Bill on the Order of Third Reading. House Bill 496."
"House Bill 496, a Bill for an Act concerning regulation. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 529."
"House Bill 529, a Bill for an Act concerning children. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 617."
"House Bill 617, a Bill for an Act concerning business. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 629."
"House Bill 629, a Bill for an Act concerning safety. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 641."
"House Bill 641, a Bill for an Act concerning transportation. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 644."
"House Bill 644, a Bill for an Act concerning local government. Third Reading." 09600037.doc 60 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Leave that Bill on the Order of Third Reading. House Bill 693."
"House Bill 693, a Bill for an Act in relation to stalking. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 707."
"House Bill 707, a Bill for an Act concerning transportation. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 726."
"House Bill 726, a Bill for an Act concerning State Government. Third Reading."
"… the Bill on the Order of Third Reading. House Bill 745."
"House Bill 745, a Bill for an Act concerning public aid. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 752."
"House Bill 752, a Bill for an Act concerning aging. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 796."
"House Bill 796, a Bill for an Act concerning energy assistance. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 806."
"House Bill 806, a Bill for an Act concerning education. Third Reading." 09600037.doc 61 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Leave that Bill on the Order of Third Reading. House Bill 809."
"House Bill 809, a Bill for an Act concerning education. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 812."
"House Bill 812, a Bill for an Act concerning insurance. Third Reading."
"House Bill 838."
"House Bill 838, a Bill for an Act concerning regulation. Third Reading."
"…Order of Third Reading. House Bill 849."
"House Bill 849, a Bill for an Act concerning local government. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 852."
"House Bill 852, a Bill for an Act concerning State Government. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 899."
"House Bill 899, a Bill for an Act concerning higher education. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 942."
"House Bill 942, a Bill for an Act concerning environmental safety. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 998." 09600037.doc 62 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"House Bill 998, a Bill for an Act concerning wild life. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 1034."
"House Bill 1034, a Bill for an Act concerning finance. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 1087."
"House Bill 1087, a Bill for an Act concerning conservation. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 1088."
"House Bill 1088, a Bill for an Act concerning safety. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 1107."
"House Bill 1107, a Bill for an Act concerning education. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 1142."
"House Bill 1142, a Bill for an Act concerning business. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 1150."
"House Bill 1150, a Bill for an Act concerning regulation. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 1175." 09600037.doc 63 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"House Bill 1175, a Bill for an Act concerning professional regulation. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 1188."
"House Bill 1188, a Bill for an Act concerning State Government. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 1197."
"House Bill 1197, a Bill for an Act concerning education. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 1202."
"House Bill 1202, a Bill for an Act concerning local government. Third Reading."
"Leave that order… Bill on the Order of Third Reading. House Bill 1292."
"House Bill 1292, a Bill for an Act concerning State Government. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 1316."
"House Bill 1316, a Bill for an Act concerning criminal law. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 2247."
"House Bill 2247, a Bill for an Act concerning professional regulation. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 2253." 09600037.doc 64 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"House Bill 2253, a Bill for an Act concerning education. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 2263, Mr. Clerk."
"House Bill 2263, a Bill for an Act concerning revenue. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 2275."
"House Bill 2275, a Bill for an Act concerning insurance. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 2285."
"House Bill 2285, a Bill for an Act concerning regulation. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 2286."
"House Bill 2286, a Bill for an Act concerning professional regulation. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 2331."
"House Bill 2331, a Bill for an Act concerning professional regulation. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 2332."
"House Bill 2332, a Bill for an Act concerning local government. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 2335." 09600037.doc 65 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"House Bill 2335, a Bill for an Act concerning business. Third Reading."
"Leave that Bill on the Order of Third Reading. Mr. Clerk, House Bill 2352."
"House Bill 2352, a Bill for an Act concerning higher education credit card marketing. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 2353."
"House Bill 2353, a Bill for an Act concerning criminal law. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 2388."
"House Bill 2388, a Bill for an Act concerning aging. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 2345."
"House Bill 2345, a Bill for an Act concerning…"
"Twenty-three… 2435, Mr. Clerk. My mistake. House Bill 2435."
"House Bill 2435, a Bill for an Act concern… concerning Illinois State Toll Highway Authority. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 2440."
"House Bill 2440, a Bill for an Act concerning professional regulation. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 2448." 09600037.doc 66 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"House Bill 2448, a Bill for an Act concerning education. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 2541."
"House Bill 2541, a Bill for an Act concerning criminal law. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 2546."
"House Bill 2546, a Bill for an Act concerning criminal law. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 2610."
"House Bill 2610, a Bill for an Act concerning criminal law. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 2686."
"House Bill 2686, a Bill for an Act concerning education. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 3642."
"House Bill 3642, a Bill for an Act concerning public aid. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 3649."
"House Bill 3649, a Bill for an Act concerning regulation. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 3656." 09600037.doc 67 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"House Bill 3656, a Bill for an Act concerning public employee benefits. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 3661."
"House Bill 3661, a Bill for an Act concerning public employee benefits. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 3673."
"House Bill 3673, a Bill for an Act concerning education. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 3676."
"House Bill 3676, a Bill for an Act concerning sex offenders. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 3677."
"House Bill 3677, a Bill for an Act concerning transportation. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 3682."
"House Bill 3682, a Bill for an Act concerning revenue. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 3690, Mr. Clerk."
"House Bill 3690, a Bill for an Act concerning civil law. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 3705." 09600037.doc 68 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"House Bill 3705, a Bill for an Act concerning transportation. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 3714."
"House Bill 3714, a Bill for an Act concerning domestic violence. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 3717."
"House Bill 3717, a Bill for an Act concerning criminal law. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 3718."
"House Bill 3718, a Bill for an Act concerning local government. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 3746."
"House Bill 3746, a Bill for an Act concerning local government. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 3787."
"House Bill 3787, a Bill for an Act concerning transportation. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 3833."
"House Bill 3833, a Bill for an Act concerning finance. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 3859." 09600037.doc 69 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"House Bill 3859, a Bill for an Act concerning safety. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 3872."
"House Bill 3872, a Bill for an Act concerning revenue. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 3885."
"House Bill 3885, a Bill for an Act concerning criminal law. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 3934."
"House Bill 3934, a Bill for an Act concerning criminal law. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 3981."
"House Bill 3981, a Bill for an Act concerning health. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 3991."
"House Bill 3991, a Bill for an Act concerning firearms. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 3994."
"House Bill 3984, a Bill for an Act concerning fire…"
Speaker Lyons: "Thirty-nine ninety-four. Mr. Clerk, my mistake, 3994." 09600037.doc 70 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"House Bill 3994, a Bill for an Act concerning regulation. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 3997."
"House Bill 3997, a Bill for an Act concerning State Government. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 4008."
"House Bill 4008, a Bill for an Act concerning children. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 4013."
"House Bill 4013, a Bill for an Act concerning criminal law. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 4021."
"House Bill 4021, a Bill for an Act concerning safety. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 4027."
"House Bill 4027, a Bill for an Act concerning finance. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 4030."
"House Bill 4030, a Bill for an Act concerning business. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 4036." 09600037.doc 71 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"House Bill 4036, a Bill concerning regulation. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 4046."
"House Bill 4046, a Bill for an Act concerning revenue. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 4049."
"House Bill 4049, a Bill for an Act concerning criminal law. Third Reading."
"House Bill 4054."
"House Bill 4054, a Bill for an Act concerning foster children. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 4177."
"House Bill 4177, a Bill for an Act concerning criminal law. Third Reading."
"Leave that Bill on the Order of Third Reading. House Bill 4182."
"House Bill 4182, a Bill for an Act concerning regulation. Third Reading."
"Leave that Bill on the Order of Third Reading and House Bill 4327, Mr. Clerk."
"House Bill 4327, a Bill for an Act concerning transportation. Third Reading."
"Leave that Bill on the Order of Third Reading. The Chair recognizes the Gentleman from Cook, Representative David Miller." 09600037.doc 72 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Thank you. Thank you, Mr. Speaker. In regards to House Bill 496, I just want to make it clear for the record, there is no intention to change any fee splitting provisions in any other practice acts, any practices of other health care professionals such as, for example: the Nurse Practice Act, the Occupational Therapy Practice Act, the Physical Therapy Practice Act, or the Professional Practice Act… excuse me. These Acts are not… are not being amended expressly or by implication. Thank you."
"Thank you, Mr. Miller. That'll be added to the record. Representative Lang, on a Motion on the Agreed Bill List?"
"I assume the Motion you're looking for, Sir, is a Motion to pass the Agreed Bill List on Third Reading."
"Thank you, Representative Lang. The Motion has been made to pass the Agreed Bill List as written… as read. 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 Colvin, Marlow. Mr. Clerk, take the record. On Agreed Bill List #2, 116 Members voted 'yes', 0 voted 'no', 0 voted 'present'. These Bills, having received the Constitutional Majorities, are hereby declared passed. Representative Ken Dunkin, on page 36 of the Calendar, you have House Bill 2451. Read the Bill, Mr. Clerk."
"House Bill 2451, a Bill for an Act concerning local government. Third Reading of this House Bill."
"The Gentleman from Cook, Representative Ken Dunkin." 09600037.doc 73 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Thank you, Mr. Speaker and Members of the House. House Bill 2451 simply allows a municipality to charge or to place a lien… one lien on municipal properties that they have tended to such as cutting their lawns and seeing to it that the property is not a nuisance, and I would encourage an 'aye' vote."
"Is there any discussion? The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."
"Thank you, Mr. Speaker. Will the Sponsor yield? Representative, just have one quick question for you. It's our understanding that the Amendment does address the concerns of the Realtors Association and they are now… they've removed their opposition?"
"That is correct."
"Okay. Thank you, Representative."
"Yes, Sir."
"Is there any further discussion? Seeing none, Representative Dunkin to close."
"Thank you, Members of the House. I would encourage and ask for an 'aye' vote."
"The question is, 'Should House Bill 2451 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 Turner, Schmitz, Chapin. Mr. Clerk, take the record. On this Bill, there's 116 Members voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. 09600037.doc 74 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Representative Naomi Jakobsson, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. Please, let the ref… record reflect that I fully intended to vote 'yes' on House Bill 2451, but my switch was not working."
"Representative, the rec… the Journal will so reflect your wishes. Representative Ed Sullivan, on page 38 of the Calendar, you have House Bill 3716. Do you wish to call the Bill? Read the Bill, Mr. Clerk."
"House Bill 3716, a Bill for an Act concerning State Government. Third Reading of this House Bill."
Speaker Lyons: "The Gentleman from Lake, Representative Sullivan."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. A few years back we passed three Internet gang units. What we're doing today is we're changing the name of the gang units and shifting one of the units from a local city to Lake County Metropolitan Enforcement Group. I'd be happy to answer any questions."
"Is there any discussion? The Chair recognizes the Lady from Cook, Representative Deborah Graham."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, can you restate… you know, tell us about this Bill, a little bit more about this Bill?"
"Certainly. Two years ago we passed legislation that would in essence authorize three units that their task would be to track gang activity by use of the Internet. We presented a… we brought up presentation in on a unit of 09600037.doc 75 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 local government up in Lake County that was presently doing that. So, our purpose was to… to form these new units, give them extraordinary police powers throughout the state, we would also make sure that they do quarterly reports to the State Police, and the third thing that it allowed for was for these units, should there be… some seizures of property, that they would be part of any… any monies that are received. We didn't change law in regard to that, we just added them to who could have forfeiture of… of any seizures. What we're doing today is, we found that one of the units wouldn't be able to handle the added burden, so we're changing it from one of the local police forces to Lake County Metropolitan… MEG, Lake County MEG. The Amendment brought Cook County back into it. They… there was some miscommunication on my part with Cook County. We… we thought that they wanted to be excluded, but they wanted to be included so the Amendment brought them back and we removed Danville from the unit. So, now there's two units instead of three. We changed the sunset, 'cause this will sunset. So, we changed the sunset to give us three years…"
"What is a sunset?"
"We changed it to July 1, 2012, instead of 2010."
"Now, with this… the tracking, the authority that you have given the police to do the cyber tracking, are they tracking high school e-mail or what sort of… cyber…"
"No. You know what, the presentation was given on a MySpace account. So, without getting into too much details, they… they are tracking… we changed it to cyber instead of Internet because there's many forms of 09600037.doc 76 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 communication that the… the gangs are using. You know, the State Police actually when we put this presentation, they… they said this is the missing link in regard to gang activity. We are behind the times in trying to track these gangs. Now, how the locals were doing this, they were trying to get to the kids before they got into gangs. So, you had a… a lot of wannabes that were… were signing and doing all kinds of things on the Internet. They were actually using it to go and talk to the kids to get them out of the gangs ahead of time. That is one use that we're going to do with this. The secondary use will be for higher end criminal activities."
"Thanks, Representative."
"Thank you."
"Representative Harry Osterman."
"Will the Sponsor yield? Representative…"
"The Sponsor yields."
"Representative Sullivan, you say that this was established last year. What have the results been as of yet?"
"There have none. As of this point, it has not been funded. It is not my intention to seek state funding at this time. We are simply moving this. Should we… I'm working with Cook County to try and bring in some federal grant dollars to get this operational. If we do not get federal grant dollars, then this will not be moved forward."
"So, last year you passed this and then you… there was no funding attached so it sat there and did nothing?" 09600037.doc 77 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Well, there was… there was a promise of funding two years ago that never materialized from the former administration, but no, it has never been funded and so, it has never been operational. Let me rephrase that…"
"Who made… what made the promise two years ago?"
"That would be a former administration."
"They made the promise to you?"
"They… well, maybe promise is the wrong word. They were very happy to have this move forward. They thought it was a great idea and had indicated that they would like to fund this through normal means, not supplemental appropriations, and that never came through."
"So, the Bill doesn't in it's current form ask for funding? Does it say subject to appropriation?"
"No."
"So…"
"It says… it says, 'of monies available'. I specifically worded it that way because I made the commitment in committee, I will not be asking for an appropriation from State Government over this… in this budgetary climate that we're in."
"So, will the funding be once they track someone, say, trafficking narcotics, that they would… of those monies or trafficking firearms, they would somehow get some… you know, or seized property that that money would be split between Lake County and Cook County?"
"In the legislation, it allows for these units to participate in current law on seized property. So, we're not changing the law, we're adding these units into the 09600037.doc 78 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 formula that is preexisting to allow them to potentially get some of the funds. So, let's say they take down a drug bust and there's a million dollars there, that million dollars will eventually, after it's been adjudicated, go through a process, a formula, for all the units of local government or law enforcement agencies that were part of the take down. So, we just added them into it. If they're a part of that, then they will be eligible for some of the money. So, yes, this could potentially be a source of funding. I'm not going to tell you that it's the end all be all, but that is a source of funding that will be included in the future."
"Does the pilot project includes Lake and Cook County?"
"Yes, it does."
"Thank you."
"Representative Careen Gordon." Gordon, C.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor awaits your questions." Gordon, C.: "Representative Sullivan, you said right now that there's no funding for these met… for this, like, super MEG group, supposedly?"
"Yes, that is correct." Gordon, C.: "Okay. So, is there language included in… in the text that gives them jurisdiction to look at the Internet and go down and… and run a… run a crime unit down in Pope County or Macoupin County and then take them back and run them in front of the grand jury in front of Lake County or… or Cook County?" 09600037.doc 79 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Well, how these units would operate are… they would go into the jurisdiction with local law enforcement. So, if they did a take down in… in your county, I believe it's Grundy County, they would be working with units of law enforcement." Gordon, C.: "Uh huh."
"The units specifically would be physically located in Lake County MEG or Cook County, but you know, the Internet has… you can track people all over the world and they do that right now. So…" Gordon, C.: "So…"
"…it's not because they came up with the idea in Lake County that people would be adjudicated in Lake County; they would go into the county where… where the crimes occurred. So, they'd be working with local law enforcement. And… and they wouldn't just go in without telling people. I mean, that… the whole purpose is to try and bring all law enforcement together. I mean, you know, down the line with this, we would hope to have a statewide database to track gangs and so forth like that." Gordon, C.: "So, why don't you do it in the same way that… in the very similar way that the statewide grand jury statutes are written for the Attorney General's Office? So, then why don't you just add to the Internet crimes division of the Attorney General's Office and then you have… you already have a MEG division and it would be the same thing? You… You're already…"
"Yeah." Gordon, C.: "I mean, you're doing that kind of already exists." 09600037.doc 80 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Well, not necessarily. We actually worked with the Attorney General's Office on this very plan. They were part of this and they're the ones that said to run it away from STIC and… and the rest of the State Police and run it as a separate gang enforcement group. So, I can understand what you're saying but… but…" Gordon, C.: "But… but if you're looking…"
"…this discussion did take place with the Attorney General's Office two years ago." Gordon, C.: "Right. But if… if you're looking for a funding for it then, I mean, you can already add funding to the Internet crimes division of the Attorney General's Office and it could already be done in the same way and use the same language and give jurisdiction in the same way that you do for the statewide grand jury division at the attorney general's office."
"Yeah." Gordon, C.: "I mean, it's the same… it's the same way. You're just… you're getting to the same result…"
"Sure." Gordon, C.: "…but making it more difficult to get there."
"I don’t disagree with you that we could run it through the Attorney General's Office. This discussion actually took place with them. They were unwilling to move forward with it and this is why we went this direction." Gordon, C.: "Okay. So… so, why are we making it more difficult to get…"
"I don't think we're…" Gordon, C.: "…to the same result?" 09600037.doc 81 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"I don't think we're making it more difficult. You have… an Attorney General has his focus on other things. We feel…" Gordon, C.: "I… I don't think that our Attorney General is focused on other things at all. In fact, I've… I mean, I've prosecuted cases through her Internet crime's division and went to class…"
"Yeah. Sure." Gordon, C.: "…to learn how to prosecute those cases. And so, I already did that. But, I mean…"
"Sure." Gordon, C.: "…you're already… I mean, just because, you know, Cook County and Lake County want to get together to be the big, bad guys who do it. It's… it can already run statewide in the same way that you have a statewide grand jury division who run, you know, bi-county or tri-county or… or more than one county drug cases and the statutes are already in place for them to do it and they set up a grand jury and they can take them to that grand jury no matter where it is. Whereas here, you would be taking it all over the state without having one grand jury in place to… or one or two or three, however… however many you decide to set up to… to prosecute these type of cases."
"Well…" Gordon, C.: "It just seems like we're… we're all trying to get to the same result, but we're making it more difficult to get there."
"Maybe we're… we're missing something here. This is a tactical unit. This isn't… this isn't any… anything 09600037.doc 82 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 other than that. This is a group of dedicated individuals that are going to be tracking gangs through the use of Internet." Gordon, C.: "I read the… I read the text…"
"Yeah. No, I…" Gordon, C.: "…of the Bill."
"…I understand." Gordon, C.: "…of the Bill. I haven't even just read the analysis, I read the text to the Bill."
"No, I…" Gordon, C.: "I got it."
"I… What you're saying, I don't dispute. The difference is, and I worked with the attorney…"
"Representative Gordon, your time has expired. I'm going to give another minute to conclude the conversation. Go ahead, Representative." Gordon, C: "Well, I would just… I would just ask that maybe, Representative Sullivan, if… if we could take this out of the record for a day or for 15 minutes, and maybe if we could talk for just for a few minutes about it, maybe I'm missing something. That's all."
"With the Speaker's indulgence, can we take it out of the record for about a half hour so I can go talk to the Representative and get some things cleared up?"
Speaker Lyons: "You want to take this out of the record, Representative?"
"Sure. Sure. If I can come…"
"Mr. Clerk…"
"…back to it." 09600037.doc 83 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"…at request of Representative Sullivan, take this Bill out of the record. The Chair recognizes the Gentleman from McDonough, on the point of personal privilege, Representative Rich Myers."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, on the Democrat… on the gallery above the Democrats, on that side of the aisle, are 18 students and 2 faculty advisors from Western Illinois University. The students are a member of a General Honors class 299 called Inside State Government. They're down here today to observe various aspects of State Government. Please, give them a warm welcome to Springfield today."
"Welcome, Western Illinois. We're proud to have you down here. Enjoy your stay. Representative… Representative Chapin Rose, for what purpose do you seek recognition, Representative?"
"Point of personal privilege."
"Please, proceed."
"Ladies and Gentlemen, today is University of Illinois day at the Capitol. There are a number of students from your districts visiting. Behind me, I have a number of students from my district who are University of Illinois's students and other members of faculty and staff, and we can welcome them to Springfield. We'd very much appreciate it. Go Illini."
"Welcome, Illini. Always glad to have you. Enjoy you day. Representative Al Riley, you have on page 34 of the Calendar, House Bill 1053. You ready to move the Bill, Representative? Read the Bill, Mr. Clerk." 09600037.doc 84 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"House… House Bill 1053, a Bill for an Act concerning appropriations. Third Reading of this House Bill."
"The Chair recognizes the Gentleman from Cook, Representative Al Riley."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1053 appropriates the sum of 8.2 million dollars to DHS for grants under The Parents Too Soon program and for grants and administrative… expenses related to the Healthy Families program, which are all for community-based visiting programs of parents of young high- risk children. You know, often times we're presented different initiatives and, you know, whereas, they're all very good. One of the things about this program is they've actually done a research on some of the positive aspects of early intervention programs and, you know, we just got a wealth of information from these groups when they came before my committee. The other thing that's very important, too, in terms of some of the early interventions aspects of this particular legislation. We have police chiefs, Richard Miller, the Chief of Police of Granite City came down. I also have a local policeman, Larry Burnson, who's a Chief of Police from Homewood with the Fight Crimes Invest in Kids program, and they wholeheartedly support it, this particular… these particular initiatives. And so, I really think this is a great program. It takes care of a lot of problems on the front end. We don't have to be dealing with them on… on the back end, and I will answer any questions you may have and encourage 'aye' votes." 09600037.doc 85 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Is there any discussion? Seeing none, the question is, 'Should House Bill 1053 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? Sara Feigenholtz. Don Moffitt. Mr. Clerk, take the record. On this Bill, there are 74 Members voting 'yes', 42 Members voting 'no', 1 Member voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. Representative Michael Tryon, on page 35 of the Calendar, you have House Bill 1322. Read the Bill, Mr. Clerk."
"House Bill 1322, a Bill for an Act concerning local government. Third Reading."
"The Gentleman from McHenry, Representative Mike Tryon."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. House Bill 1322 establishes a transportation match fund, that a local county can transfer money into a state fund so that we may take advantage of federally appropriated transportation dollars. And the concept behind this Bill is to allow counties the ability to enter into an intergovernmental agreement with IDOT so that some of these projects may proceed, even though we don't have a capital Bill in… in place to fund them. They'll be funded with local dollars with IDOT paying them back. This is still a work in progress. IDOT informs me this does not allow everything to be done that we would like to be done, so the Senate Sponsor has agreed to hold it, pending an 09600037.doc 86 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Amendment that we're going to receive from IDOT. So, I think this is good public policy. It will allow us the ability to engage dollars we haven't had the ability to engage on a federal level and get some of our projects done in absence of a capital Bill. I would answer any questions."
Speaker Lyons: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."
"Thank you. Will the Sponsor yield?"
"Waiting for your questions, Sir."
"Representative, is there… there's a guarantee then. This isn't final language on here. You're… this is going to come back after they have an opportunity to work with IDOT, because… does the federal match allow for this type of a fund to be set up and IDOT to be the recipient for specific federal dollars like this?"
"Well, the… the problem the Bill has right now, is… is the Federal Government won't release the… the appropriated dollars until 100 percent of the funding is in place. So, what needs to happen here is, we need to be able to come up with a way for the county to actually lend IDOT the money. Federal Government doesn't care whether they're local dollars or state dollars. In fact, we have a precedence in state law right now with what's called the intergovernmental transfer, where publicly-owned nursing homes throughout the state transfer money into a state account so we can get a Medicaid match from the Federal Government. So, this concept is something we used there as well." 09600037.doc 87 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Okay. Because the state then, would repay the counties the money when that's available, and basically, what they're doing here is lev… leveraging money that might be available at some local levels to get the match. It doesn't mean that the programs that are… are going to be paid for using federal dollars in this match will only go to these counties. It means that's where the revenue will come from to fund the front side of this and then, the money'll be paid back to those counties."
"That's correct."
"Okay. So, this doesn't divert the flow of any of the projects. This is kind of an attempt at a creative way to fund the match."
"Absolutely."
"All right. Well, I look forward to it coming back in some form so we can further discuss it. Thank you."
"Thank you."
Speaker Lyons: "Being no further discussion, Representative Tryon to close."
"I think we heard the reasons to… to vote for this. It's, I think, a good public policy that puts in place a tool for a county and IDOT to use in the event that there's no capital Bill. I would urge an 'aye' vote."
"The question is, 'Should House Bill 1322 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? We have six Members not voting. Representative Raymond Poe. Renee. Mr. Clerk, take the record. On this Bill, there are 117 09600037.doc 88 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Members voting 'yes', 0 voting 'no', 0 voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, let's get back to House Bill 3716, Mr. Sullivan. What the status of the Bill for the record?"
"House Bill 3716 has been read a third time."
"Representative Sullivan."
"Thank you, Mr. Speaker. We had a good discussion. I'm open for anymore questions should there be some."
"Is there any further discussion to House Bill 3716? Representative Osterman, I believe you were addressed already on this Bill?"
"I… I was just curious if Representative Sullivan wanted to share with the rest of us what the discussion entailed and how it affects this Bill and everyone's vote on the Bill."
"Certainly. The Representative from Grundy and I had a discussion in regard to, should these units, these officers from these units, go into a jurisdiction and do a take down. Would the… would the crime be adjudicated back in the county where the unit is located? Obviously, that is no. You would work with local officials. They would be part of the take down. The authorization for any… anything that went on, would… would be in that county. So, that was part of the process. The second part of the discussion with the Representative was, you know, why doesn’t the Attorney General do this? Well, they don't want to do it. And… and it's as simple as that. She is correct in what she was talking about in the debate. They could do this 09600037.doc 89 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 and… and there would be no need for this legislation. But they don't, and that's why I brought this forward. And I… and she has… I believe I satisfied her concerns."
"Representative Al Riley."
"Will the Sponsor yield?"
"The Sponsor yields."
"Representative, I did not read the… one of the Acts that was referenced in this Bill that deals with the definition of 'gang'. But let me ask you, would this cyber unit also be charged with organized crime or be tasked with finding organizations that, you know, are involved in hate crimes and things of that nature?"
"That… that certainly could be something that would take place. This is… the best way to describe this in what we're trying to accomplish, is… is when you hear of sexual predators on the Internet and you see a cop at the end of the… other end of the terminal and they're doing take downs that way. This is very similar. We're… the focus is gangs, no doubt about it. Should they come across something else like that, as law enforcement officials, I'm sure they would forward that on to the appropriate authorities. Really, this… this unit is going to be very similar in concept, to that."
"Thank you."
"No one seeking further… Representative Sullivan to close."
"Thank… thank you, Mr. Speaker. We've had a good debate on this. Hopefully, we've set aside everyone's concerns. I would appreciate an 'aye' vote." 09600037.doc 90 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"The question is, 'Should House Bill 3716 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 Brady. Mr. Clerk, take the record. On this Bill, there's 117 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative John Bradley, on page 39 of the Calendar, you have House Bill 3878. Read the Bill, Mr. Clerk. Mr. Bradley, I believe there's an Amendment. We'll take that Bill back…" Bradley, J.: "Oh…"
"…to the Order of Second Reading." Bradley, J.: "…gosh, yeah. Yeah, Okay."
"Mr. Clerk, status of the Bill."
"House Bill 3878. Floor Amendments #1 and #2 were adopted in committee. Floor Amendment #3, offered by Representative Bradley, has been approved for consideration."
"Representative Bradley, on Floor Amendment #3." Bradley, J.: "It's simply a technical change in language and definition suggested by the Illinois Hospital Association."
"Any questions regarding Amendment #3? The Gentleman moves for its adoption. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and Amendment #3 is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed." 09600037.doc 91 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Third Reading. Mr… Mr. Clerk, let's go back to Mr. Bradley's Bill, 3878. Read the Bill, Mr. Clerk."
"House Bill 3878, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"The Chair recognizes the Representative John Bradley." Bradley, J.: "This simply… this Bill simply requires that a hospital that's going to close has to notify the state 30 days prior to the closing. We had some situations where some facilities closed without warning to the communities and created health risks as a result of that. So, I ask for an 'aye' vote."
"Is there any discussion on House Bill 3878? Seeing none, the question is, 'Should House Bill 3878 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 117 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Bill Mitchell, on page 37… we'll get back to House Bill 3217. Wish to run that Bill today, Mr. Mitchell, or would you rather wait until tomorrow? Out of the record. Representative Michael Smith, on page 32 of the Calendar, your House Bill 666, Michael. Do you wish to run the Bill? Read the Bill, Mr. Clerk."
"House Bill 666, a Bill for an Act concerning local government. Third Reading of this House Bill." 09600037.doc 92 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"The Chair recognizes the Gentleman from Fulton, Representative Mike Smith."
"Thank you, Mr. Speaker, and Ladies and Gentlemen. Believe it or not, this Bill has to do with fire protection, very appropriately. This is an initiative of the Fire Service Association and of the Fire Caucus, and I want to thank my good friend and colleague, Representative Moffitt, for generously handing this over to me before I realized what the Bill number was. This is similar legislation that we… we passed out of this House last year. This would allow fire protection districts to increase the charge that they can place for services rendered by their district to a nonresident. The charge for such services shall not exceed $250 per hour, per vehicle, and $75 per hour, per firefighter. These fees have not been increased for some time, and this simply would allow fire protection districts and the taxpayers of those fire protection districts to recover the costs they incur with any accidents or any duties that they perform for nonresidents. I'd be happy to answer any questions."
Speaker Lyons: "The Chair recognizes the Gentleman from Randolph, Representative Danny Reitz."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"The Sponsor yields."
"Do you… do you articulate? Do you have all of the fees split out in here and to show exactly where they're going, Representative?" 09600037.doc 93 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Yes, Representative. As I stated, those fees, this… again, would allow the fire protection districts to adjust those fees."
"I appreciate it. I just want to double check and let you know, especially on this Bill, the devil's in the details."
"Thank you."
Speaker Lyons: "Anyone else seeking recognition? Representative Mike Smith to close."
"Thank you, Ladies and Gentlemen, don't be… don't be alarmed by the number of this Bill. It is a good legislation, a good Bill. Again, an initiative of the Illinois Fire Service Caucus. I would appreciate your 'aye' vote."
"The question is, 'Should House Bill 666 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 McCarthy. Fritchey. Brady. Mr. Clerk, take the record. On this Bill, there were 84 Members voting 'yes', 33 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 31 of the Calendar, Representative Art Turner has House Bill 574. Read the Bill, Mr. Clerk."
"House Bill 574, a Bill for an Act concerning education. Third Reading of this House Bill."
"The Chair recognizes the Gentleman from Cook, Deputy Majority Leader Art Turner." 09600037.doc 94 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I bring to you today House Bill 574, and the impetus of this Bill came from a constituent in my district who works as an attorney for the City of Chicago. And she spoke of the difficulties that she has as an individual trying to pay back the large amount of student loans that she accumulated over the years in terms of receiving her education. And she thought it was interesting concept, and it's not a new concept, the fact that if you're working in government or working in underserved areas, be it in the health arena or legal arena, that there ought to be some compensation or if there was something we could do to help our people in this vein. So, we bring to you House Bill 574, and basically what it does, is it allows an individual who works in the public sector to be able to underwrite, or write back, through the Illinois Student Assistance Commission, a percentage of their loan on an annual basis. It also requires that that person also give 30 hours of pro bono work in the community that he or she works in. There's a cap in terms of the amount of money that the attorney can be making. In this case, this lawyer that we're speaking of, there's an $80 thousand earnings cap, so if you're making more than that then they wouldn't qualify for this program. And I would be happy to try to answer any other questions that you may have regarding this Bill."
"Is there any discussion on House Bill 574? Seeing none, the question is, 'Should House Bill 574 pass? All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? 09600037.doc 95 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Have all voted who wish? Have all voted who wish? Representative Bellock. Mr. Clerk, take the record. On this Bill, there's 117 Members voting 'yes', 0 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, what's the status of House Bill 26?"
"House Bill 26, a Bill for an Act concerning gaming. Second Reading of this House Bill. No Amendments. All notes have been filed."
"Leave that on Second Reading, Mr. Turner? On a request of the Sponsor, we'll leave that Bill on the Order of Second Reading. Representative Eddie Acevedo, you have House Bill 165. Care to call that Bill? Out of the record. You also have House Bill 845 on the list of Third Readings, Mr. Acevedo. Do you care to… move House Bill 845? Take that Bill out of the record. Representative Annazette Collins, on page 34 of the Calendar, you have House Bill 1126. Annazette, do you wish to call the Bill? 1126. Want to call the Bill? Read the Bill, Mr. Clerk."
"House Bill 1126, a Bill for an Act concerning courts. Third Reading of this House Bill."
Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Annazette Collins."
"Thank you, Mr. Speaker. House Bill 1126 clarifies expungement of juvenile records. What we would like to do is, we would like to… for kids that have been merely arrested, they have never gone to trial, the case is going to be expunged, we want the case to be expunged by their seventeenth birthday. So, this means that if… lead up to 09600037.doc 96 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 your seventeenth birthday and you were arrested and so all the times that you were arrested and it never went any further than an arrest, then we want your case to be expunged. Now, the benefits… some of the benefits of this is, kids are trying to get jobs, they're trying to go to college, they're trying to join the military and they're trying… and they may even want to live in public housing. And if they're records are expunged at the mere fact that they were picked up by the police, but it never went any further, then we want to get those records expunged by their seventeenth birthday. And I ask for…"
"The Chair…"
"…an 'aye' vote."
"Annazette, your… are you finished? I'm sorry, Representative. Are you finished with your explanation? Okay, the Chair recognizes the Gentleman from DuPage, Representative Dennis Reboletti."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, I've had a conversation with the Cook County State's Attorney and… and they've had some objections. They were very concerned about the fact that there's an automatic provision. Why won't we be able to go case-by-case and have defense lawyers or public defenders file appropriate motions to expunge those cases instead of having an automatic provision?"
"Well, one of the reasons why they can't do that is because only 1 percent of the kids that were eligible for expungment, actually expunged their records. It's very 09600037.doc 97 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 costly. It's time consuming and a lot of kids we're talking about, these children just can't afford it, nor do they know the process. Now, the reason it's automatic, it'll trigger by their birthday… their seventeenth birthday, and these are merely arrests, these kids have never been convicted or adjudicated as a delinquent minor. So, the court system would look at it on their seventeenth birthday… by the seventeenth birthday, if nothing ever happens with that particular arrest, it will automatically be expunged. And it's like an automatic process, because these are not convictions, they're merely arrests."
"Well, I'm looking at… at some of their concerns and it says here that the Bill will prohibit the police from following the law statewide, because it deals with the finite number of station adjustments, and that one police department may not know what's happening in another police department on all arrest or station adjustments. Therefore, not knowing what has happened previously, and if the minor would be entitled to a station adjustment or to a different avenue besides incarceration. Do you think that this somehow impedes that ability for the police to follow the law?"
"No, because the records would stay at the police station. So, once the child reaches the age of 17, they max out of the juvenile system and they're going to go into an adult system. So, we're just asking that all of their juvenile records be expunged. And so, it wouldn't even happen before the kid reached 17. So that means everything after that, there… there would be adult records anyway. 09600037.doc 98 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 And so, up until that point, the police can see those records. They stay right there, so we're not asking them to do anything before the kid maxes out of the system at 17. So, at… at the age of 17, it'll trigger everything before that. After that, they're an adult now."
"Well, they're also con… concerned, Representative, with the section that deals with the Criminal Identification Act that would allow the police to furnish to ISP the fingerprints for minors arrested for felonies. And they're saying that since the police don't make the determinations and the prosecutors aren't sure who they're going to file on, the prosecutors wouldn't necessarily have an entire background of the minor; and therefore, not be sure of what they want to charge or should they reduce the charge or should they move forward at all. Does your Bill, do you think, impede upon that ability?"
"Absolutely not, Representative. This Bill deals with simply arrests. A lot of our children are picked up, especially… a lot of kids are picked up in a group. They're picked up and they're charged for crimes, and they're not charged. They're let go. So, they take them to the station, a lot of times in the suburbs, they do station adjustments, and those kids never go… they're out… let's just say a lot… you got a bunch a kids out at a party and the police came by and picked them all up, maybe they were being disorderly. They took them to the station. They were picked up. They were arrested, but they were never charged. Those kids are let go. So, we're just saying why should those records go forward? All we're 09600037.doc 99 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 saying… we not even… they're never been… have gone any further. They were simply arrested."
"And… and I appreciate that, but is there no way to expunge that right now? If this law didn't pass, could those records still be expunged?"
"Yes, they can do it now, but they have… like I said, only 1 percent of the kids actually do that because it's very expensive and very costly. And a lot of the kids in the city don't know that they can do that nor do they have access to lawyers and their parents are not aware how to do that. So, it… it should be something that's automatic because we're not talking about kids that were actually convicted, we're merely talking about kids who were picked up on an arrest and the case never went any further."
"Well, Represent…"
"Representative, your time has expired. If you can conclude your questions, we'd appreciate it."
"Representative, I appreciate the… the comments on that and… and appreciate the fact that not everybody can afford an attorney. I think this may be a little bit broad. And if it does pass, that maybe you would work on it with the Senate Sponsor. Do you have a Senate Sponsor yet?"
"I think we do."
"I… I just think that maybe there might be an opportunity to work on this Bill, but maybe make it not as broad in scope and maybe certain offenses, because I want to make sure that prosecutors still know that there has been some contact with the law to make sure that they're 09600037.doc 100 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 going to appropriately charge people that maybe need… need to be charged. So, thank you for your responses."
"Yes. Actually, Representative, they can because the kid is still in a juvenile court up until they're 17. The record is not going anywhere until after they reach that. So, they would have maxed out before… after that. So, we're talking about up until that point. So, anything that they do as a juvenile up until they're 17, the police can see, the State's Attorney can see, so they can find out all that information and decide whether they want to charge them on the next offense, if he was subsequently picked up after that. But this doesn’t prohibit them from doing that at all."
"Thank you."
"Representative Careen Gordon." Gordon, C.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"She awaits your questions, Representative." Gordon, C.: "Thank you. Representative Collins, does this include… as long as there's a station adjustment or a probation adjustment or anything that they're not charged with, whether it be a felony or a misdemeanor, it would be able to be expunged. Is that correct?"
"I'm sorry, Representative, can you repeat the question?" Gordon, C.: "Sure. So, if there was anything that there's a station adjustment for or a probation adjustment, anything that they're not actually charged with, even if it would be considered a felony or a misdemeanor, that would be able to be expunged?" 09600037.doc 101 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"If they were just arrested. They were not adjudicated. These are merely arrests and the case never went to the next step." Gordon, C.: "So, for example, so, you say some… sometimes the kids get picked up in the park just for being there, but what if, like, one of… if one of those kids for some reason, you know, threatened a police officer with a weapon, but he wasn't charged for whatever reason, and… and that can happen, that can happen, he… and he wasn't charged with that, he would… he would not be included in the system. That… that would be expunged from his record. Correct?"
"Right. Well, if a kid was picked up for something like that and they wasn't actually charged for that, then it's still is just an arrest. And because it was just an arrest and the kid was not adjudicated as a delinquent, then…" Gordon, C.: "Then it…"
"…yes, we want to have his case expunged because…" Gordon, C.: "Okay."
"…obviously, they didn't have enough information to arrest them. And now, the whole purpose of this is so that this will not go any further, and the kids are ready to apply for college, they're ready to apply for military…" Gordon, C.: "Well, no, I understand…"
"…or other things like that." Gordon, C.: "…the reason… I understand the reason behind it, definitely."
"Okay." 09600037.doc 102 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Gordon, C.: "So, any… any drugs that the kid might be carrying and they weren't arrested for that? Like, any… any… no adjudication for that? So, any… there would be an expungement for that if they were just picked up in that type of situation. That would also include that type of that. Is that correct?"
"Yes." Gordon, C.: "Okay. You realize, also, things like, you know, for example, of… someone is called to someone's house for, say, a domestic battery, because it gets out of control, but then they get there and the mother or the father or, you know, the brother or sister, they say, you know, well, I don't want them charged and, you know, maybe, you know, the person did truly cause some damage, you know, and… and they were truly violent…"
"Representative…" Gordon, C.: "…but… but, they weren't financially…"
"…you do realize we're only talking about juveniles, so I don't know that we would call…" Gordon, C.: "No. No, no, no, but I'm saying, it's still a Class A misdemeanor, so, but they weren't actually charged or adjudicated for that. But that would be, also, included in the expungement."
"Well, I don’t know that, you know, juveniles are… are they domestic. I mean, they're not married or anything like that. These are children." Gordon, C.: "No. But, it… it's still, because it's a brother or a sister or someone, some… a family member is what it's 09600037.doc 103 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 called. It's… it's just a family member is how it's defined within the domestic battery statute."
"Okay. So, I guess that might include that, but the point is, is that if they were picked up and the case never went any further, the kid was simply arrested for whatever reason, but the State's Attorney found that there was not probable cause to charge and… and take it to court or to trial, and for them to plead guilty or anything like that, they were merely arrested. And so, after 17, then they become an adult. So, we're just talking about… and the case would… you wouldn't even look at it… expunging any of this until the kid reached 17." Gordon, C.: "Okay. And how…"
"So, at the…" Gordon, C.: "…and… and is it the court system that is the one who's supposed to give them notice or is it up to the… the child who…"
"No. It's going to be automatic." Gordon, C.: "…the adult. It's up to them…"
"It's going to be triggered and that's the whole point because now they cannot… actually, when they get 17, they can go ahead and… and petition the court to do this, but they're not doing it. There's only 1 percent of the kids who do that. So, this would… it would trigger automatically by their birthday… by their seventeenth birthday." Gordon, C.: "So, it… it's up to the court system automatically to… when this happens, on their eighteenth birthday, they go through and they expunge all these cases?" 09600037.doc 104 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Yes." Gordon, C.: "So, the… the person who was picked up, but wasn't charged with anything, they automatically just get thrown… thrown out of the system."
"They automatically get thrown out of the system, but you got to remember, too, if this kid is going to continue to get in trouble, then he's going to get in trouble as an adult because now he's maxed out of the…"
"Ladies, your time has expired. We'll give you another minute, Careen. Representative… Annezette, if you want to finish answering that question." Gordon, C.: "No. No, thank you, Representative. I appreciate it. Thank you."
"All right. Thank you."
"Representative David Reis."
"Thank you, Representative… Mr. Speaker. Will the Sponsor yield?"
"The Lady awaits your questions."
"Representative, we had a quite a lengthy debate about this a couple of weeks ago. Have you considered at all making the Amendment… Is the Sponsor ready?"
Speaker Lyons: "Yes, Representative. Go… please, proceed. Ladies and Gentlemen, it is getting a little loud in here again. This is a very important Bill for Representative Collins and Representative Reis. If we could get the noise level down just a little bit, please. Ladies and Gentlemen, noise level, could we get it down?"
"Representative…"
"Thank you." 09600037.doc 105 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"…there's several people that have asked you to make some changes to this so that we could support your Bill. You've had time to amend the Bill. Why won't you go to something where, if they've had more than two arrests that that would not qualify them to have their record expunged so that they have a track record if… if they have two or three or four arrests, even though they weren't convicted, that after do they turn 17, they would still have that record for judges and prosecutors to use as a record. I understand one. I think everybody here understands one, but why can't we put some threshold into this so that if they do it repeatedly that they're not going to have their record expunged?"
"You know why, Representative? First of all, this is a juvenile record and we want to give our juveniles another chance. Now, because you live in a… you may not live in a city. So, let me tell you what happens on a typical day in a city. A bunch of kids are sitting outside, hanging out on the porch, talking. The police will come by and they'll grab all of them up and they'll take them to the police station. That's an arrest."
"And arrest them?"
"Yes. And it'll happen over and over and over again. Now, you live in this community. You can be arrested… let me tell you, I was down the street from where I… where I grew up at, living, on the next block, they called me down because the police was arresting the kids. One of the guys standing on the porch asked him to go to the store and he says to him, do you have your I.D. Now, mind you, he was standing there and the corner store was at the back of the 09600037.doc 106 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 chamber. He would not leave his house because he did not have his I.D. Reason… know how… why important that is to have an I.D. as a black man on the streets of the City of Chicago? You… even if you live in that community, our kids are afraid. This is a law-abiding citizen who never gets in trouble, but you live in that community, you're walking to the corner store to get a loaf of bread or whatever your mother sent you to the store to get, and if the police happen to come by and it's a bunch of kids standing on the corner, he'll arrest all of them right there and take them all down to the police station. So, you can get…"
"Representative, our law enforcement…"
"…multiple arrests…"
"…officials don't just haul people in. They have too many things…"
"Well…"
"…to do."
"…maybe they don’t do that it your community, Representative, but it most certainly happens on the west side of Chicago, in the City of Chicago. It is true. I know you all find this hard to believe, but we do just…"
"We're not the only ones…"
"…grab our kids and they arrest them. Now, I didn't say they charge them, but they do get arrested. They take them down to the station… and they… and they get an arrest. So, it's still is unfair that you don't have enough evidence to convict him or to make him a delinquent… a adjudicated as a delinquent. So, why would you not want to expunge that record? If this is a kid who's going to 09600037.doc 107 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 continue to get in trouble, you're going to see him in the adult system. After all, these are all juvenile arrest records and so, if the State's Attorney have not found enough evidence to… to try the kid, then you should expunge those records. Right now, you can petition the court. Even now, if you have 10 arrests, you can still petition the court, but the problem is it's time consuming, it's very expensive, and it's very costly to do that. So, why would you not just do it automatically by the time the kid reaches 17?"
"Okay. To the Bill. Folks, we've given this Sponsor more than enough time to try to put some threshold numbers in to this. We all understand once, maybe even twice, but if there is a repeated situation where juveniles are arrested, I think that the Cook County State's Attorney who has talked to us several times about their opposition to this, they want to see that track record where they've repeatedly been arrested, so that they can carry those sentences forward. The State Police is still in opposition to this. I think there is a lot of people in opposition to it, the other day when we had to pull the Bill from the record because of a time constraint. But we've given the Sponsor more than enough time to make this Bill palatable. Let's not hamstring the State's Attorneys Office that needs these records after they turn 18. I urge a 'no' vote."
"Representative Chapin Rose."
"Representative… I'm sorry, Mr. Speaker. Will the Sponsor yield?"
"The Lady awaits your questions, Chapin." 09600037.doc 108 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Thank you. Quick question, Representative, and… I think I'm okay with part of this. My question is, what, if is still and ongoing criminal investigation? And here's my… here's… bear with me. Here's my example: somebody gets arrested, it was a murder scene, for example. Somebody gets arrested, later… they're arrested and taken into custody. Later, they're let go at the police station, Parents come pick them up, whatever. Okay? Because they want… the police want to go back and investigate, continue the investigation. All right? That kid's sixteen and three quarters, I don't know, whatever… At some point in time, they're going to turn 17. I want to make sure we're not destroying records of an ongoing investigation. If it… if it's a case where the case is closed and there's no arrest, no problem. That… I'd… I would support that, but there's a lot of reasons why someone may have been let walk out the… the jail door. Maybe they want to follow them. Who are they talking to? You know. There's a lot of reasons why they may have let… been out the jail door. What happens in that case, 'cause I want to make sure we're not destroying the records of an ongoing criminal investigation?"
"The… Thank you, Representative. That's a very important question there, but the Bill… it also says that if you haven't gotten in trouble the year prior to your seventeenth birthday. So, if a kid was arrested, you have that… it's the sixteenth. So, it has that whole year to do the investigation…"
"But, if… but in murder…" 09600037.doc 109 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"…before he turns 17."
"…I mean, we… we've solved murder investigations 20 or 30 years after they were committed. I mean, murder investigations stay open forever."
"Well, if… if a kid was… was charged… if the kid was picked up as a juvenile and taken to the station and not charged, and he hasn't gotten in trouble within that next year before his seventeenth birthday, he would be eligible for expungement. So…"
"Right…"
"…the state… and, so, if the State's Attorney wanted to charge him, if they had enough evidence to charge him for murder, I think he would have charged him by then."
"Representative, that's what I'm saying. This isn't… There's a difference between a case closed. You pick somebody up, you arrest them, you find out a week later, okay, it wasn't really him, you charge somebody else. Case closed. Expungement, no problem. But… what about the circumstances where you don't know, and murder is the perfect example here, because often those investigations last years. Now, it's easy enough when you show up and the guy's got the smoking gun in his hand, but oftentimes it's not. Who's that… What's the one up in Chicagoland… right now, with the ex-cop?"
"Oh…"
"Yeah, that one."
"Burge."
"Yeah. Well, no, the… No, no, the other guy that…"
"Well, that's the one that comes…" 09600037.doc 110 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"…murdered his wife."
"…running into my mind."
"Well, the… the guy that murdered his wife. Peterson, Peterson. Thank you, Representative Sacia."
"Oh, Drew Peterson."
"Drew Peterson."
"But, he's not a juvenile."
"Right. Well…"
"He's not a juvenile. He's…"
"I under… my point is, it's a murder investigation…"
"But you know what…"
"…that's going on."
"…I'll tell you, I'll be willing to talk to the Senate Sponsor over there, so they can look at that narrow piece about… the narrow piece of legislation about ongoing murder investigations. So, that probably won't happen, but it's a possibility, so I will have…"
"Representative…"
"…the Senate Sponsor look at something like that."
"Well, I mean, I can't… you know, I'll just be honest with you. I'm not comfortable voting for this Bill because you have murder, rape… I mean, a lot of your more whole… high profile crimes take a while to solve and oftentimes, aren't solved within a year. And if you put in there a simple sentence that says, with exception that law enforcement may retain record in ongoing investigation, I'd be okay with this. It'd be a simple sentence, you know. And then, in the case of 98 percent…"
"Well…" 09600037.doc 111 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"…of what you're talking about, would be where the case closed or they are never charged, expunged."
"Right. And… and the…"
"But, in the small percentage of cases, which are the more… the bigger, more high profile cases, I… I wouldn't want someone… and this is basically… the fact that single year statute on limitations on homicide, the way it's written."
"First of all…"
"Representative Rose, your time has expired. I'll give you another minute to finish your conversation. Representative Collins."
"Just let her answer and I'll… I'll just listen."
"I was saying in… today, right now, today, when you're 17 you can petition the court to have your records expunged. That's the law. Today, you can do that. Now, what we're saying is, is that because only 1 percent of the kids actually do that, because they… it's such a long, tedious process and because it's a very expensive process to do, why wouldn't we do that automatically? Let me tell you that we've talked and negotiated with all of the State's Attorney and I have a letter here from John B. Roe, who's the Ogle County State's Attorneys, who says, if a child succeeds in making significant life changes that results in the matter… of the matter never being found in juvenile or adult court and subsequently, the child does not commit any further offenses, it should naturally follow that the original arrest is expunged from the child's arrest record. See, what happens if you don't expunge the 09600037.doc 112 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 record, the record goes to the State Police, then the State Police sends the records to the Federal Government. Now, in Illinois, we can send those records to the State's Attorney but… I mean, to the State Police, but the Federal Government doesn't… they don't honor that juvenile's records are sealed and that they can't… you… that you can't look at it. So, it goes on to the federal court. So, it goes on to the Federal Government and then they share with whoever or if a kid applies for a federal job or other jobs that this information is with the Federal Government. Now, if we expunge it at 17, then the kid… the record won't go to the State Police. The kid will have an opportunity to go to… to go to school. The kid will have an opportunity to go to the military, not have a record on his… not have a criminal record on his file."
"Representative Washington, for a question? The Lady yields."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
Speaker Lyons: "The Lady awaits your questions, Representative."
"Representative, in looking at the legislation, it seems to be a piece of legislation that targeted individuals who may come from background of lower income, no income, inferior education without proper funding, and maybe, mixed with a ounce of bad choices at a young age. And being that the offenses are minimum at best, when you compare it to some of the things that have shocked society, it's almost like a breeding ground for at-risk youth. Would you say that that's a fair assessment?" 09600037.doc 113 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Yes."
"Myself, being a father of seven, speaking to other fathers who may have been fortunate that none of the other ingredients I described, that their off-springs have to deal with which does not put them at an increased possibility for youth that are at-risk, and I'd like to point your attention to the proponents of the Bill. The proponents of the Bill are Juvenile Justice Reform. That word, justice reform, Loyola University School of Law, Civitas Child Law Help Center, the City of Chicago, ACLU, and others have said that this is an answer to a growing epidemic problem that a lot of municipalities and communities face. So, I'm appealing to whatever title we wear that we collaborate together, and that we protect America's young. They've already going to inherit trillions of dollars of debt and things that we took for granted they won't have in their favor, like it or not. I think this is a decent piece of legislation. It's honorable, it's fair, and it tries to attack a problem that's at the feet of the young. And if we don't give them and get them when they're young, I see us not doing all that we can do. So, I rise in support as well as a person who is actively involved on this legislation and I ask that our colleagues vote with their conscience in helping us prepare a better way for young people who are counting on this vote today. Thank you."
"Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. I rise in support of this legislation because I believe that children, just as young 09600037.doc 114 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 people or other people, have a second chance. Without the expungement, it really cuts off the future for these young people. They cannot get into college because they have an arrest record. They usually cannot get employment, so their future is hampered and stopped. This doesn't happen all over the State of Illinois, but it does happen to our youth in Chicago and maybe in Peoria. I think it's so unfair, it's so unfair not to realize what is happening to these young people who may have committed a small offense once or twice, but it follows them for the rest of their lives. Can you get into college? No. Can you get a job at the corner store? No. It just… it stops their growth as human beings. It stops their ability to compete. When you look at the number of young African-American males, especially in college, the numbers are abysmal. And do we all pay for that? You bet your bottom dollar we pay for it. We pay for it one way or the other. We pay for because people don't become self sufficient. We pay for it by people becoming incarcerated. We pay for it by not being safe ourselves and being victims of crime. What this small piece of legislation simply says, give the young people another chance. I don't know about you, but I serve a God of a second chance and hopefully, hopefully, you'll give these young people an opportunity for another chance. And as the Representative stated, if the crimes are severe, if the crimes continue, they see the prosecutor (sic- perpetrator) as an adult, not as a juvenile. I urge an 'aye' vote."
"Representative Collins to close." 09600037.doc 115 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Thank you. To answer the Representative question to my right, about the murder… he wanted to know about the murder cases. The State's Attorney still… let me tell you, it says, the Bill… this Bill maintains the exception found in Section 701… 705 of the Illinois Code which requires that the law enforcement officials transmit to the State Police, copies of fingerprints and descriptions of all minors who have been arrested and taken into custody before their seventeenth birthday for the offenses of unlawful use of a weapon, which is a Class X felony, or forcible felony as defined, Criminal Code, or a Class II greater felony. So, which is included, is a unlawful use of a weapon, Class X felonies, forcible felonies, which is treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnapping, kidnapping, aggravated battery. So… law enforcement… so, if a kid… so, if a kid was in trouble, was arrested for any of these crimes, any more serious crimes, those records would stay and the… if… so, if he would… if it was murder and, you know, you're investigating it 20 years from now, they would still have that information. But remember, today, the kid can petition the court once he reached his seventeenth birthday, for all arrests. And the whole point of the Juvenile Court Act was that we treat minors different that we treat our juveniles different and so that they can come back, pay their debt to society and then come and be responsible citizens. Because as we all know, that 09600037.doc 116 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 juveniles do not have the same mental capacity of an adult, and that's why we try to treat differently. So, remember, this Bill just simply makes it automatic. Something that they wouldn't have to spend a lot of money to do, which they can already do today, but now it's not going to cost them tons and tons of money, and they don't have to go individually and do it. So, I ask for an 'aye' vote. Thank you."
"The question is, Ladies and Gentlemen, 'Should House Bill 1126 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? Feigenholtz. Ryg. Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 41 Members voting 'yes', 66 Members voting 'no', 10 Members voting 'present'. This Bill, having failed to receive the Constitutional Majority, is hereby declared failed. Deputy Leader Art Turner in the Chair."
Speaker Turner: "We're going to do a few Seconds. Representative Cultra on the Order of Second Readings, we have House Bill 3881. Out of the record. Representative Ramey, we have House Bill 4211. Out of the record. Sacia, we have House Bill 4216. Read the Bill, Mr. Clerk."
"House Bill 4216, a Bill for an Act concerning appropriations. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
Speaker Turner: "Third Reading. Representative Winters on House Bill 793. Winters. Out of the record. 09600037.doc 117 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Representative Graham on House Bill 3964. Read the Bill, Mr. Clerk."
"House Bill 3964, a Bill for an Act concerning public employee benefits. The Bill has been read a second time, previously. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Phelps, we have House Bill 4252. Read the Bill, Mr. Clerk."
"House Bill 4252, a Bill for an Act concerning utilities. Second Reading of the House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Phelps, has been approved for consideration."
Speaker Turner: "Third Reading. Sorry… I'm sorry. Representative Phelps on Floor Amendment #1."
"Mr. Speaker, I think it's supposed to be House Bill 4251."
"No. This is 4252."
"No, I need to take this out of the record. There's a mistake. Sorry."
"Out of the record. Representative Thapedi on House Bill 1966. Read the Bill, Mr. Clerk."
"House Bill 1966, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. Floor Amendments 1 and 2 have been considered for consideration. Floor Amendment #1 is offered by Representative Thapedi."
"Representative Thapedi on Amendment #1." 09600037.doc 118 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Thank you, Mr. Speaker. Essentially, Amendment #1 clarifies the parameters of the safe zone, and I urge its adoption. Thank you."
Speaker Turner: "Seeing no questions… the Gentleman from Jasper, Representative Reis, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, what does your Amendment do? We need to get some clarification on what the Amendment does."
"It's a change in the zip code. I believe that there is a scrivener's error with respect to one zip code. One zip code is not going to be included in the safe zone. The other zip code is."
"So, what's the underlying Bill do?"
"The underlying Bill is the establishment of a safe zone in the inner city of Chicago."
"A safe zone?"
"Yes."
"Well, now, our understanding is that your original Bill was just a shell Bill and that's how it came out of committee."
"I apologize. Floor Amendment #1 is going to be withdrawn. Floor Amendment #2 will actually become the Bill. That's my intention."
"But the original Bill was a shell Bill."
"It was."
"But you're on Amendment #1." 09600037.doc 119 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"And as I said before, I misspoke. Floor Amendment #1 is going to be withdrawn. Floor Amendment #2, I'm going to ask for its adoption."
"Mr. Speaker."
"The Gentleman… Representative Thapedi wishes to withdraw Amendment #1. Further Amendments."
"Floor Amendment #2, offered by Representative Thapedi, has been approved for consideration."
"Representative Thapedi on Amendment #2."
"And… and I apologize to my colleague. Amendment #2 actually clarifies the parameters of the safe zone, and I urge its adoption."
Speaker Turner: "The Gentleman from Jasper, Representative Reis."
"Okay. Now, Representative, your original Bill, as it was filed, was a shell Bill, correct?"
"Yes."
"Okay. So, Amendment #2, you've… you've withdrawn Amendment #1, which gave the gut of the Bill… you've withdrawn that and now Amendment #2 says you're just changing a zip code. So, is that what your Bill… you want to do, is just change a zip code?"
"No, no. Essentially, what we did was… well, let me… essentially, what we did was… is that we created the legislation by way of using a shell Bill and then coming with the actual Amendatory language."
"But your amendatory language…"
"Let me finish. Let me finish."
"…you've pulled out." 09600037.doc 120 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Let me finish. I'm going to withdraw it."
"No. Hold on. Hold on. Just a minute. Representative, I believe you want to keep Amendment #1, 'cause Amendment #1 is the Bill, and then you want to adopt Amendment #2. Now… The Gentleman requests to take the Bill out of the record. Take the Bill out of the record and we'll come back to it. We would like to welcome some employees of State Farm Insurance that are here today. I see some in the gallery to the left. We want to welcome them to Springfield. I'm certain there's some more around here in the building today, but we want to welcome to Springfield. Let's give them a round of applause. The Gentleman from McLean, Representative Brady, for what reason do you rise?"
"Point of personal privilege, Mr. Speaker."
"State your point, Representative."
"Thank you very much. Speaking of State Farm Insurance which is in my district, the corporate headquarters, we'd like to welcome State Farm Insurance here today to Springfield, to the State Capitol. And in addition, on behalf of State Farm, invite all the Legislators to their reception this evening beginning at 5:30, at the Inn at 835, a reception on behalf of State Farm Insurance that we're all invited to. So, welcome to Springfield."
"Again, welcome, Roger and gang. Mr. Clerk, read House Bill 1966."
"House Bill 1966, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No… no Committee Amendments. Floor Amendment #1, offered by 09600037.doc 121 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Representative Thapedi, has been approved for consideration."
Speaker Turner: "The Gentleman from Cook, Representative Thapedi on Amendment #1."
"Thank you, Mr. Speaker. Mr. Speaker, I… I made an error by withdrawing Amendment #1. My intention was not to withdraw #1, but to adopt it or move for its adoption."
Speaker Turner: "The Gentleman from Jasper, Representative Reis, for what reason do you rise?"
"Okay. Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will."
"Okay. So, now you're back with Amendment #1, and are you planning to adopt Amendment #2, too?"
"I'd like to deal with Amendment #1 first, if I may, Representative."
"Go ahead and adopt…"
"The Gentleman moves for the adoption of Floor Amendment #1 to House Bill 1966. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair is the 'ayes' have it and Amendment #1 is adopted. Further Amendments?"
"Floor Amendment #2, offered by Representative Thapedi."
"Thapedi on Amendment #2."
"Thank you, Mr. Speaker. Amendment #2 clarifies the parameters of the safe zone that I was speaking of earlier, and I urge its adoption."
Speaker Turner: "The Gentleman from Jasper, Representative Reis, for what reason do you rise?" 09600037.doc 122 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Okay. So, we had a shell Bill that came out of Executive. Floor Amendment #1 is the guts of the Bill, so to speak, and then Floor Amendment #2 makes it zip code specific. Our analysis shows 60620 and adding 60609."
"No, I… I respectfully disagree with you, Representative. Amendment #1 actually established all of the zip codes. In Amendment #1 there was a scrivener's error. Amendment #2 resolves that scrivener's error with respect to the zip codes."
"So, with the two Amendments, which zip codes will be affected by your legislation?"
"Bear with me for one moment… 60637, 60636, 60629, 60621, and 60609, as well as 6061… 19. Strike that. 60637, 60636, 60629, 60621, 60609, and 60619."
"Back to Amendment #1, Representative, and thank you for clarifying that, but what is the purpose of your Amendment #1? You're creating a safe zone. What does that mean?"
"Representative, we're on Amendment #2."
"Okay. I understand we're trying to adopt Amendment, so let's go ahead and adopt Amendment #2 and then I'll have a question of the Chair."
"Seeing no further questions, the question is, 'Shall the House adopt Floor Amendment #2 to House Bill 1966?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair is the 'ayes' have it and Floor Amendment #2 is adopted. Further Amendments, Mr. Clerk?" 09600037.doc 123 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"No further Amendments but a fiscal note and a state mandates note have been requested on the Bill as amended and the notes have not been filed."
"The Bill shall remain on the Order of Second Reading. Representative Bassi, we have House Bill 3325. Bassi. Be careful. Read the Bill, Mr. Clerk."
"House Bill 3325, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been approved for consideration. A Floor Amendment has been referred to the Rules Committee. No Motions filed."
Speaker Turner: "Representative, you have an Amendment in Rules. Do you want to move the Bill to Third?"
"Yes."
"Third Reading. Representative Bellock, we have House Bill 277. Out of the record. Representative Fortner, we have House Bill 723. Read the Bill, Mr. Clerk."
"House Bill 723, a Bill for an Act concerning elections. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Fortner, has been approved for consideration."
"The Gentleman from Du Page, Representative Fortner."
"Thank you, Mr. Speaker, Members of the House. Floor Amendment #1 simply restricts the effects of this Bill to the general primary and general election, removes the municipal cycle from it." 09600037.doc 124 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Seeing no questions, the question is, 'Shall the House adopt Floor Amendment #1 to House Bill 723?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. Further Amendments?"
"No further Amendments. No Motions are filed."
"Third Reading. Representative Mulligan, on House Bill 2640. Read the Bill, Mr. Clerk."
"House Bill 2640, a Bill for an Act concerning appropriations. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Mulligan, has been approved for consideration."
"The Lady from Cook, Representative Mulligan."
"Thank you, Mr. Speaker. Floor Amendment #1 just defines the actual Department of Public Health around the state a little more… technically, so that it is meant to go just to those departments."
"No further questions. The question is, 'Shall the House adopt Floor Amendment #1 to House Bill 2640?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and the Floor Amendment is adopted. Further Amendments?"
"No further Amendments. No Motions are filed."
"Third Reading. Representative Pihos, House Bill 2508. Read the Bill, Mr. Clerk."
"House Bill 2508, a Bill for an Act concerning education. Second Reading of this House Bill. No 09600037.doc 125 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Ramey, we have House Bill 172. Read the Bill, Mr. Clerk."
"House Bill 172, a Bill for an Act concerning firearms."
Speaker Turner: "Out of the record. Out of the record. Representative Reboletti, we have House Bill 2644. Read the Bill, Mr. Clerk."
"House Bill 2644, a Bill for an Act concerning government. The Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Reboletti, has been approved for consideration."
"…from DuPage, Representative Reboletti."
"Mr. Speaker, on the Amendment. There was a… a term called 'police week', we didn't want that in the Bill originally but it was in there. We're just asking that that part be removed."
"Seeing no further questions, the question is, 'Shall the House pass… shall the House adopt Floor Amendment #1 to House Bill 2644?' 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 are filed."
"Third Reading. Representative Tryon, we have House Bill 170. Read the Bill, Mr. Clerk." 09600037.doc 126 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"House Bill 170, a Bill for an Act concerning regulation. The Bill's been read a second time, previously. No Committee Amendments. Floor Amendments #1 and #2 have been approved for consideration. Floor Amendment #1 is offered by Representative Tryon."
Speaker Turner: "The Gentleman from McHenry, Representative Tryon, on Floor Amendment #1."
"Thank you, Mr. Speaker. Floor Amendment #1 makes a change in the definition from 'waters of the state', to 'waters of the United States', and this is how is pursues to small discharges that require an MPDS permit."
"Representative Tryon moves for adoption of Floor Amendment #1 to House Bill 170. 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?"
"Floor Amendment #2, offered by Representative Tryon, has been approved for consideration."
"Representative Tryon on Amendment #2."
"Mr. Speaker, I just need to table Amendment #2."
"Table Amendment #2?"
"Correct."
"The Gentleman asks leave to table Amendment #2. Further Amendments, Mr. Clerk? The Gentleman wishes to withdraw Amendment #2 to House Bill 170. Further Amendments, Mr. Clerk?"
"No further Amendments. No Motions are filed."
"Third Reading. Representative Osmond, we have House Bill 678. Read the Bill, Mr. Clerk." 09600037.doc 127 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"House Bill 678, a Bill for an Act concerning animals. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Reis, we have House Bill 4245. Read the Bill, Mr. Clerk."
"House Bill 4245, 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 Reis, has been approved for consideration."
"Representative Reis on Amendment #2."
"Thank you, Mr. Speaker. Amendment #2 is some clean up language that was suggested by the Members of the committee. It transfers the oversight of the Renewable Fuels Commission from the Department of Ag to the Department of Commerce and Economic Opportunity, adds a general Ag group and provides a 2-year sunset date. I know of no opposition and move for its adoption."
"The Gentleman moves for the adoption of Floor Amendment #2 to House Bill 4245. 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 #2 is adopted. Further Amendments?"
"No further Amendments, but several notes have been requested on the Bill as amended and have not been filed.
Speaker Turner: "The Bill shall remain on Second Reading. Representative Coulson, we have House Bill 3767. Read the Bill, Mr. Clerk." 09600037.doc 128 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"House Bill 3767, a Bill for an Act concerning public health. The Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Coulson, has been approved for consideration."
"Representative Coulson on Amendment #1."
"Thank you, Mr. Chairman. House Amendment #1 on 3767, essentially calls for a focus on obesity. We will be having hearings and develop priorities for grants for education plans for obesity reduction and prevention. I'd appreciated having the Bill… the Amendment put on the Bill."
"Seeing no further questions, the question is, 'Shall the House adopt Floor Amendment #1 to House Bill 3767?' 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 are filed."
Speaker Turner: "Third Reading. Representative Collins. Representative D'Amico. House Bill 71. I'm sorry. Not… not yet. I'm sorry, wrong order. Representative Will Davis, on House Bill 266. Read the Bill, Mr. Clerk."
"House Bill 266, a Bill for an Act concerning safety. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed." 09600037.doc 129 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Third Reading. Representative Jehan Gordan on House Bill 3865. Out of the record. Representative Hernandez on House Bill 2386. Read the Bill, Mr. Clerk."
"House Bill 2386, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Hernandez, has been approved for consideration."
"Representative Hernandez on Amendment #1."
"Yes, thank you, Mr. Speaker. Essentially, the Amendment just changes the Bill to a pilot program strictly for my district area."
"Seeing no questions, the question is, 'Shall the House adopt Floor Amendment #1 to House Bill 2386?' 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 have been approved for consideration, but Floor Amendment #2 was filed and has been referred to the Rules Committee."
"The Sponsor wants to move the Bill to Third or do you want to… Third Reading. Representative Hoffman, we have House Bill 1204. Read the Bill, Mr. Clerk."
"House Bill 1204, a Bill for an Act concerning wildlife. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been approved for consideration, but Floor Amendment #1 has been filed and referred to the Rules Committee." 09600037.doc 130 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
Speaker Turner: "The Bill shall remain on Second Reading. Representative Holbrook on House Bill 75. Read the Bill, Mr. Clerk."
"House Bill 75, a Bill for an Act concerning revenue. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
Speaker Turner: "Third Reading. Representative Lyons. Representative May on House Bill 1042. Read the Bill, Mr. Clerk. Out of the record. Out of the record. Representative Mendoza, House Bill 152. Read the Bill, Mr. Clerk."
"House Bill 152, a Bill for an Act concerning insurance. The Bill's been read a second time, previously. Amendments 1 and 2 were adopted in committee. Floor Amendment #3, offered by Representative Mendoza, has been approved for consideration."
Speaker Turner: "Out of the record. No, I'm sorry. Representative Mendoza, on Amendment #3."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Amendment #3 clarifies that a doctor's 'do not substitute' indication on a prescription is for that particular drug only and no other drug. I think this helps that remove some of the opposition to the Bill. It makes the Bill much cleaner. It's a recommendation that I… I willingly accepted from Representative Mautino, and I would ask for approval of the Amendment."
"Representative Mendoza moves for the adoption of Floor Amendment #3 to House Bill 152. All those in favor should say 'aye'; all those opposed say 'no'. In the 09600037.doc 131 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 opinion of the Chair, the 'ayes' have and Floor Amendment #3 is adopted. Further Amendments, Mr. Clerk?"
"No further Amendments. Not Motions are filed."
"Third Reading. Mr. Clerk, could you read the Rules Report?"
Clerk Bolin: "Representative Currie, Chairperson for the Committee on Rules to which the following measures and/or Joint Action Motion, action taken on April 1, 2009, reported the same back with the following recommendation/s: 'direct floor consideration' for Amendment #3 to House Bill 35; Amendment #1 to House Bill 44; Amendment #2 to House Bill 524; Amendment #1 to House Bill 547; Amendment #4 to House Bill 683; Amendment #2 to House Bill 926; Amendment #1 to House Bill 935; Amendment #1 to House Bill 1042; Amendment #2 to House Bill 1098; Amendment #1 to House Bill 1204; Amendment #2 to House Bill 1793; Amendment #1 to House Bill 2291; Amendment #1 to House Bill 2474; Amendment #4 to House Bill 2475; Amendment #1 to House Bill 2484; Amendment #1 to House Bill 2540; Amendment #1 to House Bill 3729; Amendment #3 to House Bill 3844; Amendment #1 to House Bill 3970; Amendment #1 to House Bill 3977; Amendment #4 to House Bill 3987; Amendment #1 to House Bill 4047; Amendment #1 to House Bill 4055; Amendment #1 to House Bill 4212; and Amendment #4 to House Bill 4249."
"On the Order of Second Readings, we have House Bill 1204. Read the Bill, Mr. Clerk. Representative Hoffman." 09600037.doc 132 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"House Bill 1204, a Bill for an Act concerning revenue. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Hoffman, has been approved for consideration."
Speaker Turner: "The Gentleman from Madison, Representative Hoffman, on Amendment #1."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Amendment #1 simply insures that veterans who are disabled, 100 percent disabled in Illinois would be granted free deer permits, and this would be similar to what disabled veterans, who are 100 percent disabled in Illinois, get free hunting and fishing licenses, also. I ask that it be adopted."
"Representative Hoffman moves for the adoption of Floor Amendment #1 to House Bill 1204. All those in favor should vote 'aye'… should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and Amendment #1 is adopted. Further Amendments?"
"No Further Amendments? No Motions are filed."
"…Reading. Third Reading. Representative May on House Bill 1042. Read the Bill, Mr. Clerk."
"House Bill 1042, a Bill for an Act concerning local government. The Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative May, has been approved for consideration."
"The Lady from Lake, Representative May."
"Yes. I ask for the adoption of Amendment #1. It makes some technical changes of… among other things, dates that 09600037.doc 133 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 reflect the actual dates that these things were accomplished. So, that is tech…"
Speaker Turner: "No questions? Seeing no questions, the question is, 'Shall the House adopt Floor Amendment #1 to House Bill 1042?' All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and Floor Amendment #2 is adopted. Further Amendments? Amendment #1 was adopted. Further Amendments?"
"No further Amendments? No Motions are filed."
"Third Reading. Representative Miller, we have House Bill 264. Read the Bill, Mr. Clerk."
"House Bill 264, a Bill for an Act concerning urban development. The Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1 was adopted previously. Floor Amendment #2, offered by Representative Miller has been approved for consideration."
Speaker Turner: "The Gentleman from Cook, Representative Miller, on Amendment #2."
"Thank you, Mr… Thank you, Mr. Speaker. Floor Amendment #2 deals with the Illinois Housing Development Authority. It's similar language in other development authorities. I ask for a favorable adoption."
"Seeing no questions, the question is, 'Shall the House adopt Floor Amendment #2 to House Bill 264?' 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 are filed." 09600037.doc 134 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Third Reading. Representative Phelps on House Bill 4251. Read the Bill, Mr. Clerk."
"House Bill 4251, a Bill for an Act concerning utilities. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Phelps, has been approved for consideration."
Speaker Turner: "The Gentleman from White, Representative Phelps."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Amendment #2 is clean up language. It only applies to electric utilities and I ask for its adoption."
"Seeing no question, the question is, 'Shall the House adopt Floor Amendment #2 to House Bill 4251?' 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, Mr. Clerk?"
"No further Amendments. No Motions are filed."
"Third Reading. We're going to move to the order of Third Readings, and the first Bill we'll call will be Representative Bill Mitchell on House Bill 3217. Read the Bill, Mr. Clerk."
"House Bill 3217, a Bill for an Act concerning regulation. Third Reading of this House Bill."
Speaker Turner: "The Gentleman from Macon, Representative Mitchell." Mitchell, B.: "Thanks. Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3217, it would amend the Public Utilities Act to require that at least two 09600037.doc 135 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 commissioners on the ICC be from the Ameren service territory, and this would start with the next vacancy."
Speaker Turner: "The Gentleman from McHenry, Representative Franks, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"How are the members of the ICC chosen now, Mr. Mitchell?" Mitchell, B.: "They're appointed, of course, there's five. The only stipulation, I believe, that there can be no more than three of a certain political Party."
"So, you're worried more about geographical representation?" Mitchell, B.: "I'm sorry, there… at present, and it's a good question, Representative. At present, there are no… none of the five commissioners on the board are from the Ameren area, and when you have a… for instance, the staff recommendation, the last increase was lower than what the board passed, and then when a constituent comes and they pointed this out, this anomaly is that, there's no one on the commission that is even in the service area. So, out of the five members, I think, four are ComEd and the other one is City, Water, Light, and Power in Springfield."
"I understand what you're trying to do. My question is, do you think it would be better if ICC members were elected rather than appointed by the Governor?" Mitchell, B.: "I certainly would, and I know that Bill has been filed and I… I'm interested in hearing that debate." 09600037.doc 136 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"And that… that's my problem with it. I know what you're trying to do and we're trying to make it more equitable. I'm just concerned that if we do this, it sort of takes away the impetus to have an election of these individuals." Mitchell, B.: "I think it's apples and oranges. I don't agree with you there. I… I understand… I think the problem I have with the existing is that the folks that are passing on these rate increases to the people in 40 percent of the State of Illinois, don't even live there and to add insult to injury, they ask for… or they granted a greater increase than what their own staff people recommended."
"I agree with you and I understand what you're trying to do. Could we do this, though, if we had elections and had the same thing and required, you know, two be elected from the Ameren area…" Mitchell, B.: "Yeah, and I…"
"…two from the ComEd area?" Mitchell, B.: "And I've seen, and I don't recall the Sponsor, I don't know if it’s Representative…"
"I think it's Mr. Bradley." Mitchell, B.: "I don't know if it's Representative Bradley of not that… that he would break that down and… and I'll be interested in hearing that debate and I might support it. So, I don't think that two are mutually exclusive."
"Okay. And that was my only concern. I… I certainly… I'm going to support your bill…" Mitchell, B.: "Thank you." 09600037.doc 137 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"…but I'm also going to support his as well, and I appreciate what you're trying to do because it's… it is unfair now, and we've… we've got to be fair to everybody in this state. And I think this Bill goes a long way in doing that. So, I applaud you bringing it forward." Mitchell, B.: "Thank you, Representative."
"Seeing no further questions, the question is, 'Shall the House pass House Bill 3217?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Soto. Jakobsson. The Clerk shall take the record. On this question, 115 voting 'aye', 0 'noes', 1 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Second Readings, Representative Bellock, we have House Bill 277. Out of the record. And, Representative Black, we have House Bill 31… Out of the record. Representative D'Amico, we have House Bill 71 on the Order of Third Readings, on page 29 of the Calendar. Read the Bill, Mr. Clerk."
"House Bill 71, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"…from Cook, Representative D'Amico."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. What House Bill 71… this is an initiative of Secretary White that came out of his distracted driver's task force. What we would like to do is ban text messaging while driving on the roads. As you know, there's a lot distractions when we're on the road right now, and this is 09600037.doc 138 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 one of the things we'd like to ban because I think, according to our statistics, you are six times more likely to be involved in an accident while text messaging. I'll be free to answer any questions."
Speaker Turner: "The Gentleman… The Lady from Cook, Representative Soto, for what reason do you rise?"
"Yes, Speaker, thank you. I'd like to be recorded voting 'yes' on House Bill 3217. I had problems with my button. Thank you."
"The record will so reflect it."
"Thank you."
"The Gentleman from Cook, Representative Lang, for what reason do you rise?"
"Thank you. Will the Sponsor yield?"
"Indicates he will."
"Thank you. Representative, you and I have talked about this Bill several times…"
"Yes."
"…and I've agreed to support your Bill, but I have raised a couple of issues, particularly, about the issue of the law enforcement officer who's driving by your car and sees you looking at the phone, he or she cannot really tell if you're reading a text message or… or looking at caller I.D. or whatever you're doing. And so, you have an important Bill that should move along, but just confirm for us that you'll continue to look at this in the Senate to try and tighten up this language. We don't want people stopped who are actually following the law." 09600037.doc 139 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Absolutely. We want to try to tighten this up as much as we can, Representative. The one thing that we want to do here is raise awareness and let everybody know how dangerous it is to be texting while driving. As I've said before, the accident rate, you are six times more likely to be in an accident while text messaging, and while using your cell phone or text messaging, 120 people died per week across the nation because of that. And that's what we're trying to do. We just want to try to make the roads a little safer."
"Well, I thoroughly support your Bill. I just want to clean this area up and I know you will I the Senate. Thank you, Sir."
"Thank you."
Speaker Turner: "The Gentleman from Jackson, Representative Bost, for what reason do you rise? The Gentleman from Crawford, Representative Eddy, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, I… you and I talked a little bit yesterday about this and I… I would only make the similar request that as you move this, you take a look at a couple of things related to those folks who may have to travel in a school zone and I know you're… you're willing to… and already have in the case of an emergency…"
"Different Bill. This is text messaging."
"Okay, same… okay, in any situation. This doesn’t have anything to do with school zone…" 09600037.doc 140 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"No."
"…Bill? Okay. I'll… I'll catch you on that one later. I apologize, Representative."
"That's okay."
Speaker Turner: "The Gentleman from Morgan, Representative Watson, for what reason do you rise?"
"Thank you, Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, what… what is the effective date, should this pass?"
"I… I think it's going to be July 1.
"Do you…"
"I'm not… I'm not 100 percent sure yet, but I'll get that to you."
"I mean, and given the nature of… of how prevalent these devices are used now, do you anticipate any public awareness campaign being done so that the general public is… is not just taken by surprise should this pass?"
"Yes. We're going to be working with Secretary's White… White's office to get… to get the message out to everybody, whether it be on the television or on the radio or by mail."
"Thank you. And then, could you… and you've probably addressed it in committee and I'm just not aware, but it's a primary offense, so it's a stoppable offense?"
"Yes, but it's a petty offense."
"So, from an enforcement perspective…"
"They… they can pull you over for it, yes."
"But do you anticipate problems with that?" 09600037.doc 141 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"No. State… State Police, F.O.P., everybody was in full support."
"All right. Thank you, Representative."
"Also, there's no effective date stated in the… in the measure."
"Which means…?"
"Which winds up, probably being July 1."
"Thank you."
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, just a quick question and I'm sure it covered elsewhere in the code. You talk about a person operating a motor vehicle on a roadway. If you are in a running… if you're parked in a vehicle that has the engine running, and I'm thinking of the situation, a parent going to… picking up a child from school, and they're parked and actually she texting the child in the school. What's the… what's the status of that? Are you operating a vehicle? If you're… if you're parked, but the motor is running, is that defined somewhere?"
"Yeah, it's…"
"It's not in this Bill. Is it defined somewhere else? I've never thought about that issue before."
"It… it says it right… right in the Amendment, if you're pulled over on a shoulder or parked, you are able to text."
"Right you are. Thank you." 09600037.doc 142 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
Speaker Turner: "The Gentleman from Cook… I mean, the Gentleman from McHenry, Representative Franks, for what reason do you rise?"
"Thank you, Mr. Speak… Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, I'm reading the… the analysis and… and it seems that this Bill will now allow for a new primary stop by law enforcement for someone they believe may be texting while driving. Is that correct?"
"That's correct."
"How can you tell, if you're a police officer, whether you're dialing your phone or whether you're texting?"
"Well, you know what, that… that will… that's one of the drawbacks that I've been working with Representative Lang on, but what… what they're looking for is somebody that's actively engaging in text messaging. I mean, you're not going to constantly keep dialing and dialing and dialing unless you're texting."
"Well, I mean, I've seen short text messages with… which have less characters than it takes for me to dial internationally."
"You're… you're right. You're right and I understand that that… that is something that we're trying to tighten up. We're working with law enforcement. We're working with Jesse White. The big thing that we want to do here is, we're looking for people that are driving down the road, and you know it and I know it, as we've been driving down, even down I55 on our way down, you can see people in 09600037.doc 143 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 their cars text messaging while they're driving. Their eyes are not on the road. They're… they're not dialing a number. You can tell they're actively engaged in a message."
"Well, here… what I'm concerned about is giving the police officers another chance for a primary stop when there's many things you could be doing simultaneously. You know, dialing is one of them which wouldn't be given reason to… to pull somebody over. Have we considered having this as an enhanced penalty in case there is an accident? For this reason, I… I once drove down with another Representative; while he was driving us down, he was shaving. Okay. I've been with people when they've been in the car, they've been reading the newspaper. I've been with people when they're driving the vehicle, they're opening their mail. All those things would be distracted driving; none of them are being addressed here. I think the real issue is the question of distracted driving, not so much the individual act of texting, because I can be distracted driving, and I've been guilty of it while I'm on the phone."
"Right."
"Which all of us have…"
"Right."
"Okay. So, wouldn't it… would it make more sense to have a enhanced penalty for someone who would get into an accident for doing anything that would be distracted instead of trying to focus on one of the distractions. Because if you have one of the distractions, what about if 09600037.doc 144 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 someone is putting on makeup while they're driving? You know, what happens if someone is fumbling with their DVD and they drop it and then they got to reach down and get it? You know, or their CD or their… you know, they have their sandwich from the fast food place and they, you know, and they drop their… they drop all the food in their lap and, you know, go off the road. I mean, those are all things that can lead to distractions. And I think if we just single out one, we're not going to get to where we need to be, because we do want to make our roadways safer, but I don't think a primary stop for this type of action would get us there. I do think, however, that if you had enhanced penalties for people who were driving while distracted, we could get there. Would you consider taking this out and making it an Amendment? I know… I'm… or… or shelling it or something and sending it over to the Senate? Would that be something you would consider?"
"This was something that was brought up when we had a task force meet over the summer throughout the state and the State Police, Secretary White does not want to do this. And when you talk about other distractions, we've had other Bills up that listed all those that things you just talked about and we couldn’t get it passed. You can't ban everything. You can’t ban… I mean, you gotta…"
"I don't want to ban… I'm not saying to ban the things. I'm saying… because that's the problem, if you start banning one, you got to ban them all? I'm saying, why don’t we have an increase penalty because someone is doing 09600037.doc 145 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 something that distracts them from keeping both hands on the wheel and watching what's going on…"
"It could…"
"…because there's so many things people can do while…"
"It could be something…"
"…they're driving."
"…that we work on on another Bill. But I… I can tell you right now, the State Police, Secretary White do not want to do that right now. They want to tackle this measure right here, text messaging only."
"Okay, then I'm… To the Bill. And I appreciate that and I respect Secretary White very much. I don’t know who the new Director of the State Police is right now, so I'm not sure…"
"I don't either."
"…who the Director is there. But as a result of that, I… I don't think this is good public policy. I'm concerned about giving police another reason to pull people over for a primary stop, which at best is ambiguous, when it comes to text messaging. So, I would encourage a 'no' vote at this time and… and let's go back to the drawing board and work on something that would be, I think, more easily enforceable and one that would really give more deterrent effect to those drivers who may be driving while distracted. So, I'm going to vote 'no' and encourage everyone else to as well."
"The Lady from Cook, Representative Currie, for what reason do you rise?" 09600037.doc 146 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Thank you. Just to make an announcement that Representative Careen Gordon should be excused for the rest of the day."
Speaker Turner: "The Gentleman from Lake, Representative Mathias, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"I know… I know you said before that this was… that the penalty is a petty offense, I believe you said."
"Yes."
"But as far as your driving record, is this considered a moving violation?"
"It is not."
"'Cause our analysis here says that it is a moving violation and then… and I think that is important to know whether or not it is."
"Moving violation without… it cannot apply towards the suspension of your license."
"So, do you mean you don't get points then? Or how… if it's a moving violation, it goes on your record? If you get three movers, obviously, you… your license is suspended."
"It cannot apply towards a suspension."
"So, if you ordered a… a record from the Secretary of State, would that appear on it?"
"Could you repeat that, please?"
"If you ordered your driving record, your abstract from the Secretary of State, would this violation appear on 09600037.doc 147 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 it? In other words, is it going to be reported by the clerks of the court to the… to the Secretary of State?"
"It's… it's a petty offense. It's not a moving viola… it's not a mover like you're saying, because like I said, you cannot lose your license due to this."
"Is that in your Bill?"
"Yes."
"Could you… I'm sorry, I… could you tell me where? I've got the Bill text here, but I don't see that, but I could have missed it."
"I… I got it right here, Sid… Representative, and…"
"Yes."
"…I'll …I'll bring it… I'll have someone bring it over to you."
"I mean, according to this, it says a violation of this section is an offense against traffic regulations governing the movement of vehicles."
"I'm… I'm having someone bring it over to you right now. It… it'll show you that it does not result in a suspension."
"Okay, but can you show me where that's in the text of the Bill? This is just a fact sheet, but it says here moving violation in and of itself would not result in a suspension, but if you had three of them, it would. Or if you have two speeders and this, you would."
"The way I understand the legislation, you could not lose your license due to suspension, due to this."
"I don't… I'm, you know, like I say, I… I'm just looking at the text and I'm looking at the Amendments also, 09600037.doc 148 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 just in case it was amended, but I do not see that in either the… the original Bill nor any of the Amendments. In fact, isn't a… what is it, a third offense becomes a misdemeanor and actually could have jail time? Is that correct? Would you mind, I hate to ask this, to maybe pull this out of the record so our staffs could concur and… and see what the actual affect of this violation would be, just for a few minutes?"
"Yeah, just for a few minutes. I'll get you the answer on this. Thank you."
"Thank you very much."
"The Gentleman requests leave to take the Bill out of the record. Mr. Clerk, what's the status of House Bill 35? Representative Tryon."
"House Bill 35 is on the Order of House Bills- Third Reading."
"The Gentleman asks to bring the Bill back to Second for purposes of an Amendment. Leave is granted. Read the Bill, Mr. Clerk."
"House Bill 35, the Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #2 has been adopted. Floor Amendment #3, offered by Representative Tryon, has been approved for consideration."
Speaker Turner: "The Gentleman from McHenry, Representative Tryon."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. This just simply makes an Amendment to our legislation that passed out of the House last year, 09600037.doc 149 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 unanimously, on creating a transparency porthole. What this is it simply states that areas where confidentiality is already stated someplace other than in the statute, that confidentiality will be honored in the transparency porthole."
"Moves for the adoption of Floor Amendment #3 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 is adopted. Further Amendments?"
"No Further Amendments. No Motions are filed."
"Third Reading. Representative Arroyo, we have House Bill 44, 44, 44, 44. Out of the record. Representative DeLuca, we have House Bill 524. Call it… Read the Bill, Mr. Clerk."
"House Bill 524, a Bill for an Act concerning criminal law. The Bill's been read a second time, previously. 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. It's a technical Amendment. I move adoption."
"Representative Lang moves for the adoption of Floor Amendment #2 to House Bill 524. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair is the 'ayes' have it and Amendment #2 is adopted. Further Amendments?" 09600037.doc 150 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"No further Amendments. No Motions are filed."
"Third Reading. Representative Pihos, we have House Bill 547. Read the Bill, Mr. Clerk."
"House Bill 547, a Bill for an Act concerning State Government. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Pihos, has been approved for consideration."
"The Lady from Du Page, Representative Pihos."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. This is a Bill that passed out of here unanimously last year, but some concerns were brought forward to us by the Chicago Housing Authority. So, we made some technical changes so that they would still be able to do their work without any interference when we continue to advocate to remove Social Security numbers from local and State Government documents, but everybody else is on board and in support of this Bill."
Speaker Turner: "The Lady moves for the adoption of Floor Amendment #1 to House Bill 547. 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 are filed."
"Third Reading. Representative Will Burns, we have House Bill 683. Read the Bill, Mr. Clerk."
"House Bill 683, a Bill for an Act concerning State Government. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #4, 09600037.doc 151 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 offered by Representative Burns, has been approved for consideration."
"The Gentleman from Cook, Representative Burns on Amendment #4."
"Thank you… thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #4 clarifies some of our intent with the portal Bill. I look forward to debating the Bill on Third Reading. I move for its adoption."
"The Gentleman moves for the adoption of Floor Amendment #4 to House Bill 683. All those in favor 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 are filed."
"Third Reading. Representative Burke, we have House Bill 926. Read the Bill, Mr. Clerk."
"House Bill 926, a Bill for an Act concerning local government. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments have been approved for consideration, but Floor Amendment #2 has been referred to the Rules Committee. No Motions are filed."
"The Gentleman from Cook, Representative Burke. I'm sorry. Third Reading. There's an Amendment here. Amendment #2, Representative Nekritz."
"House Bill 926, a Bill for an Act concerning local government. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, 09600037.doc 152 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 offered by Representative Nekritz, has been approved for consideration."
"We're going to have to bring the Bill back to Second, with leave of the Sponsor, to adopt the Amendment. Representative Nekritz, now on Amendment #2. Representative Nekritz moves that we adopt Floor Amendment #2 to House Bill 926. There seeing no questions, the question is, 'Shall the House adopt Amendment #2 to 926?' 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 #2 is adopted. Further Amendments?"
"No further Amendments. No Motions are filed."
"Third Reading. Representative Mendoza, we have House Bill 935. Out of the record. Representative May, 1042. Read the Bill, Mr. Clerk. The Lady asks leave to bring the Bill back from Third to Second. Leave is granted and now, read the Bill, Mr. Clerk. "
"House Bill 1042, a Bill for an Act concerning local government. The Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative May, has been approved for consideration."
"The Lady from Cook, Representative… No. The Lady from Lake, Representative May."
"Mr. Speaker, we adopted that Amendment just a few minutes ago."
"Take the Bill out of the record. Take the Bill out of the record. Representative Hoffman, on House Bill 1204. Read the Bill, Mr… Okay. Representative 09600037.doc 153 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Thapedi, we have House Bill 1793. Read the Bill, Mr. Clerk. Read the Bill, Mr. Clerk."
"House Bill 1793, a Bill for an Act concerning liquor. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Thapedi, has been approved for consideration."
"Representative Thapedi on Amendment #1."
"Thank you, Mr. Speaker. Floor Amendment #1 memorializes an agreement between the liquor industry and myself. It's an agreed matter. I urge for its adoption."
"The Gentleman moves for the adoption of Floor Amendment #1 to House Bill 1793. 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?"
"Floor Amendment #2, offered by Representative Thapedi."
Speaker Turner: "The Gentleman from Cook, Representative Thapedi, on Amendment #2."
"Thank you, Mr. Speaker. After negotiations, we finally came up with a final agreement. Floor #2 was the final memorialization of that and I urge for its adoption."
"The Gentleman moves for the adoption of Floor Amendment #2 to House Bill 1793. 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 are filed." 09600037.doc 154 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
Speaker Turner: "Third Reading. Representative Eddy, the Gentleman from Crawford."
"Speaker, on that last Bill, I think the Gentleman adopted Amendment 1 and 2, but 2 became the Bill. That's…"
"That's correct."
"So, if… so, does Amendment 1 need to be adopted if #2 becomes the Bill?"
Speaker Turner: "He's got 1 and 2 on the Bill now, Representative. I am not familiar with the wording on #1, but does it… does #2 delete everything after the clause and start over?"
"Yeah, I… I think that's exactly what it does, so Amendment #1 doesn’t become necessary, because #2 becomes the Bill, and I think if the status… if we had checked the status of the Bill, I think we got two Amendments of it instead of just 2."
Speaker Turner: "Representative Thapedi, the Gentleman from Cook on…"
"For the sake of clarity, Amendment #2 does in fact become the Bill."
"So, that's fine."
"So, has he dropped Amendment 1?"
"We adopt 2 and it deletes everything after the clause, then 2 becomes the actual wordage on the Bill."
"Okay."
"So, it's not, you know…"
"Okay. So, 1 will automatically be dropped…"
"That's correct."
"…because 2 became the Bill, even though it was adopted?" 09600037.doc 155 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"That's correct."
"Okay. Thank you."
"Representative Miller, on House Bill 29… 2291. Read the Bill, Mr. Clerk."
"House Bill 2291, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Miller, has been approved for consideration."
"Out of the record. Representative Connie Howard on House Bill 2474. Read the Bill, Mr. Clerk."
"House Bill 2474, a Bill for an Act concerning employment. The Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Howard, has been approved for consideration."
Speaker Turner: "Representative Howard, on Amendment #1. Representative Howard moves for the adoption of Floor Amendment #1 to House Bill 2474. All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and Amendment #1 is adopted. Further Amendments?"
"No further Amendments. No Motions are filed."
"Third Reading. Representative Howard, we have House Bill 2475. Read the Bill, Mr. Clerk. Out of the record. Representative May, we have House Bill 2484. Read the Bill, Mr. Clerk."
"House Bill 2484, a Bill for an Act concerning education. Second Reading of this House Bill. No 09600037.doc 156 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Committee Amendments. Floor Amendment #1, offered by Representative May, has been approved for considered."
"The Lady from Lake, Representative May."
"Yes, Floor Amendment #1 clarifies some of the things that were brought up in committee. Instead of just limiting it to residence halls, it does all buildings, and it includes some other points that universities wanted."
"Moves for the adoption of Floor Amendment #1 to House Bill 2484. All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and Amendment #1 is adopted. Further Amendments?"
"No further Amendments. No Motions are filed."
"Third Reading. Representative Mathias, we have House Bill 3729. Read the Bill, Mr. Clerk."
"House Bill 3729, a Bill for an Act concerning local government. The Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Mathias has been approved for consideration."
Speaker Turner: "The Gentleman from Lake, Representative Mathias."
"Yes. Thank you, Mr. Speaker. As I promised in the committee hearing, I would, with the help of all of the parties to this Bill, I would enact a Bill… come back with an Amendment that is agreed… that would remove all opposition. This Amendment does remove all known opposition to the Bill." 09600037.doc 157 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Representative Mathias moves for the adoption of Floor Amendment #1 to House Bill 3729. 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 are filed."
"Third Reading. Representative Lang, we have House Bill 3844. Read the Bill, Mr. Clerk."
"House Bill 3844, a Bill for an Act concerning State Government. The Bill's been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2 has been adopted. Floor Amendment #3, offered by Representative Lang, has been approved for consideration."
"The Gentleman from Cook, Representative Lang, on Amendment #3."
"Thank you, Mr. Speaker. This is an agreed Amendment between the department and AFSCME. I would move adoption."
"Move for the adoption, Floor Amendment #3 to House Bill 3844. All those in favor say… 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 are filed."
"Third Reading. Representative Walker, we have House Bill 3970. Read the Bill, Mr. Clerk."
"House Bill 3970, a Bill for an Act concerning State Government. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by 09600037.doc 158 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Representative Walker, has been approved for consideration."
Speaker Turner: "The Gentleman from Cook, Representative Walker."
"Thank you, Mr. Speaker. This Amendment simply makes the Bill subject to appropriation as committed to the committee."
"Gentleman moves for the adoption of Floor Amendment #1 to House Bill 3970. 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 is adopted. Further Amendments?"
"No further Amendments. No Motions are filed."
"Third Reading. Representative Miller, we have House Bill 2291. Read the Bill, Mr. Clerk."
"House Bill 2291, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Miller, has been approved for consideration."
Speaker Turner: "The Gentleman from Cook, Representative Miller."
"Thank you, Mr. Speaker. House Amendment #1 requires a… a fitness assessment to be listed on school report cards. I ask for its favorable adoption."
"The Gentleman moves for the adoption of Floor Amendment #1 to House Bill 2291. All those in favor should say 'aye'; those opposed say 'no'. In the opinion of the 09600037.doc 159 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Chair, the 'ayes' have it and Amendment #1 is adopted. Further Amendments?"
"No further Amendments. No Motions are filed."
"Third Reading. Representative Zalewski on House Bill 3977. Read the Bill, Mr. Clerk."
"House Bill 3977, a Bill for an Act concerning business. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Zalewski, has been approved for consideration."
Speaker Turner: "The Gentleman from Cook, Representative Zalewski…"
"Thank you, Mr. Speaker. House Amendment #1 to House Bill 3977 is a… is a gut and replace Bill that basically replaces the language of the original Bill and it also adds some language that was agreed upon between the Bar Association and the Attorney General's Office."
"Representative Zalewski moves for the adoption of Floor Amendment #1 to House Bill 3977. All those is 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 are filed."
"Third Reading. Representative McAuliffe, we have House Bill 2540. Read the Bill, Mr. Clerk."
"House Bill 2540, a Bill for an Act concerning public employee benefits. The Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative McAuliffe, has been approved for consideration." 09600037.doc 160 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Representative McAuliffe on Amendment #1."
"Thank you, Mr. Speaker. This Amendment would drastically take down the… the amount of money of costs in this pension Bill, and I ask for its adoption."
"…no further questions, the question is, 'Shall the House adopt Floor Amendment #1 to House Bill 2540?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and Amendment #1 is adopted. Further Amendments?"
"No further Amendments. No Motions are filed."
"The Lady from Cook, Representative Hamos on House… Third Reading. I'm sorry. Representative Hamos on House Bill 3987. Read the Bill, Mr. Clerk."
"House Bill 3987, a Bill for an Act concerning energy efficiency. The Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1 has been adopted to the Bill. Floor Amendments 2, 3, and 4 have been approved for consideration. Floor… Floor Amendment #2, offered by Representative Hamos."
"Representative Hamos on Amendment #2. The Lady from Cook, Representative Hamos."
"Thank you. Thank you, Speaker, Ladies and Gentlemen. Floor Amendment #2 is the Homeowner's Solar Rights Act, which is now an Amendment as part of this Bill, and I have to tell you that's… that Floor Amendment 5 is going to reduce this just to solar energy that's part of condominiums. We worked this out with the realtors. They are supportive of this. This was actually the exact same 09600037.doc 161 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 version of the Bill that was attached last year. So, we're going along with the same idea."
Speaker Turner: "The Gentleman from Morgan, Representative Watson, for reason… what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicate she will."
"Representative, what's the status of Amendment #5?"
"Well, floor… House Amendment #5 is not yet out of Rules. So, we're going to keep this on Second."
"Oh, okay."
"But, I'm expecting that before we call it…"
"Great. Thank you."
"…this… Yeah."
"Seeing no further questions, the question is, 'Shall the House adopt House Amendment #2 to House Bill 3987?' 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?"
"Floor Amendment #3, offered by Representative Hamos."
Speaker Turner: "The Lady from Cook, Representative Hamos. Representative Hamos moves that Floor Amendment #3 be adopted to House Bill 3987. 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, Mr. Clerk?"
"Floor Amendment #4, offered by Representative Hamos." 09600037.doc 162 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"The Lady from Cook, Representative Hamos, on Amendment #4. Representative Hamos moves that the House adopts Floor Amendment number… Floor Amendment #4 to House Amendment… to House Bill 3987. All those in favor should say 'aye'; all those opposed say 'no'. In the opin… all those in favor should say 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and the Amendment's adopted. Further Amendments?"
"No further Amendments have been approved for consideration. No Motions filed."
"And the Lady asks leave to keep the Bill on Second Reading. The Bill should remain on Second Reading. Representative Schmitz, on House Bill 4047. Read the Bill, Mr. Clerk."
"House Bill 4047, a Bill for an Act concerning health. The Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #1, and offered by Representative Schmitz, has been approved for consideration."
"…from Kane, Representative Schmitz on Floor Amendment #1."
"Thank you, Mr. Speaker. Floor Amendment #1 is a language that we told the committee we're going to work on. We got agreed language between the State Medical Society, the Hospital Association, and the Aids Foundation and I'd be happy to answer any questions."
"Represent… Representative Schmitz moves for the adoption of Floor Amendment #1 to House Bill 4047. All those in favor should say 'aye'; all those opposed say 09600037.doc 163 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 'no'. In the opinion of the Chair, the 'ayes' have it and Floor Amendment #1 is adopted. Further Amendments?"
"No further Amendments. No Motions are filed."
"Third Reading. Representative Feigenholtz, on House Bill 4055. Sara. Read the Bill, Mr. Clerk."
"House Bill 4055, a Bill for an Act concerning civil law. Second Reading of this House Bill. No Committee… no Committee Amendments. Floor Amendment #1, offered by Representative Feigenholtz, has been approved for consideration."
Speaker Turner: "The Lady from Cook, Representative Feigenholtz."
"Thank you, Mr. Speaker. Floor Amendment #1 was offered so that this Bill was agreed by the Chicago Bar Association."
Speaker Turner: "Representative Feigenholtz moves for the adoption of Floor Amendment #1 to… All those in favor should 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 are filed."
"Third Reading. Representative Tryon, House Bill 4212. Read the Bill, Mr. Clerk."
"House Bill 4212, a Bill for an Act concerning military and veterans' courts. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Tryon, has been approved for consideration." 09600037.doc 164 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
Speaker Turner: "The Gentleman from McHenry, Representative Tryon, on Amendment #1."
"Amendment #1 will take and gut and replace this Bill, and instead of creating a veterans' court, it will create a task force for work over the summer to draft the parameters of a veterans' court."
"No further questions, the question is, 'Shall the House adopt Floor Amendment #1 to House Bill 4212?' All those in favor should 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 are filed."
"Third Reading. Representative Pihos on House Bill 4249. Read the Bill, Mr. Clerk."
"House Bill 4249, the Bill is on the Order of House Bills-Third Reading."
"The Lady asks leave to bring the Bill back to Second. Leave is granted. Read the Bill, Mr. Clerk."
"House Bill 4249, a Bill for an Act concerning safety. The Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #2 has been adopted. Floor Amendments 3 and 4 have also been approved for consideration. Floor Amendment #3 is offered by Representative Pihos."
"The Lady from DuPage, Representative Pihos, on Amendment #3."
"Thank you, Mr. Speaker. Floor Amendment #3 substitutes provisions to authorize the use of household waste drop-off 09600037.doc 165 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 points, and it also makes participation as a waste drop-off point optional."
"Representative Pihos moves for the adoption of Floor Amendment #3 to House Bill 4249. 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 #3 is adopted. Further Amendments?"
"Floor Amendment #4, offered by Representative Pihos."
"The Lady from DuPage, Representative Pihos."
"Floor Amendment #4 clearly states that controlled substances are not allowed to be dropped off at waste drop- off points, and it clarifies the intent of the underlying Bill, which is consistent with federal limitations."
Speaker Turner: "The Lady moves for the adoption of Floor Amendment #4 to House Bill 4249. All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and Amendment #4 is adopted. Further Amendments? Mr. Clerk, further Amendments?"
"No further Amendments. We have a Motion to Table Floor Amendment #2. Motion filed by Representative Pihos."
"Representative Pihos asks leave to table Floor Amendment #2 to House Bill 4249. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and Amendment #2 is tabled. Further Amendments, Mr. Clerk?"
"No further Amendments. No further Motions."
"Third Reading. Representative Jehan Gordon, we have House Bill 3865. Read the Bill, Mr. Clerk." 09600037.doc 166 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"House Bill 3865, a Bill for an Act concerning aging. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Out of the record. On the Order of Third Reading is House Bill 71, Representative D'Amico. Read the Bill, Mr. Clerk."
"House Bill 71, a Bill for an Act concerning transportation. Third Reading of this House Bill."
Speaker Turner: "The Gentleman from Cook, Representative D'Amico."
"Thank you, Mr. Speaker. In regards to the question by Representative Mathias, it is a moving violation. So, if you did get stopped three times doing that, your… your license would be suspended."
"The Lady from Brown, Representative Tracy, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Speaker… will the Sponsor yield?"
"Indicates he will."
"Representative D'Amico, I wanted to visit what the penalty provisions of this statute… or Bill would have. I'm trying to pull my system up. Just a moment. I… I wanted to go through what the… the penalty provisions were."
"I… I cannot hear your question."
"I wanted to go through what the penalty provisions were."
"Okay. What… what would you like to know?" 09600037.doc 167 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"First offense and second offense are petty offenses. Correct?"
"It's… it's all… it's a petty offense every time you got stopped for it."
"Right, but my analysis points out that if you were stopped on a third offense within a year of the second offense, that it was a Class C misdemeanor, which allowed up to 30 days in jail and up to a $15 hundred fine. What… what my… has just been pointed out to me is that your Bill provides that a violation of this section is an offense against traffic reg… regulations governing the movement of vehicles. To get to what the penalty provisions are, you have to refer to 625 ILCS 516-104, and that relates to the penalties, where the first and second are petty offenses. Did you mean for this Bill, if you have a third violation, to have as a consequence, a 30-day jail sentence?"
"That… that would only be if it's your third offense, that that… that would happen."
"Well, that is true, but as we know, people do get three traffic offenses and it looks to me that if the second offense occurred, say January 1, and then December 30, you are picked up again for texting, that you could be sentenced to 30 days in jail."
"And, that's… and that's like anything else right now, if you got three moving violations within that time frame, as well."
"Right. I just… I wanted to… to hear and… I mean, I wanted to go through this, and if everybody understood that a third offense of texting, no accident involved, that just 09600037.doc 168 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 texting could end up with the… the violator being sentenced to 30 days in jail."
"Well, and… and the thing that we got to keep in mind here, across the country, and I said this before, there's 120 deaths per week due to cell phone and texting. Now, we got to just ask ourselves, do we want to make the roads safer or not? Texting is a distraction. It's a huge distraction and it's something that we need to stop while we're driving. That's a… if you need to text, pull over to the shoulder and text your message, and then be on your way."
"Right. And in my area, on the… that also could be a distraction for driving, to do a pull over on a two-lane road where there aren't properly maintained shoulders so that you can pull over. You just… I just want the Body to recognize that they could go to jail for three times texting, and I… I just… I… certainly, I want the roads to be safer, but as we have discussed this General Assembly about what distractive driving should do. I just don't know that creating all these piecemeal violations that actually go to the bigger problem of the distac… distracted driver. I… I just… I prefer that we would look at a different way to address these problems, but thank you very much and… and to the Bill. I… I just wanted to bring up the penalty provision so that the Body was aware that this offense could carry jail time for an offender. Thank you."
Speaker Turner: "The Gentleman from Lake, Representative Mathias, for what reason do you rise?" 09600037.doc 169 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Thank you. Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Hello again."
"I… I addressed your comments, but you weren't in your seat, just so you know."
"I'm sorry. I was out speaking to a constituent, but again, just so I make sure I… I get it right. I… I think the question I had asked earlier was whether or not this would be a moving violation, which would count towards a possible suspension of your license."
"The answer is yes."
"Okay. And I know when it comes to seatbelt violations, which obviously, are very important. We've done this for a number of years, about having to wear seatbelts. My understanding that specifically states in the statute that it's a petty offense. It shows the fine and it… it, I believe, specifically says that it's not a moving violation. At least it doesn't add the language that makes it a moving violation. So, I… I mean just to me, if a seatbelt is only a petty offense, no matter how many times you do it, there's no increased penalty. It's not go… doesn't go on your record, and because this is the type of offense that you might, you know, a police officer actually is probably… it's easier for him to… to see if somebody has their seatbelt on, than whether or not he's texting. Would you consider not making this a moving violation?" 09600037.doc 170 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"The… the difference when you're comparing a seatbelt, you put a seatbelt on, you're protecting yourself. When you're text messaging, you're taking the lives of others in your own hands."
"Well, that… that's true, but again, it's still…"
"…give you another minute."
"…it's still… I'm sorry, still a serious, obviously, an accident when you're not wearing a seatbelt… or… or if you don’t require people in your car to wear seatbelt, you know, certainly can… can… is very dangerous, but… you know, I guess that's the main thing that I… I see. Can you read a newspaper and… and is that covered in this Bill? Or can you read your mail?"
"This is just text messaging. Nothing else."
"So, so long as your… the newspaper isn't on your text, it's okay to read it?"
"I… it has nothing to do with reading the newspaper. If you want to tackle that, you go right ahead."
"And you do agree now, the way we talked about the question I asked you earlier, that since it is a moving violation, goes on your record, if you have two other violations during the year and then get convicted of this violation, you will lose your… you will have your license suspended. Is that correct?"
"Yes. If… and you know what, and there's a reason why the State Police, the FOP, all of the Illinois Chiefs' of Police support this, and that's, once again, because they want to make the roads safer. In the City of Chicago, they banned cell phone use altogether. We… and… and we banned 09600037.doc 171 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 cell phones for teenagers for 19 years age… 19 and under. And, you know what, because of that legislation right there… I mean, teen fatalities along with the graduated driver's license, has dropped 47 percent. So, I think this is going to be… help… help bring them fatalities down as well."
"And… and I'm not objecting to…"
"Representative…"
"…the Bill. I'm just objecting…"
"Representative Mathias…"
"…really, to the…"
"…your time is up."
"…penalty."
"Your time is up."
"So, thank you for answering my questions."
"Thank you."
"The Gentleman from…"
"Thanks for your support."
"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. The world could come to an end tomorrow, but I doubt that it will. Somebody may go to jail because they text while driving, run over and kill somebody, but I don’t know if they will. I've never heard more baloney about a Bill in my life. This is more baloney than Oscar Mayer can slice in the next 30 days. This Bill came out of a task force that this Body unanimously approved on a House Resolution. Secretary of State Jesse 09600037.doc 172 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 White convened this task force. Law enforcement officers, sheriff, state's attorneys, trial, bar, you name it. They sat on this task force, public meetings, no opposition. Look at your analysis. Everybody in the world is for this Bill. Nobody's in opposition except some Legislators who have discovered the Vehicle Code. You can run a red light three times in one year and you're going to go to jail. You can go the wrong way on a one-way street three times in one year and you're going to go to jail. Let me tell you where this Bill came from. In my neighboring County of Champaign County, a young man by the name of Matt Wilhelm was struck and killed while riding a bicycle 25 feet off the road, and the young lady runs over him because she's downloading ringtones. Tell that to the Wilhelm family, that what is… what's the problem? I mean, anybody can download a ringtone. You don't want somebody go to jail that downloaded a ringtone, do you? Oh, she killed somebody. Well, the only thing in the current Vehicle Code that that driver could be charged with was improper lane usage. Improper lane usage for a lack of responsibility that took someone's life. Go talk to his parents. Tell them why you can't vote for this Bill. They'd love to talk to you. For three and a half years I've tried to get a reckless homicide Bill caused by this very thing, someone's complete and total irresponsibility to their fellow human beings. When you drive a car, drive it. If you want to text message, pull over. If you can't live without your damned BlackBerry while you're in the car, put it away. How many people have to die? A hundred and twenty a week, 09600037.doc 173 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 because it's more important to get on our BlackBerry, to talk on our cell phone, to use a laptop computer, that's a documented violation of how somebody killed somebody. All I'm telling you is Representative D'Amico is trying to bring the Vehicle Code in some reasonable position with modern technology. The Vehicle Code when it was written, we didn't have all this material. If you think that somebody should drive a car and download ringtones on a cell phone to the point where they drive more than 20 feet off the road, run over and kill a bicyclist, and be charged with improper lane usage, then vote against the Bill. If you think like I do and Representative D'Amico does and Secretary of State White does and every law enforcement entity in the State of Illinois does, then let's start bringing the Vehicle Code into the modern, electronic distraction world. I don't care whether you use your BlackBerry. Just don't use it while you're driving a car. I know that each and everyone of us in here, for as many miles as we drive, we've almost been hit by one of these idiots. Just yesterday in Springfield, a guy made a left turn on a red light, missed me by about two inches, fiddling around on his cell phone. I honked my horn. He gave me a greeting. I gave him the same… soon as I did that. But in all seriousness, Ladies and Gentlemen, this is a problem. It is a growing problem and it is killing people every week. And it's all we're trying to do… we can't get the reckless or negligent homicide Bill past all the law groups. We're worked on it three years. We'll continue to work on it. Representative D'Amico has done 09600037.doc 174 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 good work on this Bill. It's a start. With legal procedures, it's easy to check what you were doing on that electronic device, and you will have due process. We can't get in the car and grab it, but through legal means we can do that. All we're asking people to do, is when they drive a car, pay attention to what you're doing. Drive responsibly and then, maybe no one like Matt Wilhelm will have to pay with his life for somebody who thinks it's more important to fool with an electronic device than pay attention to driving a car. You ought to vote 'yes' for this."
Speaker Turner: "The Gentleman from Cook, Representative Durkin, for what reason do you rise?"
"Will the Sponsor yield?"
"Indicates he will."
"Representative D'Amico, can you explain to me the exemptions you have in the Bill?"
"The… the exemptions… a police officer, while doing his or her official duties, a driver who is communicating during an emergency, and a driver who is using a voice- activated device."
"Okay. I want to just talk about the one about the emergency situation. The way it reads is that a driver using an electronic communication device for the sole purpose of reporting an emergency situation in continued communication with emergency personnel during the emergency situation. I have four daughters. I know that if they get in an accident or if they're in some type of… they're worried and they're… they're in a car, the first thing 09600037.doc 175 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 they're going to do is call me or my wife. The way this reads is that, I, as a parent, that exemption doesn't apply. So, when they call me up and there is an emergency, they would technically in violation of the law, and I'd be the one who would be…"
"No."
"…calling… John, that's the way it reads."
"Well, would they be texting you or calling you? We're not banning cell phones."
"Texting. I'm sorry, texting me."
"Well, I mean, would… wouldn't they call you instead of text you a message, because you might not get a text message?"
"Well, the way…"
"I mean…"
"…it read I read it…"
"…if it… if it was an emergency…"
"Well, I'm not sure. You know, kids communicate in a lot of different ways these days. But the fact is, there's not an exemption in here for them communicating with me as a parent, that I have a problem, could you please call… and that is a child's response. It's the first response is going to be to call the parents. So, the way it's written, it has to be an emergency personnel. It has to be the one who receives that communication, then the exemption kicks. I'm not an emergency personnel individual under the Bill."
"Well, and I… I think dealing with that, too, I mean, if it was an emergency situation and they text you a message instead of calling it, I mean, when you would… when 09600037.doc 176 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 you would go to court, I think you would be able to prove that in court."
"That's not the way it… it reads, John, and I…"
"If… if you…"
"…I've… I've tried these cases…"
"…had an emergency situation, you could go… I mean, when you go and argue that in court, you could prove that there was an emergency and the judge would be in favor of you."
"Not under the… they would look at the statute and they say that there are exemptions for emergencies and the situation, the scenario that I have given you, the court would not be able to accept it. I… I feel reasonably confident in that, John. I've tried cases. I've… I've tried many cases, traffic cases, felony cases, a number of them, and this is specific… very specific about the exemptions that are available for someone who violates this law, and that would not be something that is covered. So, I… I think that that would be a difficult argument. A court would not entertain that argument."
"Currently, though, under law today, if your… your son or daughter is under 19 years of age, they can't be using a cell phone, period, while operating a car."
"But, the other… well, all right."
"So, that's already in law. So, that… that answers your question."
"So, the communication that we're talking about, so when they're off on the side of the road and there… there's 09600037.doc 177 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 some type of peril that they will be technically in violation of the law anyway, correct? So, no matter…"
"No. No. If they're off to the side of the road, the vehicle is in park, they're fine."
"Not true. The Illinois law about operating a vehicle, and I'll equate how we prosecute cases for DUI, your car does not have to be moving. Some people made that distinction earlier. The case law as established that you… you're in operation of automobile even if the car is parked, the keys are not in the ignition, just as long as you have the keys within your control, you will be charged and you will be held to be violate. You'll be driving and operating an automobile, John. I know that, John. I know it…"
"That… that applies to a DUI. It does not apply to cell phone use."
"John, it's operation of an automobile. The courts are going to look at how the, under the Vehicle Code, how… control of the automobile is to be defined. So, when you're off to the side of the road, you will technically be operating an automobile, even though it is not moving. That is…"
"So…"
"…that's the… that's one of the problems that I've had always when we put these restrictions and we say that when someone's operating an automobile, they can't do this and that. But operating an automobile vehicle does not mean that the wheels are turning and that you're actually moving in the car." 09600037.doc 178 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"So, then if… if you are… if you are right with that argument, Representative, the teenager can't use a cell phone, period, while they're in the car."
"Well, I… I'm not going to… I think that they should be able to use a cell phone in limited purs…"
"That's another Bill, though, we already passed that Bill."
"We're talking about texting, correct?"
"Right."
"And you text with…"
"But…"
"You can text with a phone, correct?"
"That… that Bill that I am talking about, banned the use of cell phones, period, so they couldn't text."
"Well, they're going to… kids are going to have one anyway and I just see a situation where they are going to be in… in an unfortunate situation where they are looking for parental guidance or help, and you're well-intentioned with your Bill, John, I just…"
"Bring your remarks to a close."
"The way that the law has evolved over the years by the courts, the Appellate Court and Supreme Court, I… I just see that we're… it's overly restrictive and also, I just, this scenario where as a parent, which is going to be the child's first instinct is to try to communicate with the parent, would not be an exemption of the law, does give me some concern. So…"
Speaker Turner: "The Lady from Champaign, Representative Jakobsson, for what reason do you rise?" 09600037.doc 179 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Thank you, Mr. Speaker. To the Bill."
"To the Bill."
"I support this Bill. I have met the parents of the young man that Representative Black was referring to several times. And you know, of course, they're… they're bereaving their son's death, but they also have been trying very hard then, to educate our community, the people in our state, about the use of cell phones and while… while someone is driving. I've talked to many of my constituents in Urbana and Champaign and they are certainly in favor of this kind of legislation. I think it's really important that we take this step and pass this. I urge an 'aye' vote."
"The Gentleman from St. Clair, Representative Holbrook, for what reason do you rise? Representative Holbrook."
"Thank you, Mr. Speaker. To this Bill. You know, one of the saddest days of my life was when I was at a funeral about three months ago. A mother took me by my arm, her son had died in a car wreck. She pointed to his girlfriend sitting across in a pew at the funeral home, and she said she's very distraught, because she was texting her boyfriend, this… this mother's son, and in the middle of the text it ended, and what she found out was, he went off the road, rolled over and was killed instantly. He went almost 150 feet off the road and hit a utility pole. She looked at me and she says, 'why don't we tell these kids that it's illegal to text?' Now, this young man was about 20 years old. So, the phone… he had a right to use a cell 09600037.doc 180 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 phone in the car. He was over that age. But he said, why don't we tell our kids in school that they can't text and drive. Why isn't that the law just like the cell phone, or why they can't put their friends in the car with them when they're younger? This should be the law of the land. You know, many states don't even allow us to use cell phones. They have to be hands-free. This is a… a good Bill. It gets to the heart of the problem that's a growing problem. This is becoming an epidemic. You heard Representative Black mention the close call he had. You see this every day and you look and people are looking down at their cell phones or their communication devices, texting. This needs to be the law of the land. I don't want to go to another funeral and have a mother, a brother, a father, a sister, a grandmother, or a child look at me and tell about one of their loved ones has died because they thought they could get away with texting a message. Will this stop it all? No, but it should be the law in Illinois and it will be the law in Illinois. Thank you."
"Seeing no further questions, the question is, 'Shall the House pass House Bill 71?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Clerk shall take the record. There are 89 voting 'aye', 27 voting 'no', 0 'presents. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Second Readings, we have House Bill 1098, Representative McCarthy. Read the Bill, Mr. Clerk." 09600037.doc 181 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"House Bill 1098 has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative McCarthy, has been approved for consideration."
"Third Reading. Now, there's an Amendment #2. Representative McCarthy on Amendment #2."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #2 allows that state employees on the TRIP insurance plan from TRS, who are non-Medicare, over 65 and rel… residents of Illinois will receive a 10 percent discount in next year's premium. These are the only members of TRIP that are actually paying the… the higher premium. Every member of TRIP that falls in the same category over 65, non-Medicare, that lives outside the state, pays half of what the inside the state people do. We've been negotiating this. I believe we have everyone on board with this now, and it's also important to add no member outside the state, I've gotten a lot letters from members outside the state who think this is going to be a raise to them. There will be no raise to them other than the, up to the 5 percent…"
"Representative."
"…maximum in the law we passed the other day. So…"
"Representative…"
"…I would ask for the Amendment to be adopted."
"Representative McCarthy moves for the adoption of Floor Amendment #2 to House Bill 1098. All those in favor should say 'aye'; all those opposed say 'no'. In the 09600037.doc 182 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 opinion of the Chair, the 'ayes' have it and the Amendment is adopted. Further Amendments?"
"No further Amendments. No Motions filed."
Speaker Turner: "Third Reading. The Gentleman from Cook, Representative Dunkin, for what reason do you rise?"
"Thank you, Mr. Speaker, Members of the House. I just asks my colleagues to pause and give us a wonderful, warm, Springfield welcome to the medical students from the University of Illinois at Chicago, who came all the way down here on their own to lobby us, and to encourage us to provide funding for their capital… capital program. The center right there in the white, welcome to Springfield."
"Welcome to Springfield, med students from the U of I, who needs a new facility. Representative Mendoza, we have House Bill 935. Read the Bill, Mr. Clerk."
"House Bill 935, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Floor Amendment #1, offered by Representative Mendoza, has been approved for consideration."
"The Lady from Cook, Representative Mendoza on Amendment #1."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #1 simply cleans up the language by removing a sentence that was… just like an overwrite, I mean, technical change, at best."
"Seeing no questions, the question is, 'Shall the House adopt Floor Amendment #1 to House Bill 935?' All those in favor should say 'aye'; all those opposed say 09600037.doc 183 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 'no'. In the opinion of the Chair, the 'ayes' have it and Amendment #1 is adopted. Further Amendments?"
"No further Amendments. No Motions filed."
Speaker Turner: "Third Reading. On the Order of Second Readings, we have House Bill 793. Read the Bill, Mr. Clerk."
"House Bill 793, a Bill for an Act concerning government, has been read a second time, previously. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Arroyo, we have House Bill 12. Read the Bill, Mr. Clerk."
"House Bill 12, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
Speaker Turner: "The Gentleman from Cook, Representative Arroyo."
"Thank you, Mr. Speaker, Members of the House. House Bill 12 prohibits multiple sales of handguns and… and to an individual within 30-day period. It also closes loopholes regulating transfers, not just sales of handguns. This Bill is only one part of three efforts to reduce handguns and violent crimes. I want to see anti-gun programs expanded in schools and the streets, but a significant percentage of handguns used in violent crimes have been part of multiple sales. This would reduce the possibility of straw man purchase. This Bill does not stop le… legal firearms dealers or legal firearm collectors. This Bill is not about rifles or shotguns. Handguns are used in over 75 percent of firearms… firearms homicides. These violent 09600037.doc 184 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 crimes are not just a big city problem. This is helping… this is happening in Rockford, Peoria, Danville, and Mt. Vernon, right here in Springfield. I feel strongly about stopping this violence. This is a statewide problem. The people of Illinois are looking to the General Assembly to do something about it. I need your support in passing this Bill. I'm happy to answer any questions."
Speaker Turner: "The Gentleman from Jackson, Representative Bost, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield? Representative, how many… how many handguns are traded per month between people in Chicago, legally today?"
"Oh, I'm not sure."
"I can tell you, none, because you can't own. You know, you've already got the laws right there in Chicago that say this. So, basically, once again, this is an attack on people in my area that legally, if… and I'm going to tell you that it is not uncommon for somebody that… to trade guns in our area twice, three times, once every couple of weeks, whatever. Not that they're trying to do anything illegal, because maybe they're collectors or… or they just enjoy the use of handguns in target practice. They use them for, once again in my area, they'll use it for deer hunting, varmint hunting. The list can go on and on and… you know what, it's late in the day. I'm not going to go into a lot of this. Each of you know this issue and know these issues that come on a regular basis. It… it's just frustrating to watch it come up. Once again, you got somebody from the city that's carrying a Bill that going to 09600037.doc 185 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 make statewide, something illegal that's already illegal in the city. You know, quit. Leave my people alone. Leave my people alone. They are not criminals. Don't make them criminals. They believe in their own… in own guns, whether it's for hunting, whether it's for target practice. Of all things, whether it's to protect their life and property in their own communities where law enforcement can't reach them in three to five minutes. You already have this. Keep it where it's at, in your city. Leave us alone."
"The Lady from Cook, Representative Graham, for what reason do you rise?"
"Thank you, Mr. Speaker. To the Bill."
"…Bill."
"I think the Gentleman has brought the Bill because he's trying to protect constituents who have this issue for a concern. One gun a month is not too much to ask. You, currently, can buy 100 guns at one time. What is… this gun (sic-Bill) allows for one gun a month and there's 12 months to a year. Twelve guns is enough for one year. We have distorted the message so many… on so many different occasions. We've made every piece of gun legislation that has come forth, a Chicago issue, but this is a statewide issue that we have with gun issues. It is, in fact, the statewide issue, shootings that took place at the university was not in the City of Chicago and other issues that take place. Debate the Bill on the merit of the Bill and all the rest of the stuff just really doesn't come into play. You going to vote 'no', vote 'no'. If you're going to vote 'yes', vote 'yes', but all the stuff that we do to 09600037.doc 186 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 attack one another's character and our integrity down here needs to stop, and we definitely need to give the Gentleman a chance to hear his Bill. Thank you, Mr. Speaker."
Speaker Turner: "The Gentleman from Cook, Representative Osterman, for what reason do you rise?"
"Will the Sponsor yield?"
"Indicates he will."
"Representative, a couple questions just so that some of the people in this room can understand and can read the Bill. If someone exchanges a handgun, one for one, there's an exemption. Is that correct? So, if someone… a buddy of mine like Representative Bost and I want to exchange handguns, if I move out of… move out of Chicago, there might be… we could exchange it one for one, it'd be… it'd be exempt. It'd be exempt. So, the Bill, currently, Ladies and Gentlemen, if you trade handguns with each other, that would be exempt. If you have a transfer of firearm that you go shooting with someone and you're at a range or you're somewhere else, that also would be exempt. And the previous speaker talked about you can't do this in Chicago. You can't do this in Chicago. Well, he knows it himself, that a lot of other people have been throwing around the Heller decision left and right, the Heller decision, the Heller decision, the Heller decision, game change or game changer, statewide formula. The reality is there's legal cases right now and certain municipalities like Morton Grove and Wilmette and Evanston have rescinded bans on firearms, bans on handguns. The City of Chicago may be in that same situation down the road. And this 09600037.doc 187 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 would… what does this do? This allows for someone to buy one gun a month. What's the purpose of the Bill? The purpose of the Bill is to try to get at gun trafficking where people are buying significant amount of firearms in retra… reselling them. That's currently illegal, but this is a way to try to prevent that. Chicago Police Department takes 10,000 guns off the street every year. This also enables an individual who wants to buy more than one handgun a month. So, you know, it comes around December, it's near Christmas and you really got to get another handgun, really got to get one. You could have an exemption where you can go to State Police and say here's why I need another gun. A simple form to fill out. Give'em 13 guns, in case you needed to be fully… fully strapped and ready to go. You know, the reality is, how many firearms does someone need? And it's easy to say, you know, that they're against the Bill, but what the Bill will try to do is try to prevent a lot of these illegal guns that are on the street now. You may laugh at that, but that's a reality in the state. We should care about all the people of the state. This does not prevent anyone's rights. It's a good piece of legislation. I compliment the Sponsor. Vote 'aye'."
"The Gentleman from Cook… I mean, the Gentleman from Jasper, Representative Reis, for what reason do you rise?"
"Thank you, Mr. Speaker. I reserve my time for Representative Bost." 09600037.doc 188 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"You just gave your time to Representative Bost. That's fine. Representative Bost, I don't believe I heard your name mentioned…"
"My… my name… "
"…in debate."
"…was actually used in debate. Yes, it was. Thank you. Thank you, Mr. Speaker."
"Your time. Your time."
"Well, thank you. I'll yield my time. You all know how you're going to vote on this anyway. It's ridiculous."
"The Gentleman from Crawford, Representative Eddy, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, I just have a couple questions for you. According to what I read in the… the Bill, that if you inherit… how would… how would it be handled if a person was going to inherit a handgun under your Bill?"
"If there's…"
"Pardon me?"
"…an inheritance if somebody dies or somebody wants to leave it to their family, they're able to do that on this Bill. You can make…"
"They're… they're able to…"
"…the transfer to an heir."
"They're able to leave one handgun to the same person."
"No, I believe they can have all the…"
"Could you tell me in the Bill where it… it specifically exempts from an additional one handgun per month, any 09600037.doc 189 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 inheritance of a gun collection that might be of handguns? If the collection contains…"
"Eddy…"
"…more than one handgun, right, going…"
"Eddy, it's on page 7, Article 4… oh, it's starts on line 4."
"Line 4, on page… what page?"
"Seven."
"Representative, you're going to have to read that because I, honestly, I don't see it. What I'm reading is that it is a affirmative defense in a violation for the transfer… with intent to transfer fire arm if they receive those as an heir, but that's one handgun. That… that relieves them of the requirement…"
"You're… you’re exempted from the one gun a month rule once you inherit… you have an inheritance."
"Well, that's… Representative, that's not the way… that's not the way I read it and I'm glad you put that intent. Mr. Speaker, to the Bill on the record. I'm glad you read that into the record that that's your intent. To the Bill, very quickly. Ladies and Gentlemen of the House, we obviously think very differently in our part of the state regarding this issue. We believe that the Second Amendment is the Second Amendment, and that there's not a reason to infringe upon lawabiding citizens' rights to purchase guns. And I got to tell you, think about this intuitively. Do you really believe that someone who's intent on… on committing a crime is… is going to follow this law? This… this law will only affect lawabiding citizens. And, Mr. 09600037.doc 190 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Speaker, if this Bill would receive the requisite number of votes, we would request a verification of the Roll Call."
"The Gentleman from Vermilion, Representative Black. Your verification request will be recognized. The Gentleman from Black… from Vermilion, Representative Black."
"I'm sorry, Mr. Speaker. I didn't ask for a verification. Are you talking to me?"
"…talking right now."
"Oh. All right. Will the Sponsor yield?"
"Indicates he will."
"Yes. Representative, I have a… I have some friends of mine, I don't know whether they'll make their Olympic team in their native country, but I'm going to assume that 2016 Olympics will be in Chicago. Now, there are shooting sports in the Olympics. So, let's say… let's say the Lithuanian rifle and pistol team want to bring in… there are four members on a team and they each want to bring in 25 handguns, 'cause they're not sure which gun they're going to use, depending on the conditions on the range. Can they… will the Olympic shooting teams be able to bring in multiple handguns? Oh, wait a minute. I know the answer to that. That's right. They have an exemption. Ah, I forgot that. So, the Olympic shooters, they could bring in a thousand guns 'cause they have an exemption, right?"
"My… my Bill is about purchasing, not trans… transfers, not transportation, and the Olympics is a different issue, Mr. Black." 09600037.doc 191 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Yes, well, I… I know. We… we had that issue last week. Let me ask you another question. Last week was the Legislative Sportsmen's Caucus dinner and auction. If I go to an auction, Duck's Unlimited, Legislative Sportmen's Caucus, Pheasants Forever, any… any number of organizations that may auction off a firearm, and so I go to this event and I happen to see three very collectable, not antiques, just current handguns that I think at some point will become collectables, and so I want to buy three at that auction, but I didn't know I was going to buy that when I went. So if I read your Bill correctly, I couldn't purchase the three 'cause I would have had to apply for an application prior to the auction, right?"
"No. If there's a collector's item… if there collector's items, you could…"
"Well, these aren't collector items. These would be brand new handguns, but I happen to see a… a stainless steel baretta. I don't even know if they make one, but let's if they do and I might see that, wow. That's not usual. So, I may want to buy that, because I think it may be worth money later on. Then I see a Springfield Armory, which is a gun manufacturer in the State of Illinois, with a U.S. Government model .45 caliber."
"Uh hmm."
"That's cool, I want to buy that, too. And then, I see a replica of a six shooter that Roy Rogers used to carry. Wow, I like that. So, I want to buy all three at the auction. Can I buy all three?" 09600037.doc 192 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"You could probably buy the… Roy Roger's gun, 'cause that would be a collector's item, Mr. Black…"
"Or a replica."
"…but the other ones, you would have to probably file an application with the State Police to be able to purchase the other ones."
"Well, see, that's… that's my concern. A lot of times when you go to Pheasants Forever or a Ducks Unlimited Banquet, you don't… or the Sportmens Caucus, you don't know what going to be sold that night so you can't preapply. What do you do in a case like that?"
"But if it's handguns, you can only buy one, but if it's a sportmens place, it's mostly, probably, rifles, shotguns…"
"Well, I…"
"You might… you might find… you might find a handgun and, hopefully, it is a collectors item, Mr. Black."
"Okay. Well, if… if you and I find a really good Roy Rogers handgun, we'll get together on the price."
"Please, call me, so I'd probably be interested in buying it also."
"Thank you, Representative."
"The Lady from Cook, Representative Mulligan, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, I, too, talked to you about the inheritance part of this and you had brought me a bunch of different Amendments and then the gentleman that's standing 09600037.doc 193 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 next to the staff came over and showed me paragraph… a paragraph on page 7. And I'm looking at page 7 here and either I was very busy, I thought the paragraph he showed me was different than the one I have on this screen and it met the criteria of inheritance a lot better than the one that's up there. Now, I've had this problem for years on these Bills because my first husband and his brother were killed up in British Columbia and they have a lot of sons and they all were inheriting their guns. So, I've always been concerned about that because it does make for a problem if you are going through probate and you're trying to turn over the things that are rightfully the child's or the adult's, if it's a child, you know, your son, older son or something, you want it to go back to the father. But I agree with, I don't know if it was Representative Eddy who said he did not think that that paragraph covered it, and quite frankly, it doesn't. I don’t think it looked like the one that your staff person showed me, because when I looked at it, although, it was quickly, I thought it was a better paragraph than the one I'm looking at here that would cover this. And so, I don't think this is a real good paragraph that covers that situation, because first of all, I don’t think it should be an affirmative defense. Why should you have to defend yourself if you're legitimately inheriting something that's in your family."
"Rep…"
"And secondly, it's not going to be one gun. You're probably going to inherit, depending how many heirs there are, the total possessions of the parent or whoever you're 09600037.doc 194 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 inheriting from, grandfather, father, whatever. So, you know, I certainly want to support your Bill and vote for it, but I have great concerns about that, and I would like…"
"If… if…"
"…to see that paragraph again."
"Rosemary, if it made you… if you could vote on the Bill and it came… I would put an Amendment to your liking or I would change the language on that inheritance Bill. I could amend it if it goes to the Senate, I could bring it back and put the Amendment on it, concurrence."
"Well, I…"
"We could change the language. It doesn't have…"
"…I think it's always been… You know, there are many of us that have two sides… see two sides to this issue. You know, my father was murdered and I understand the gun issue and the violence part of it. I understand the one gun a month a part of it. I understand because I come from a family of hunters, the other side of it. The fact that we… we have a lot fun made of things like if you're leaving for a trip and you have things stolen, you could… should be able to replace them, which is usually gone on a Bill like this. Or if you inherit in your family, which is important, particularly to families where they've shared that as a sporting activity. So, Mike, I would very much like to see a better paragraph, but my concern was, I thought what he showed me was different than what the paragraph…"
"It is. It is a little different…" 09600037.doc 195 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"…is on my screen."
"…but if… if you will want to change that language, I will be happy to accommodate you to change that…"
"Right. Because I don't think…"
"…ihheritance."
"…it should be an affirmative defense. I think they should have a right to inherit…"
"Yes."
"…and more than one, and all they should have to do is show the will. So…"
"And, I… and I talked to you and I believe that you have a good idea. I think that was a good language to put on there. The one I show you. So, if we could get it out of the House, I would put it on on the Senate or talk to you about how do you want to draft it. That wouldn't be a problem. I think it's a good idea."
"All right. And the other problem I have with this issue is when I stand up and speak to this, no matter how legitimately I speak to it, I will see this in a mail piece whether I voted 'yes', 'no', 'maybe so' on this Bill, this will be used as an issue, which I think is a really bad way to do any legislation in Illinois. I think legislation in Illinois should be straight forward. It should be the purpose of the betterment…"
"Bring your remarks to a close."
"It should be for the purpose of the betterment of this state, and not to illicit comments that I have to make in… in discussing this in order to get what I think is fair for my children or my grandchildren, and then to have it 09600037.doc 196 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 used against you if you live in an area where this is an issue. If you're an upstater or downstater, depending, it isn't particularly an issue. But we make this an issue repeatedly as a campaign issue, as opposed to a logical issue of how you handle a really terrible situation of violence, particularly in areas where this is a problem. So, I intend to support your Bill, but for a while I've been wanting to make that statement. I think it's only fair that we should stop using this as an issue or Roll Call, but to use it as a valid issue of how we handle it truthfully."
Speaker Turner: "The Gentleman from Cook, Representative McCarthy, for what reason do you rise?"
"Thank you, Mr. Speaker. I move the previous question."
"Move the previous question. The previous question is put. All those in favor say 'aye'. The 'ayes' have it and the previous question is put. Seeing no further questions, the question is, 'Shall the House pass House Bill 12?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? The Gentleman… there has been a request for verification. So, I want to remind the Members that you should punch your button and your button only. Vote your own switch. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 54 voting 'aye', 61 voting 'no', 0 'presents'. And the Bill fails. The Gentleman from Macon, Representative Mitchell, for what reason do you rise?" 09600037.doc 197 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Mitchell, B.: "Thank… Thank you, Mr. Speaker. Point of personal privilege."
"State your point, Representative." Mitchell, B.: "I have over in the balcony here on the Republican side, I'd like them to stand up. The… Meridian. They're the Class 1A state basketball championships. We're glad to have them in Springfield."
"Welcome to Springfield, Meridian." Mitchell, B.: "We're… we're proud of you."
"Welcome to the Capitol. On the Order of Third Readings, we have House Bill 705, Representative Farnham. Read the Bill, Mr. Clerk."
"House Bill 705, a Bill for an Act concerning property. Third Reading of this House Bill."
Speaker Turner: "The Gentleman from Cook, Representative Farnham."
"Mr. Speaker, Members of the House, this is a Bill that we debated yesterday and we bring it back up for consideration today. Having talked with most of the Members of the House today, I will take any questions."
"The Lady from Will, Representative Kosel."
"Thank you, Mr. Speaker. I want to thank the Sponsor for taking it out of the record so that I could contact the people in Will County. I find that many of them are neutral on the Bill. There are several that are in opposition to it, but I thank him for the professional courtesy to give me the time to check with my constituents." 09600037.doc 198 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
Speaker Turner: "The Gentleman from Peoria, Representative Leitch, for what reason do you rise?"
"Thank you very much and thank you for the courtesy of taking the Bill out of the record yesterday. I checked with people in our county. While they were not aware of this measure or proposal, there was no objection to it. So, I will be supporting the Gentleman's Bill."
"Seeing no further questions, the question is, 'Shall the House pass House Bill 705?' 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? Clerk shall take the record. On this question, there are 98 voting 'aye', 17 voting 'no', 0 'presents'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Hannig, we have House Bill 3606. Read the Bill, Mr. Clerk."
"House Bill 3606, a Bill for an Act in relation to public employee benefits. Third Reading of this House Bill."
Speaker Turner: "The Lady from Montgomery, Representative Hannig." Hannig, B.: "This Bill is a constituent initiative for me. I have a teacher… a person that was a noncertified school personnel. She wants to serve on the county board. She's retired from IMRA. The county board that she would serve on pays a small stipend or salary. She was willing to waive her stipend and salary to serve on the county board. It would not change her pension. She would not get any 09600037.doc 199 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 service credit. It's hard enough to get people to serve in these positions and I request your help in letting her serve on the county board."
"Seeing no questions, the question is, 'Shall the House pass House Bill 3606?' 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 82 voting 'aye', 34 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Collins, we have House Bill 2627. Read the Bill, Mr. Clerk."
"House Bill 2627, a Bill for an Act concerning courts. Third Reading of this House Bill."
"The Lady from Cook, Representative Collins."
"Thank you, Mr. Speaker. House Bill 2627 requires the placement of juveniles in those counties facilities that are designed and monitored for juvenile programs for prohibiting the detention on adult county jails beyond a minimum time. Right now, no juvenile should be detained or confined in any jail or lock up for adults. And so, we want to continue to make sure that that doesn't happen. Couple years ago, we had an agreement with the counties that they said they wouldn't do that and since then, since 2008, 13 counties have still found to be in violation of the Federal Act, which requires that the holding of 62 youths in adult jails beyond the allowed time period. In 2007, 12 counties were in violation and in 2006, 11 09600037.doc 200 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 counties were in… in violation. Now, the Federal Government gives money to the counties so that they won't keep… for transportation so that they can transport the kids from one county to the next for those counties who don't have the facilities to house our juveniles. So, I ask for an 'aye' vote."
Speaker Turner: "The Gentleman from DuPage, Representative Reboletti, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"Representative, in these… in these cases where these kids are being locked up for more than six hours, what kind of cases are they besides murder or home invasion or sex offenses?"
"They're misdemeanor cases. They're cases where kids can normally go home."
"Is this… is this happening in Cook County?"
"It's not happening in Cook County. Cook County has a detention center. It's happening in… there are 13 counties that are in violation. That's Dewitt, Ford, I… what is that, Iroquois, Jackson, Jasper, Kankakee, Logan, Marion, Perry, Plat (sic-Piatt), Schuler (sic-Schuyler), Washington, Woodford. All of these counties admit youths to detention centers."
"Well, and here… and here's part of the problem of the FOP and the sheriffs have issues, those counties are pretty vast, and for them to be able to find another place to move the child to may take longer than six hours and I… 09600037.doc 201 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 and I think that's where… that's where the… the issue lies. So, I think that… that's where the issue is, so…"
"Well, the… that may be the issue, but the… the Federal Government gives them grants to transport those kids, so there's a lot of money out there. And we have 17 detention facilities that at capacity, we… they can hold about 1300 kids, and the average population was only about 962. So, there are plenty of room so… and there's grant money so the sheriffs, a lot of times there complaint was that they didn't have the money to do this. But there's plenty of money through the Federal Government that they give them to transport those kids from county to county."
"How much… how much money, federal grant money are you talking about, Representative?"
"The Federal Government… let me see how much it is, $236 thousand dollars."
"I mean… I'm sorry, Representative. It's kind of loud in here. Speaker."
"I'm sorry. I'm not sure of the exact number, but it was like… it was… it was sufficient. It was really a lot of money and they're just not accessing it."
"And I realize these counties are… are not in compliance, but are these… are these crimes of violence? Are they… are they battery cases? I mean, or are we talking Class C misdemeanor cannabis cases where these kids are staying for more than six hours?"
"Well, a lot of times this… they're allowed to stay there through process, but then instead of sending the kids home or taking them to the next facility, these are 09600037.doc 202 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 misdemeanor cases that could be… they could go home. There may have been a couple… it was only a few cases that were like… that were felony cases."
"Is there no detention facility, youth detention facilities in these counties? Is that why they're going to… is the detention facility located in a separate county, so they have to be transported somewhere else, and that's where they… the time frame are happening?"
"Right. Well, the… a lot… these counties don't have a… a facility so they have to transport to another county. So the procedure… but two years ago, they agreed that they wouldn't do this and that's why when we filed the Bill a couple years ago, after negotiating, they said they weren't going to do that. And then now, two years later, they're still out of compliance. So…"
"So, why…"
"…that's why we're going ahead…"
"…why aren't they…"
"…with the legislation."
"Are they saying that there's no money to… to hire additional deputies for overtime to remove the kids down to a youth home, or is that what the situation is?"
"Well, I…"
"Have they shared that information with you?"
"I don't know what it is, but they agreed to do it and now, they have not kept their word two years ago. So, we pulled the Bill two years ago, because they agreed to do this. Now, we're back because they have not complied." 09600037.doc 203 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"I… I just have some concerns in these bigger counties that don't have facilities that the six hours maybe too short of a time frame, but… but I appreciate your responses. Thank you."
"Thank you."
Speaker Turner: "The Gentleman from Jackson, Representative Bost, for what reason do you rise?"
"Thank you… Thank you, Mr. Speaker. If you would, we need to excuse Representative Keith Sommer for the rest of the day."
"The record will so reflect. The Gentleman from Champaign, Representative Rose, for what reason do you rise?"
"Representative. May I ask her a question, Speaker?"
"Indicates she will."
"Thank you. What happens if parents have been called and they haven't shown up yet? Usually, at 2:00 in the morning you don't let them walk out of a jail cell door. You call parents and they come and pick the kid up. But what happens five fifty-nine hours… five hours, fifty-nine minutes, the parents aren't there yet?"
"Well, if the parents haven't picked up the kid, then that… they still have to transport the kid. They can't keep the kid in an adult facility past the time frame. So, if you have a kid at the station and the parent has not picked up that kid, it is up to them to then transport that kid."
"To…"
"They get…" 09600037.doc 204 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"That's the problem, though. I mean, no offense, but in Irocus (sic-Iroquois) County, they can't… they can't actually…"
"Well, the Federal Government give them $236 thousand to transport that kid. They could take the kid home then, if they wanted to transport the kid home, if they didn't want to take him to another detention facility if the kid wouldn't be at risk. But you can't put…"
"…but it's just not easy, Representative. That's my point. You can't… you…"
"But it's Federal Law… but my point is, it's Federal Law that our children should not be housed with an adult. They cannot have sight…
"I know and my…
"…or sound…"
"But this is my point."
"All right."
"It… you're sitting there, the kid's going to be released, they've called the parents, the parents aren't there. What do you do, put them in a squad car and drive them around in a holding pattern until the parents get there? And then you radio in the squad car, hey, come on back. I mean, it just… it's not that easy."
"Well… well, they can take the kid and put them in the car and take the kid home. If the parents is coming to take'em home, then the sheriff can take'em home."
"What… but…"
"You can't put them in a locked facility with adults." 09600037.doc 205 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Representative, I represent Edgar County. On Saturday night, there's usually one deputy sheriff on duty for the whole county. That means if there's a crime in Brockton, in my district, the average response time is an hour and forty-five minutes. Now, when someone's breaking in that home in Brockton, Illinois, what are we supposed to tell them? Oh, by the way, we're driving cute little Johnny home from the kegger that night, 'cause we don’t want to violate the six hour rule?"
"Well, yeah. Once you pick the kid up, you could call another sheriff in or another person in to have them transport the kid. You have to become creative if you don't have it. The federal…"
"I think…"
"…this is a federal…"
"Bring your remarks to a close."
"Representative, earlier today, you… it's to whatever day it is, it seems to be our date on these Bills and we've had some good conversations on other Bills, and I hope those will be productive. On this one, I just… I just can't… I just can't be there, 'cause I can't see how this works in downstate Illinois. I mean, I just… it will not work and the solution here is for the parents to come pick up their kids. It ought to be their responsibility to get there and pick up the kids, and I don’t know what we're going to do and why we would tell the law enforcement if they've got somebody there, turn them loose into the night. You know. Or drive them around in a holding pattern or transport them to some other counties' juvenile holding center, and then 09600037.doc 206 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 let the parents go there to find them. So, I'll just vote 'no'. Thank you, Mr. Speaker."
"The Gentleman… Representative Durkin, for what reason do you rise?"
"To the Bill, Mr. Speaker."
"To the Bill."
"I'm going to vote 'no' on this Bill. I think what we're doing is by saying that six hours is what a law enforcement official can use to detain a juvenile to investigate a case. I think this is the wrong thing we should be doing at this time. This is going to force law enforcement to rush to judgment. They may make errors and ultimately, society pays and also the juvenile who's under… who's being investigated. So, whether it's in Cook County, DuPage County, Will County, or Iroquois County, it's wrong and I would suggest a 'no' vote."
Speaker Turner: "The Gentleman from Cook, Representative Dunkin, for what reason do you rise?"
"Will the Sponsor yield?"
"Indicates she will."
"Representative, this Bill excludes those individuals who are convicted or arrested for a serious crime or heinous crime, correct?"
"Right. That's correct. They have 12 hours and the proced… and the time frame doesn't start until after the kid has been processed."
"So, this is for maybe loitering or curfew violation, something similar to that? Is that… one can be arrested for that as well, am I right?" 09600037.doc 207 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"That's correct."
"Okay, so…"
"Curfew violations…"
"Curfew violations, minor offenses. To the Bill. Ladies and Gentlemen, this Bill here is really not much more than what it says. A young person… the age of 12 and under who's arrested, really for a nonserious crime, simply should not be locked up with adults, with grown men or grown women who may be connected to a real serious crime. They shouldn't be a part of that cell. They shouldn’t be locked up. Keep in mind, our juvenile system, really, and our… supposedly, our correction system is supposed to correct. Sometimes, it's scary enough for a young person just to go through the experience of being taken into a police car and to a police station. This Bill is a Bill that we should all give deference to as it relates to young people who could easily be traumatized with their experience with law enforcement. This is not over the top. This doesn't infringe on the rights of police officers. It also gives them an opportunity to use their professional discretion. I think it's a good Bill. I think it sets the right tone and the right encouragement for law enforcement to follow, and to work with some of our youth who simply need, in some cases, a good scare or a… a sort of reprimand that won't devastate them for the rest of their lives. I was… I rise in support of this legislation. I think these are some of the things that we can do other than criminalizing every single young person who runs across a mistake in his or her life. Some of us here did not lead 09600037.doc 208 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 perfect lives. Can you imagine us being locked up at 5 years of age, at 10 years of age in an adult facility? Whether you are in… in rural Illinois or urban Illinois, this is the right measure. It sensible legislation. It gives law enforcement a good healthy dose of discretion to use and not completely traumatizing or criminalizing all of our young people under the age of 12. I would encourage an 'aye' vote. Thank you."
"Seeing no further question, the question is, 'Shall the House pass House Bill 2627?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Clerk shall take the record. On this question, there are 46 voting 'aye', 68 voting 'no', 1 'present'. The Bill fails. Representative Farnham, we have House Bill 3637. Read the Bill, Mr. Clerk."
"House Bill 3637, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Read the Bill, Mr. Clerk. The Gentleman from Cook, Representative Farnham."
"Mr. Speaker, Members of the House, House Bill 3637 allows the Department of Commerce and Economic Opportunity to implement and administer a pilot program for 2010/2011 to encourage businesses to restore and refurbish in retrofit, existing buildings that have been vacant for at least 90 continuous days. The building… so the businesses are able to occupy the building as a retail professional corporate manufacturing assembly of distribution business. 09600037.doc 209 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 It's subject to appropriation, allows that the department may make interest-free loans for this purpose."
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."
"Representative, what is the genesis of this Bill?"
"The idea for the Bill is vacant buildings, vacant properties, commercial properties, properties that could be used as retail or industrial that had been lying vacant to spur improvements to them to attract businesses into those properties."
"So, they'll… they'll have interest-free loans in order to purchase the property or rehab the property or both?"
"To rehab the property."
"Okay and how long are these loans good for? Is there a specific set of term that the loan would good for?"
"Yes. The term is for 10 years."
"And then would you have to make a balloon payment or would you… they assume that the loan would be paid for by then?"
"The borrower would have to repay at least 5 percent of the original principal of the loan each year and the balance at the end of the term."
"So, what type of business would benefit from this type of agreement, and do… is this program currently in place with DCEO?"
"I don't believe it is."
"There's no program like this already?" 09600037.doc 210 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"I don't think there's a program specifically like this."
"How would it be different? That's… if it's available now, how is it different than what this is?"
"I don't believe it is available now."
"There's nothing like this available with… within DCEO, where they give low interest or zero interest loans to people rehabbing buildings?"
"There's none that I know of."
"Okay. So, you don't know of anybody that's ever gotten a loan like this?"
"Not specifically like this, not a loan like this. I… I know of grant programs and various communities and things like that having, owning commercial prop… you know, having had commercial properties and watched down… community struggle with trying to attract businesses into buildings that sit vacant and the owners don't put any money into them because they're sitting vacant."
"So, the programs that's in place now are just for grants. They don't have to pay them back. They apply for these grants, they get the money, they can buy the vacant buildings and then rehab them, right?"
"The grant programs generally speaking on the local level in municipalities, this is a… this would be a state program."
"Is it… what kind of criteria? Is it for a multiple dwelling? Would this be a re… old factory? Would this be just homes? What type of things would these target?" 09600037.doc 211 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"It would not be for multiple dwelling. It's not for residential properties. It's… it's for retail, professional, corporate, manufacturing, dis… distribution businesses only."
"My… I have one last question, Representative. Will you be voting 'present' on this Bill?"
"No."
"I'm sure there's other questions from other Members of the House, so I'll just urge a… people to listen to what's going on with this Bill."
"The Gentleman from Crawford, Representative Eddy, for what reason do you rise?"
"Just… will the Sponsor yield for a couple of questions?"
"He indicates he will."
"Representative, this is subject to appropriation?"
"Pardon me, I'm sorry."
"That's all right. This is subject to appropriation?"
"That is correct."
"Do you have or have you introduced a specific appropriation Bill to accompany this?"
"No, I have not."
"Do you plan to use a vehicle Bill to make an appropriation to this program?"
"I do not have a plan to do that at this time."
"So, this is a pilot program that runs for 2 fiscal years, 10 and 11, right…"
"Correct."
"…and for the 10 year, the year '010 (sic-'10), you have no plans to introduce an appropriation Bill to fund this?" 09600037.doc 212 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Not as of now, no."
"Okay. So, is it something that you expect to possibly work on in the final budget appropriations for a line item somewhere in the DCEO budget then? Is that… you're going to make some kind of recommendation there perhaps?"
"That's what I would… that's what I hope for, yes."
"Okay. Do… do you have an idea of how much of a request that you may make for this line item as we move toward the budget? What's you vision for this program?"
"It has not been determined yet."
"Do you have any desir… I mean, you don't… 20 bucks, 20 thousand 2 million? I mean, do you have any desire whatsoever to… to push for a certain amount to fund a pilot program like this?"
"One… are you talking about for the individual building or property?"
"Oh, I'm talking about the line item to appropriate here. I… I mean, this is a new program. We… we're not really flush with money right now, as you probably know. You've heard the… the scuttlebutt things aren't good. Is there a certain dollar amount that you… I mean, this is your legislation. It's your idea. Do you have an amount that you thought…"
"I… I don't have a specific number in mind. I mean, I… I would be thinking that we would be looking at the $250 thousand range or about. I…"
"Okay."
"…and I don't have a specific number is mind…"
"That's the total…" 09600037.doc 213 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"…honestly."
"…amount of line item. Do you have any idea of what individual grants would be? That would have been my next question."
"Not specifically, because I think it depends on the property. I mean, typically, if it's a facade or it's a… it… it really depends on the property. A facade can be a $100 thousand."
"So…"
"It could be $50 thousand. It can be $10 thousand."
"So, this… this could, with a two hundred fifty thousand dollar, it could do something. You'd mentioned earlier that this… is this something that you have engaged in, that you have a background in doing and have a… a certain understanding of?"
"Yes, I do. You know, I've… I've lived in a community that has been run down and I've watched it come back, and I have owned properties in the past…"
"Representative Eddy, bring your remarks to a close."
"I will. I appreciate the answers and… and the Gentleman brings us the legislation that he does have a particular background and knowledge and skill in. I… I know we're in tough, tough financial times. I go back to Representative Reis's question, though, and that… that is in regards to your… your involvement in this business, and carrying the Bill that appropriates to something that, perhaps, you have some past interest in, and his question regarding whether or not you would be voting 'present' on this Bill. I would 09600037.doc 214 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 consider that. This is… this is your expertise, but it's also something you have an interest in. Thank you."
"Seeing no further questions, the question is, 'Shall the House pass House Bill 3637?' 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? Black. The Clerk shall take the record. On this question, there are 88 voting 'aye', 26 voting 'no', 0 'presents'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Golar, on House Bill 655. Read the Bill, Mr. Clerk."
"House Bill 655, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"The Lady from Cook, Representative Golar."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This is an important Bill, and it's an initiative of many individuals from Phil Milsk. This Bill is a… will create a task force for economic opportunities for people with disabilities. As you know right now, we are facing hard economic times in terms of jobs. And for many decades persons with disabilities are faced with many barriers. This Bill will require that the task force to produce an annual report on how to remove barriers for competitive employment and economic opportunities, federal funding opportunities that would increase competitive employment. This task force will analyze state disability systems, mental health, developmental disabilities, veterans' assistance, workforce investment, rehabilitative… 09600037.doc 215 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 rehabilitative service systems, the effect of employment of persons with disabilities. The task force will further look in and check and review what other states are presently doing. The task force will be made up of 20 persons. And the purpose, again, of this Act is to create a task force that will look at the many barriers that people with disabilities face."
"Seeing no questions…"
"I will be happy to take any questions."
"Seeing no questions, the question is, 'Shall the House pass House Bill 655?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, 114 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Joyce, we have House Bill 2352. Read the Bill, Mr. Clerk."
"House Bill 2352, a Bill for an Act concerning higher education credit card marketing. Third Reading of this House Bill."
Speaker Turner: "The Gentleman from Cook, Representative… Bill's on the agreed list. It's gone. Representative Connie Howard on House Bill 2475. Out of the record. Representative May on House Bill 2325. Read the Bill, Mr. Clerk."
"House Bill 2325, a Bill for an Act concerning insurance. Third Reading of this House Bill." 09600037.doc 216 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
Speaker Turner: "The Lady from Cook… the Lady from Lake, Representative May."
"Thank you, Speaker, Ladies and Gentlemen of the House. House Bill 2325 was a suggestion that I heard at an insurance round table. Insurance agents in the industry set our Illinois continuation language on notification was vague. So, this qualifies it and codifies it, the notification requirements. It passed, virtually, unanimously, last year and out of committee. COBRA at the federal level is 18 months. Although I passed it to be 18 months last year, at the request of NFIB, I reduced it to 12 months. I think it's good public policy in a time of uncertainty when people might be losing their job or hours reduced. This gives them the security that they can pay, they will pay for their continuation of health insurance. And I have agreed that if there is any language that the Chamber or anyone, because there are some changes at the federal level, if there is any language that needs to bring us in conformity with the federal level, that we will add that in the Senate. Representative Mautino had suggested a Bill to that effect, but the parties involved said that they preferred to just wait for the Senate or to do it in a separate Bill. Thank you."
"The Lady from Lake, Representative Osmond."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates she will."
"Representative, I know that you had just said that you thought that there would be an Amendment of some type that might be done in the Senate. What…" 09600037.doc 217 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Yes. Yes, I…"
"…what is the status of your second Amendment?"
"Well, Representative Mautino, House Amendment 2 was withdrawn."
"Okay. So, and… and so, anything further on this with regards to the Chamber or NFIB would be done over in the Senate."
"That's the way they preferred it."
"Thank you."
"Seeing no further questions, the question is, 'Shall the House pass House Bill 2325?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. The Clerk shall take the record. There are 114 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 631."
"House Bill 631, a Bill for an Act concerning insurance. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment… Floor Amendment #2 was filed today, but hasn't been approved for consideration."
Speaker Turner: "The Bill shall remain on Second Reading. Representative Mautino in the Chair."
"Mr. Clerk, what's the status of House Bill 2409?"
"House Bill 2409, a Bill for an Act concerning local government. Third Reading of this House Bill."
Speaker Mautino: "On House Bill 2409, Representative Washington." 09600037.doc 218 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Thank you, Mr. Speaker. House Bill 2409, what it does is give the North Shore Sanitary District, which is the second largest waste water treatment agency in Illinois, the same flexibility in meeting the emergency and other challenges as other agencies across the state now have. The North Shore Sanitary District which serves 315 thousand people in eastern Lake County and help protect about 25 miles of Lake Michigan shoreline. This Bill is looking for the ability to decisively respond to a natural or manmade disaster by promptly awarding contracts for repairs necessary to maintain compliance with the National Pollution Discharge Elimination System. Permits issued by the IEPA. These emergencies include: flood, fires, and tornadoes, which might damage district facilities and possibly lead to sewage discharges into Lake Michigan if not quickly repaired. And I'm open for any questions concerning House Bill 2409."
"The Gentleman moves passage of House Bill 2409. No one seeking recognition, the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Does Representative Black wish to be recorded? Mr. Clerk, take the record. House Bill 2409, having received 70 votes 'yes', 44 'no', 0 voting 'present', is declared passed. Mr. Clerk, what’s the status of House Bill 4209? Representative Bost."
"House Bill 4209, a Bill for an Act concerning education. Third Reading of this House Bill." 09600037.doc 219 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Read the Bill. Representative Bost."
"Thank you, Mr. Speaker. House Bill 4209 simply amends the Higher Education Assistance Act with respect to veterans' grants and Illinois National Guard and Naval Military grants, provides that a person who otherwise qualifies for grants may relinquish his or her entitlement and pass that on to… transfer it to his spouse, child, or adopted child, or stepchild. It basically allows them use the grant if they have not used it themselves. Be glad to answer any questions."
"The Gentleman moves passage of House Bill 4209. No one seeking recognition, the question is… excuse me. The Gentleman from Cook, Representative Fritchey is seeking recognition."
"Thank you, Speaker. Will the Sponsor yield?"
"He indicates he will."
"Michael, let me ask you, so, this program originally started because we wanted to provide grants to veterans for educational purposes."
"That's correct."
"This legislation would allow a veteran that was eligible to basically transfer his or her eligibility to…"
"To… to…"
"…any family member regardless of…"
"To one family member."
"But… but, any one family member?"
"To any one family member. That is correct."
"I… I'm trying to think how I… how to ask this in a way that…" 09600037.doc 220 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"I… I understand…"
"…that I want to."
"…what you're trying to do. I'm…"
"You know, at… at all times, but especially in the times that we find ourselves now, you know, we… we've tried and rightfully so, to do what we can for veterans…"
"Right."
"…and some may argue that we still don't do enough."
"Right."
"But this is really a significant departure from that, though, and I mean that with no disrespect, obviously, to you or any of the men and women here or in this state that have served our country. But the idea of these veterans' grants was to acknowledge and thank them, and maybe to offset too, the hardships that they endure, economic or otherwise by virtue of their service. I… I guess maybe, I would understand more if we were going to say that family members may receive a higher preference in applying for a grant or something along those lines, but what we are now doing then is taking a state grant and divesting ourselves of any and all…"
"Right."
"…authority and placing that authority into the veterans and saying, well, I'm going to give it to…"
"Right… specifically what this grant does, it's the same as your grants that you give away in your… as a Legislator. So, basically, it would be just transferring those… like I said, it… it is one… one family member. It can be transferred to if that veteran did not use it." 09600037.doc 221 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"But the… the grant… I… 'cause here's the… here's the…"
"I understand… I understand your disagreement with it, but…"
"And, I… I'm…"
"…you know, that's… that's the Bill as it is."
"And here's the problem. I'm… I'm intellectually okay with disagreeing with this. Part of me feels that this isn't… really isn’t the right thing to do, 'cause, you know, it's going to continue on and on and on. It's nice to see any benefit conferred to a veteran shall now be transfer… transferable at their choosing. You know, this reminds me… this is going to be a… a awkward analogy, but this reminds in a… at the opposite end of the spectrum, kind of like, you know, the DUI Bills we get or the sex offenders Bills where nobody wants to vote against them. Nobody wants to vote against a piece of legislation that can be couched as benefitting a veteran, but this doesn't necessarily benefit a veteran. This basically makes the veteran a…"
"Well, here… here's why it would benefit a vet… veteran. Sometimes when veterans come back, they themselves, feel because they have children that… that their time requires them to go on to get a job away from… without going to school. So, therefore, they couldn't take advantage of the benefits offered by the State of Illinois that… that we offer that says if you leave the State of Illinois, you come back to the State of Illinois, and you are an Illinois veteran, and, so, because of the children or because of 09600037.doc 222 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 their financial situation at the time, they immediately go to work. This just gives them an opportunity to take one of those children that when they're working and they're trying to provide for their family, and we all know the extreme costs that incurs if we have a child in school, this would allow for a waiver of that."
"Now… now, under the grant program, though, the qualification for the grant program is that upon application they would be awarded a grant… a four-year grant, not a one year, a four-year grant…"
"Right. Right. It is a four-year…"
"…full time to a university of their choosing."
"…it is a four year waiver of tuition."
"Does that grant give them admission to the university?"
"No. No, not an automatic admission. No, no, no. Not… not…"
"So, the grant is subject to them have already being…"
"They… they must be…"
"…accepted."
"…accepted to the university, just like anything… anyone else. None of the veterans' grants do that. It doesn't automatically…"
"Well, here… here's… here's what I think it… here's… you know, the law of unintended… the law of unintended consequences, Representative… I… I appreciate you indulging me in this. The law of unintended consequences is this, an individual can go into the Illinois National Guard for one 09600037.doc 223 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 year. At the end of that one year, they can then get a four-year ride…"
"No."
"…for their child…"
"No."
"Well… I'm…"
"No, that… that does not qualify… a one-year stint in the Illinois National Guard does not qualify as… as a…"
"Well, according to…"
"…as an Illinois veteran."
"…according to our analysis, it does. It says, by law, any person who has served at least one year in the Illinois National Guard…"
"You have to… you have to qual…"
"…or the Illinois Naval Militia…"
"That's what your analysis says or…"
"…and who possesses…"
"…that's what your analysis says?"
"…all necessary interest requirements, et cetera, et cetera, then qualifies for the grants."
"You know… Mr. Speaker, I would… I would gladly take this out of the record, because that's… that's not what this Bill does and I will… will show that… In the State of Illinois, we do not… if you just have one year in the National Guard, you're not qualified for veterans' grants."
"Well, here…"
"And so… so, I'm thinking that someone did the analysis wrong. So, I'd love to talk with you on that." 09600037.doc 224 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Okay. And, Mike, I'm not… I'm not trying to trip you up…"
"No, no. I understand that."
"…I'm just…"
"I have no problem taking it out of the record…"
"…I mean, this…"
"…and talk with you on it."
"…it's a significant departure from, I think, from anything that we've done."
"Okay."
"I just want to make sure that we all know…"
"Yeah, we'll… we'll…"
"…what we're doing."
"…we'll get our staffs together and it'll be fine."
"I appreciate it."
"Mr. Speaker, will you take it out of the record?"
"Mr. Clerk, at the request of the Sponsor, would you remove this Bill from the record. Mr. Clerk, on the Calendar appears House Bill 800, Representative Wait. Out of the record. On the Calendar appears House Bill 3919, Representative Burns. Read the Bill."
"House Bill 3919, a Bill for an Act concerning finance. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Burns, has been approved for consideration."
"For what reason does the Gentleman from Cook, Representative McCarthy… Out of the record. The Gentleman from Cook, Representative Burns, on Floor Amendment #1." 09600037.doc 225 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Thank you… Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. I move to adopt Floor Amendment #1 to House Bill 3919. This would allow other governmental units to participate in the interstate joint purchasing agreement."
"The Gentleman has moved adoption of Floor Amendment #1. And on that, all in favor signify by 'aye'; opposed same sign. The 'ayes' have it and the Amendment is adopted. Mr. Clerk, any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. On the Calendar appears House Bill 740, Representative Osterman. Read the Bill."
"House Bill 740, a Bill for an Act concerning education. Second Reading of this House Bill. Floor Amendments 1 and 2, offered by Representative Osterman, have both been approved for consideration."
"The Gentleman from Cook, on Floor Amendment #1, Representative Osterman."
"I'd like to table Floor Amendment #1, Mr. Speaker, and…"
"The Gentleman withdraws Floor Amendment #1."
"And…"
"Further Amendments?"
"Floor Amendment #2 is a gut and replace Amendment that was a request of the State Board of Education and a suggestion of a Member of the Education Committee regarding subject to appropriation. House Bill 740 deals with creating a curriculum… a two-year pilot program at ISBE to focus on the green job industries for the future. Again, 09600037.doc 226 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 it's subject to appropriation, and I would ask support of this Amendment."
Speaker Mautino: "The Gentleman moves adoption of Floor Amendment 2. And all in favor signify by 'aye'; opposed, same sign. The 'ayes' have it. Floor Amendment 2 is adopted. Mr. Clerk, any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Mr. Clerk, on the Calendar appears House Bill 39… excuse me, 2392. Representative Golar. Out of the record. On the Calendar appears House Bill 1057, Representative Dugan. Read the Bill."
"House Bill 1057, a Bill for an Act concerning criminal law, has been read a second time, previously. Floor Amendment #3, offered by Representative Dugan, has been approved for consideration."
"Representative Dugan on Floor Amendment #3."
"Thank you, Speaker. Floor Amendment #3 just addresses some concerns that were brought, just to more detail the parts of this Bill as far as audio. So, certainly, I will ask (sic-answer) any questions, but it really just explains it a little bit better."
"The Lady moves adoption of Floor Amendment #3 to House Bill 1057. And on that, Representative Reboletti is seeking recognition."
"Will the… will the Sponsor yield?"
"Indicates she will."
"Representative, I know we talked this in committee. What is the issue? Why… why couldn’t we use the video taping when there's a taser situation?" 09600037.doc 227 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"I'm sorry, Representative. I didn't hear you."
"Why can't we use the eavesdropping when there's a taser situation? It says that it rem… it deletes the provision, that it… that there's an exception when an officer uses a taser or another device with a camera. You're deleting that provision?"
"No."
"Is that what Floor Amendment #3 is?"
"I believe that… No, in Amendment #3, I believe that's detailing that you can use it with a taser unless it's…"
"Okay. I…"
"Yes."
"Thank you."
"Yes."
"The Lady moves adoption of Floor Amendment 3 to House Bill 1057. 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. Mr. Clerk, on the Calendar appears House Bill 2691, Representative Bellock. Out of the record. On the Calendar appears House Bill 870, Representative Brauer. Out of the record. On the Calendar appears House Bill 1295, Representative Cavaletto. Out of the record. On page 16 of the Calendar appears House Bill 2406, Representative Coladipietro. Out of the record. On page 27 of the Calendar appears House Bill 4154, Representative Connelly. Out of the record. Mr. Clerk, on page 5 of the Calendar appears House Bill 310, 09600037.doc 228 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Representative Durkin. Out of the record. On page 18 of the Calendar appears House Bill 2619, Representative Roger Eddy. The Gentleman's waiting on an Amendment. Out of the record. Page 24 of the Calendar is House Bill 3841, Mr. Leitch. David Leitch on House Bill 34… 3841. Read the Bill."
"House Bill 3841, a Bill for an Act concerning appropriations. Second Reading of this House Bill. No Amendments. No Motions filed."
"Third Reading. Mr. Clerk, on page 27 of the Calendar appears House Bill 4114, Representative Leitch. Out of the record. On page 4 of the Calendar appears House Bill 297, Representative Mathias. Out of the record. On page 26 of the Calendar appears House Bill 3936, Representative McAuliffe. Read the Bill."
"House Bill 3936, a Bill for an Act concerning local government. Second Reading of this House Bill. No Amendments. No Motions filed."
"Third Reading. On page 2 of the Calendar appears House Bill 37, Representative Don Moffitt. Read the Bill."
"House Bill 37 has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Moffitt, has been approved for consideration."
"The Gentleman from… from Knox, Representative Moffitt, on Floor Amendment #2."
"Floor Amendment #2, Mr. Speaker and Ladies and Gentlemen of the House, was an Amendment that DNR wanted on 09600037.doc 229 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 this and makes any corrections or clarifies anything that they had. And with this, it is my understanding that it makes it… there's no objection with this Amendment. So, I'd move for the adoption."
"The Gentleman moves for adoption of Floor Amendment 2 to House Bill 37. The Gentleman from Cook, Representative Dunkin, is seeking recognition. For what reason…"
"Yes, thank you…"
"…do you rise?"
"…Mr. Speaker. I rise to… if you could let the record reflect that I should have voted 'yes' on House Bill 71. I hope the record can…"
"The record will…"
"…indicate that."
"…reflect your intentions."
"Thank you."
"Seeing no further questions on House Bill 37, the Gentleman moves adoption of Floor Amendment #2. All in favor signify by 'aye'; opposed, same sign. The 'ayes' have it and Floor Amendment 2 is adopted. Mr. Clerk, any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. On page 6 of the Calendar appears House Bill 544, Representative Osmond. Read the Bill."
"House Bill 544, a Bill for an Act concerning taxes. Second Reading of this House Bill. Amendment #1 09600037.doc 230 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. On page 3 of the Calendar appears House Bill 157, Representative Poe. Out of the record. On page 5 of the Calendar appears House Bill 349, Representative Pritchard. Read the Bill."
"House Bill 349…"
"Mr. Clerk, at the request of the Sponsor, would you take that Bill out of the record. On page 7 of the Calendar appears House Bill 172. Representative Ramey. Okay, they're… Out of the record. Mr. Clerk, would you bring up House Bill 310, Representative Durkin. Read the Bill."
"House Bill 310, a Bill for an Act concerning finance. Second Reading of this House Bill. No Amendments. No Motions filed."
"Third Reading. On page 7 of the Calendar appears House Bill 625, Representative Reboletti. Out of the record. Mr. Clerk, on the Calendar appears House Bill 758, Representative Ryg. Read the Bill."
"House Bill 758, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"The Lady from Lake, Representative Ryg."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill provides that the funds that are generated from medical/matchable services for persons with disability and mental health would be deposited 100 percent into the trust funds which were created for the reinvestment of those funds for those services." 09600037.doc 231 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"The Lady moves passage of House Bill 758. And on that, the Gentleman from Crawford, Representative Roger Eddy."
"Thank you, Speaker. Will the Lady yield for a question?"
"She indicates she will."
"Representative, with the Committee Amendment, that cleared up any opposition or was… was there opposition?"
"…the Amendment actually cleared up the concerns of the Department of Human Services so that there were adequate funds for the administration of the trust funds and the distribution and allocation for the services."
"Okay. Mr. Speaker, just as a point. Usually, on the second to third, when we go back and forth, there's a bell that rings. No bell to make sure we know that we're on Third Readings so that this is a vote just to alert the Body. Thank…"
"Thank you. I… I'll…"
"Thank you."
"…acknowledge this is a Third Reading vote, Ladies and Gentlemen of the House. It's a Third Reading vote. The Lady has moved passage of House Bill 758. And on that, no one seeking recognition. The question is, 'Shall this Bill pass?' All in favor vote 'yes'; 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. 114 voting 'yes', 0 voting 'no', 0 voting 'present'. This Bill, having received Constitutional Majority, is hereby declared passed. Mr. 09600037.doc 232 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Clerk, what's the status of House Bill 234? Representative Reitz."
"House Bill 234, a Bill for an Act in relation to firearms. Third Reading of this House Bill."
"Out of the record. Mr. Clerk, what's the status of House Bill 1966?"
"House Bill 1966, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Floor Amendments 1 and 2 were adopted to the Bill today. All Motion… all Motions have been filed."
"Are there any further Motions pending? Third Reading. Mr. Clerk, on page 2 in the Calendar appears House Bill 54, Representative Reis. Read the Bill."
"House Bill 54, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been approved for consideration. No Motions filed."
"Third Reading. On page 3 of the Calendar appears House Bill 171, Representative Reis. Read the Bill."
"House Bill 171 has been read a second time, previously. No Amendments. No Motions filed."
"Third Reading. On page 38 in the Calendar appears House Bill 3714, Representative Rose. Read the Bill."
"House Bill 3714, a Bill for an Act concerning domestic violence. Third Reading of this House Bill."
"The Gentleman from Champaign, Representative Rose." 09600037.doc 233 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Mr… Mr. Speaker, I believe this Bill was on the Agreed Bill List we already voted on. I'd be happy to vote again, but… it was on the copy we voted on…"
"Let me inquire with the Clerk. Mr. Clerk. Thank you, Sir, and you are correct. The Bill has been voted on and passed. Congratulations. This is your first Bill passed twice. Mr. Clerk, what is the status of House Bill 4231? Representative Schmitz."
"House Bill 4231, a Bill for an Act concerning public health. Second Reading of this House Bill. No Amendments. No Motions filed."
"Third Reading. Mr. Clerk, on page 28 of the Calendar appears House Bill 4202, Representative Wait. Mr. Clerk, read the Bill."
"House Bill 4202, a Bill for an Act concerning civil law. Second Reading of this House Bill. Floor Amendment #1, offered by Representative Wait, has been approved for consideration."
"Representative Wait on Floor Amendment 1."
"Yes. This is just an Amendment that the veterans asked us to put on to be in conformity with the Federal Government."
Speaker Mautino: "The Gentleman moves adoption of Floor Amendment 1 to House Bill 4202. All in favor signify by saying 'aye'; opposed, same sign. The 'ayes' have it. The Amendment is adopted. Mr. Clerk, are there any further Amendments?"
"No further Amendments. No Motions filed." 09600037.doc 234 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Third Reading. Mr. Clerk, on page 25 of the Calendar appears 3874. Read the Bill. Representative Lyons."
"House Bill 3874 has been read a second time, previously. No Amendments. No Motions filed."
"Third Reading. Mr. Clerk, would you place on the board House Bill 54. Representative Reis."
"Mr. Speaker, I'd like to move that back to Second and then work on the Amendment."
"Mr. Clerk, place that Bill of Second Reading. Mr. Clerk, any Motions pending?"
"Floor Amendment #1 was referred to committee, but has not been approved for consideration. No Motions have been filed."
"Mr. Reis."
"Thank you, Mr. Speaker. In conjunction with the Sponsor of the Amendment, we'd like to withdraw Amendment #1…"
"The…"
"…and then move the Bill to Third."
"The Gentleman withdraws Amendment #1. Mr. Clerk, would you return this Bill to Third Reading. No debate. There we go on this Bill. Ladies and Gentlemen, let's see… Mr. Clerk, House Bill 183, Representative Acevedo. Out of the record. Represent… Representative Beiser on House Bill 3833. Take this out of the record. There was… at the request of the Sponsor, take that Bill out of the record. Returning to the Order of Second Readings, on page 14 of the Calendar appears House Bill 2238, Representative Berrios. Out of the record. On page 09600037.doc 235 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 27 of the Calendar appears House Bill 4141, Representative Boland. Out of the record. Page 4 of the Calendar appears House Bill 245, Representative Bradley. Out of the record. On page 9 of the Calendar appears House Bill 976, Representative Chapa LaVia. Out of the record. On page 10 of the Calendar appears House Bill 1129, Representative Collins. Out of the record. On page 28 of the Calendar appears House Bill 4165, Representative Currie. Out of the record. On page 11 of the Calendar is House Bill 1370, Representative Currie. On page 5 of the Calendar appears House Bill 419, Representative Davis. Monique Davis. Out of the record. On page 28 of the Calendar appears House Bill 4186. Read the Bill."
"House Bill 4186 has been read a second time, previously. No Committee Amendments. Floor Amendment #1 was adopted to the Bill. No Motions filed."
"Third Reading. On page 7 of the Calendar appears House Bill 681, Representative Dugan. Out of the record. On page 22 of the Calendar appears House Bill 3632, Representative Feigenholtz. Out of the record. On page 6 of the Calendar is House Bill 16, Representative Ford. Mr… Mr. Clerk, House Bill 618."
"House Bill 618 has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2 on the Bill failed. No further Amendments. All notes have been filed."
Speaker Mautino: "Third Reading. Page 18 of the Calendar appears House Bill 2547. The Gentleman from Cook, Representative Fritchey. Read the Bill." 09600037.doc 236 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"House Bill 2547, a Bill for an Act concerning civil law. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Fritchey, has been approved for consideration."
Speaker Mautino: "The Gentleman from Cook, Representative Fritchey."
"Thank you. This Amendment came at the request of the Department of Human Rights to address some of their requests. We simply ask for it to be added on and then we will discuss the Bill at the appropriate time."
"The Gentleman moves pass… moves adoption of Floor Amendment 1. All in favor signify by 'aye'; opposed, same sign. The 'ayes' have it. Floor Amendment is… 1 is adopted. Mr. Clerk, any fur… further Amendments?"
"No further Amendments. No Motions filed."
Speaker Mautino: "Third Reading. Page 27 of the Calendar appears House Bill 4051, Representative Froehlich. Read the Bill."
"House Bill 4051 has been read a second time, previously. Floor Amendment #1 was adopted to the Bill. All notes have been filed."
Speaker Mautino: "Third Reading. Page 23 of the Calendar appears House Bill 3752, Representative Jehan Gordon. Representative Gordon. Read the Bill."
"House Bill 3752, a Bill for an Act concerning financial regulations. Second Reading of this House Bill. No Committee Amendments. A Floor Amendment was filed 09600037.doc 237 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 today, but has not been approved for consideration. No Motions filed."
"Mr. Clerk, leave this Bill on Second Reading. On page 4 of the Calendar appears House Bill 245, Representative Bradley. John Bradley. Out of the record. On page 3 of the Calendar appears House Bill 181, Representative Graham. Out of the record. Mr. Clerk, on the Calendar appears House Bill 40… 4011. Representative Colvin. What's the status of that Bill?"
"House Bill 4011, a Bill for an Act concerning regulation, is on the Order of House Bills-Third Reading."
"At the request of the Sponsor return that Bill to Second Reading."
"Floor Amendment #1, offered by Representative Colvin, has been approved for consideration."
"The Gentleman from Cook, on Floor Amendment #1, Representative Colvin."
"Thank you, Mr… Thank you, Mr. Speaker. I have for the House consideration Amendment #1 to House Bill 4011. This is a gut and replace Amendment that makes a number of changes to the Bill as it was introduced. The Amendment is a negotiation between the Department of Financial and Professional Regulations and the financial mortgage industry. I will be very honest is that we removed an awful lot of the opposition, but the Bill was heard in committee yesterday with the recommend 'do adopt'. The Amendment was heard in committee. In committee, there was a commitment to continue to work on this Bill. What we're trying to do is adopt this Amendment, which removes a lot 09600037.doc 238 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 of the opposition. I think there still may be some, but we're going to continue to work on it in the Senate and bring it back, hopefully, with another Amendment that will remove all opposition to the Bill. I'd happy… be happy to answer any questions."
Speaker Mautino: "The Gentleman moves adoption of Floor Amendment 1 to House Bill 4011. All in favor signify by 'aye'; opposed, same sign. The 'ayes' have it. The Amendment's adopted. Mr. Clerk, any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Mr. Clerk, what's the status of House Bill 1129, Representative Collins?"
"House Bill 1129 has been read a second time, previously. No Amendments. No Motions filed."
"Third Reading. Mr. Clerk, on the Calendar appears House Bill 4245, Representative Reis. Read the Bill."
"House Bill 4245, a Bill for an Act concerning State Government. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2 was adopted to the Bill. All Motions have been filed."
"Third Reading. Mr. Clerk, on page 9 of the Calendar appears House Bill 994, Representative Harris. Read the Bill."
Clerk Mahoney: "House Bill 994, a Bill for an Act making appropriations. Second Reading of this House Bill. No Amendments. No Motions filed." 09600037.doc 239 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Third Reading. Mr. Clerk, on page 9 of the Calendar appears House Bill 917, Representative Hernandez. Read the Bill."
"House Bill 917, a Bill for an Act concerning public aid. Second Reading of this House Bill. No Amendments. No Motions filed."
"Third Reading. On page 14 of the Calendar appears House Bill 2264, Representative Holbrook. Read the Bill."
"House Bill 2264, a Bill for an Act concerning safety. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Mr. Clerk, on page 9 of the Calendar appears House Bill 936, Representative Jakobsson. Read the Bill."
"House Bill 936, a Bill for an Act concerning civil law. Second Reading of this House Bill. Floor Amendment #1, offered by Representative Jakobsson, has been approved for consideration."
"Representative Jakobsson on Floor Amendment #1."
"Thank you, Mr. Speaker. Amendment #1 to House Bill 936 just adds that when the rental unit… it changes what was in there, saying that when the rental unit is on the market for the next rental period, rather than 60 days ahead of time."
"The Lady moves adoption of Floor Amendment #1. No one seeking recognition, question… all in favor say 09600037.doc 240 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 'aye'; opposed 'no'. The 'ayes' have it and the Amendment is adopted. Mr. Clerk, any further Amendments?"
"No further Amendments. No Motions filed."
Speaker Mautino: "Third Reading. Page 11 of the Calendar appears House Bill 1345, Representative Joyce. Read the Bill."
"House Bill 1345, a Bill for an Act concerning government. Second Reading of this House Bill. No Amendments. No Motions filed."
"Third Reading. On page 2 of the Calendar appears House Bill 79, Representative Lang. Read the… excuse me. Out of the record. On page 22 of the Calendar appears House Bill 3680, Representative McAsey. Read the Bill."
"House Bill 3680, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Amendments. No Motions filed."
Speaker Mautino: "Third Reading. Page 27 of the Calendar appears House Bill 4015, Representative McCarthy. Read the Bill."
"House Bill 4015, a Bill for an Act concerning public employee benefits. Second Reading of this House Bill. Floor Amendment #1, offered by Representative McCarthy, has been approved for consideration."
Speaker Mautino: "The Gentleman from Cook, Representative McCarthy, on Floor Amendment #1."
"Thank you, Mr. Speaker. After passing this out of committee, we realized that there was another qual… qualified worker called H5. We had H4 and H6. We were 09600037.doc 241 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 under the belief that they skipped from H4 to H6, but there were H5 structural workers at one point, so we wanted to add them into the Bill."
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's adopted. Mr. Clerk, any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Mr. Clerk, on page 10 of the Calendar is House Bill 1125, Representative Miller. Out of the record. On page 17, House Bill 2485 appears, Representative Nekritz. Read the Bill."
"House Bill 2485 has been read a second time, previously. Floor Amendment #1 was adopted to the Bill. No other Floor Amendments have been approved for consideration. All notes have been filed."
"Third Reading. On the Calendar appears House Bill 1086, Representative Reitz. Read the Bill."
"House Bill 1086 has been… a Bill for an Act concerning local government, has been read a second time, previously. No Amendments. No Motions filed."
"Representative Reitz."
"Thank you, Mr. Speaker. House Bill 1085 will just extend a TIF for the Village of Steeleville, and there was another one in there, some cleanup language on… on another town. I'd be happy to answer any questions."
"Representative, the… the Bill is 1086, and that is on Second Reading. That… we'll move that to Third. 09600037.doc 242 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Correct. That Bill will stay on Third. Mr. Clerk, House Bill 3652."
"House Bill 3652, a Bill for an Act concerning government. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. House Bill 44, Mr. Clerk. Representative Arroyo."
"House Bill 44, a Bill for an Act concerning public health. It's been read a sec…"
"Out of the record. On page 9, House Bill 878, Representative Beiser. Out of the record. Mr. Clerk, House Bill 4158, Representative Brosnahan. Out of the record. House Bill… On House Bill 4158, Representative Brosnahan. Mr. Clerk, read the Bill."
"House Bill 4158, a Bill for an Act concerning local government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have approved for consideration; however, Floor Amendment #1 was filed today and not yet approved. No Motions filed."
"Third Reading. Mr. Clerk, on the Calendar appears House Bill 2871, Representative Bassi. Read the Bill."
"House Bill 2871, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been approved for consideration. No Motions filed."
"Third Reading. Mr. Clerk, House Bill 2845, Representative Bellock. Representative Bellock, do you 09600037.doc 243 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 wish this Bill read? Out of the record. Representative Black. Out of the record. House Bill 3136, Representative Black. Out of the record. House Bill 3236, Representative Brady. Out of the record. House Bill 3903, Chapa LaVia. Representative Chapa LaVia, would you like this Bill read on the second time on Second? Read the Bill."
"House Bill 3903, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Amendments. No Motions filed."
Speaker Mautino: "Third Reading. House Bill 1129, Representative Collins. Out of the record. House Bill 3257, Representative Cole. Read the Bill."
"House Bill 3257, a Bill for an Act concerning regulations. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been approved for consideration. No Motions filed."
Speaker Mautino: "Third Reading. House Bill 3189, Representative Connelly. House Bill 3189. Read the Bill."
"House Bill 3189, a Bill for an Act concerning finance. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been approved for consideration. No Motions filed."
"Leave this Bill on Second Reading. House Bill 2766, Representative Coulson. Representative Coulson. Out of the record. House Bill 1035, Representative Flider. Read the Bill."
"House Bill 1035, a Bill for an act concerning education. Second Reading of this House Bill. No Amendments. No Motions filed." 09600037.doc 244 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
Speaker Mautino: "Third Reading. House Bill 1125, Representative Miller. Read the Bill."
"House Bill 1125, a Bill for an Act concerning appropriations. Second Reading of this House Bill. No Amendments. No Motions filed."
"Third Reading. Representative Ford on House Bill 67. Read the Bill."
"House Bill 67, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments have been approved for consideration. No Motions filed."
"Hold this Bill on Second. House Bill 3258, Representative Fortner. Read the Bill."
"House Bill 3258, a Bill for an Act concerning regulations. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been approved. No Motions filed."
Speaker Mautino: "Hold this Bill on Second Reading. Representative… Representative Kosel, House Bill 3075. Representative Kosel on 3075. Out of the record. Mr. Clerk, place House Bill 3075 on the board and read the Bill."
"House Bill 3075, a Bill for an Act concerning health. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been approved for consideration. No Motions filed."
Speaker Mautino: "Leave this Bill on Second Reading. Mr. Clerk, read House Bill 3005. Representative Mitchell." 09600037.doc 245 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"House Bill 3005, a Bill for an Act concerning government. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1 has been referred to the House Rules Committee. No Motions filed."
"Leave… leave this Bill on Second Reading. Mr. Clerk, read House Bill 366. Representative Franks. Read the Bill."
"House Bill 366 has been read a second time, previously. Floor Amendment… Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Franks, has been approved for consideration."
"The Gentleman from McHenry, Representative Franks, on Floor Amendment 2."
"Mr. Speaker, we're also looking… I don't know if you have Floor Amendment #3 as well. Okay. I understand that. We'll take it out of the record if we could."
"Take this Bill out of the record. Leave it… leave it on Second Reading. Mr. Clerk, House Bill 3245. Representative Eddy. Read the Bill."
"House Bill 3245, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. Floor Amendments 1 and 2 were referred to the House Committee on Rules, but not approved for consideration. No Motions filed."
"Hold that Bill on Second Reading. House Bill 2003, Representative Fritchey. Out of the record. Clerk, committee schedule."
"The following committees will meet immediately upon adjournment: Agriculture and Conservation in Room 09600037.doc 246 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 122B; Cities and Villages in Room 115; Executive in Room 118; Judiciary I-Civil Law in Room D-1; Revenue and Finance in Room C-1; and State Government in Room 114. At 7:00 p.m., the following committees will meet: Counties and Townships is Room 115; Elections and Campaign Reform in Room C-1; Healthcare Licenses in Room D-1; Insurance in Room 118; Personnel and Pensions in room 122B. The following committees will meet at 7:15 p.m.: Healthcare Availability and Accessibility in Room 118; Disability Services in Room D-1; Judiciary II-Criminal Law in Room C- 1; and Vehicle Safety in Room 122B. Tomorrow morning, Thursday, April 2, the following committees will meet at 8:00 a.m. in the morning: Appropriations-Higher Education in Room 118 and Appropriations-Human Services in Room 114. One committee has been canceled for tomorrow. The 9:30 committee for Transportation Regulation-Roads and Bridges has been canceled."
"Mr. Clerk, Agreed Resolutions."
Clerk Bolin: "Agreed Resolutions. House Resolution 247, offered by Representative Dugan and House Resolution 249, offered by Representative Poe."
Speaker Mautino: "Representative Currie moves to adopt the Agreed Resolutions. All in favor signify by 'aye'; opposed, same sign. The 'ayes' have it and the Agreed Resolutions are adopted. The Gentleman from White, Representative Phelps, is seeking recognition for what reason do you rise?"
"Purpose for an announcement."
"Proceed." 09600037.doc 247 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009
"Thank you, Mr. Speaker. The House Ag and Conservation Committee will be canceled for this afternoon. Thank you."
Speaker Mautino: "Allowing perfunctory time for the Clerk, Representative Currie now moves the House stand adjourned until Thursday, April 2, at 9:30 a.m. All in favor say 'aye'; opposed say 'nay'. The 'ayes' have it and the House stands adjourned."
"The House Perfunctory Session will come to order. Introduction and First Reading of Senate Bills. Senate Bill 1544, offered by Representative Jakobsson, a Bill for an Act concerning finance. Senate Bill 1563, offered by Representative Colvin, a Bill for an Act concerning children. Senate Bill 1576, offered by Representative Harris, a Bill for an Act concerning State Government. Senate Bill 1587, offered by Representative Bradley, a Bill for an Act concerning land. Senate Bill 1590, offered by Representative Pihos, a Bill for an Act concerning civil law. Senate Bill 1591, offered by Representative Mathias, a Bill for an Act concerning government. Senate Bill 1254, offered by Representative Burke, a Bill for an Act concerning regulation. Senate Bill 1272, offered by Representative Cross, a Bill for an Act in relation to public employee benefits. Senate Bill 1276, offered by Representative Tryon, a Bill for an Act concerning civil law. Senate Bill 1422, offered by Representative Brosnahan, a Bill for an Act concerning financial regulation. Senate Bill 1433, offered by Representative Careen Gordon, a Bill for an Act concerning finance. Senate Bill 1522, offered by Representative Mendoza, a Bill 09600037.doc 248 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 for an Act concerning revenue. Senate Bill 1557, offered by Representative Hernandez, a Bill for an Act concerning education. Senate Bill 1570, offered by Representative Froehlich, a Bill for an Act concerning schools. Senate Bill 1579, offered by Representative Nekritz, a Bill for an Act concerning professions and occupations. Senate Bill 1582, offered by Representative Mathias, a Bill for an Act concerning judges. Senate Bill 1690, offered by Representative Jakobsson, a Bill for an Act concerning environmental safety. Senate Bill 1704, offered by Representative Ford, a Bill for an Act concerning regulation. Senate Bill 1725, offered by Representative Turner, a Bill for an Act concerning criminal law. Senate Bill 1769, offered by Representative May, a Bill for an Act concerning safety. Senate Bill 1809, offered by Representative Pritchard, a Bill for an Act concerning insurance. Senate Bill 1629, offered by Representative Hamos, a Bill for an Act concerning public aid. Senate Bill 1670, offered by Representative Farnham, a Bill for an Act concerning judges. Senate Bill 1698, offered by Representative Hamos, a Bill for an Act concerning education. Senate Bill 1705, offered by Representative Lyons, a Bill for an Act concerning public employee benefits. Senate Bill 1706, offered by Representative Reboletti, a Bill for an Act concerning criminal law. Senate Bill 1729, offered by Representative Hamos, a Bill for an Act concerning transportation. Senate Bill 1743, offered by Representative Cavaletto, a Bill for an Act concerning employment. Senate Bill 1750, offered by 09600037.doc 249 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Representative Tryon, a Bill for an Act concerning revenue. Senate Bill 1770, offered by Representative Harris, a Bill for an Act concerning employment. Senate Bill 1776, offered by Representative Cross, a Bill for an Act concerning State Government. Senate Bill 1783, offered by Representative Sacia, a Bill for an Act concerning local government. Senate Bill 1784, offered by Representative Sacia, a Bill for an Act concerning local government. Senate Bill 1796, offered by Representative Jerry Mitchell, a Bill for an Act concerning education. Senate Bill 1801, offered by Representative Mathias, a Bill for an Act concerning elections. Senate Bill 1827, offered by Representative Beaubien, a Bill for an Act concerning public employee benefits. Senate Bill 1830, offered by Representative Black, a Bill for an Act concerning professional regulation. Senate Bill 1833, offered by Representative Rita, a Bill for an Act concerning transportation. Senate Bill 1843, offered by Representative Durkin, a Bill for an Act concerning criminal law. Senate Bill 1847, offered by Representative Graham, a Bill for an Act concerning education. Senate Bill 1866, offered by Representative Will Davis, a Bill for an Act concerning transportation. Senate Bill 1868, offered by Representative Froehlich, a Bill for an Act concerning local government. Senate Bill 1896, offered by Representative Hoffman, a Bill for an Act concerning criminal law. Senate Bill 1897, offered by Representative Mautino, a Bill for an Act concerning transportation. Senate Bill 1912, offered by Representative Black, a Bill 09600037.doc 250 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 for an Act concerning State Government. Senate Bill 1917, offered by Representative Dunkin, a Bill for an Act concerning regulation. Senate Bill 1919, offered by Representative May, a Bill for an Act concerning safety. Senate Bill 1920, offered by Representative Flider, a Bill for an Act concerning civil law. Senate Bill 1927, offered by Representative Ryg, a Bill for an Act concerning regulation. Senate Bill 1930, offered by Representative Ryg, a Bill for an Act concerning civil law. Senate Bill 1937, offered by Representative Verschoore, a Bill for an Act concerning gaming. Senate Bill 1938, offered by Speaker Madigan, a Bill for an Act concerning courts. Senate Bill 1942, offered by Representative McAuliffe, a Bill for an Act concerning revenue. Senate Bill 1944, offered by Representative Hoffman, a Bill for an Act concerning education programs. Senate Bill 1955, offered by Representative Hoffman, a Bill for an Act concerning State Government. Senate Bill 1970, offered by Representative Connelly, a Bill for an Act concerning charitable organizations. Senate Bill 1877, offered by Representative Mathias, a Bill for an Act concerning insurance. Senate Bill 1885, offered by Representative Senger, a Bill for an Act concerning education. Senate Bill 1905, offered by Representative Dugan, a Bill for an Act concerning State Government. Senate Bill 1933, offered by Representative Cross, a Bill for an Act concerning civil law. Senate Bill 1828, offered by Representative Smith, a Bill for an Act concerning education. Senate Bill 1662, offered by Representative Mathias, a Bill for an Act 09600037.doc 251 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 concerning elections. Senate Bill 1665, offered by Representative Verschoore, a Bill for an Act concerning education, which may be referred to as Brandon's Law. Senate Bill 1668, offered by Representative Bassi, a Bill for an Act concerning criminal law. Senate Bill 1677, offered by Representative Rose, a Bill for an Act concerning State Government. Senate Bill 1683, offered by Representative Osmond, a Bill for an Act concerning insurance. Senate Bill 1685, offered by Representative Lyons, a Bill for an Act concerning public health. Senate Bill 1691, offered by Representative Mathias, a Bill for an Act concerning revenue. Senate Bill 1592, offered by Representative Tryon, a Bill for an Act concerning government. Senate Bill 1595, offered by Representative Ryg, a Bill for an Act concerning gaming. Senate Bill 1611, offered by Representative Hoffman, a Bill for an Act in relation to public employee benefits. Senate Bill 1617, offered by Representative Chapa LaVia, a Bill for an Act concerning regulation. Senate Bill 1621, offered by Representative Mathias, a Bill for an Act concerning financial regulation. Senate Bill 1623, offered by Representative Walker, a Bill for an Act concerning State Government. Senate Bill 1624, offered by Representative Walker, a Bill for an Act concerning education. Senate Bill 1628, offered by Representative Mell, a Bill for an Act concerning children. Senate Bill 1631, offered by Representative Lang, a Bill for an Act concerning property. Senate Bill 1974, offered by Representative McCarthy, a Bill for an Act concerning public employee benefits. 09600037.doc 252 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Senate Bill 1984, by Representative Monique Davis, a Bill for an Act concerning education. Senate Bill 1995, offered by Representative Chapa LaVia, a Bill for an Act concerning finance. Senate Bill 2002, offered by Representative Beaubien, a Bill for an Act concerning finance. Senate Bill 2011, offered by Representative Saviano, a Bill for an Act concerning public employee benefits. Senate Bill 2034, offered by Representative Holbrook, a Bill for an Act concerning safety. Senate Bill 2045, offered by Representative McAuliffe, a Bill for an Act concerning State Government. First Reading of these Senate Bills."
Clerk Mahoney: "House Bills-Second Reading. The following Bills will be read a second time and held on the Order of House Bills-Second Reading. House Bill 1, a Bill for an Act concerning revenue. House Bill 6, a Bill for an Act concerning State Government. House Bill 29, a Bill for an Act concerning insurance. House Bill 34, a Bill for an Act concerning education. House Bill 64, a Bill for an Act concerning regulation. House Bill 79, a Bill for an Act concerning education. House Bill 149, a Bill for an Act concerning regulation. House Bill 157, a Bill for an Act concerning public employee benefits. House Bill 181, a Bill for an Act concerning insurance. House Bill 183, a Bill for an Act concerning vehicles. House Bill 198, a Bill for an Act concerning dog breeders. House Bill 209, a Bill for an Act concerning education. House Bill 220, a Bill for an Act concerning revenue. And House Bill 245, a Bill for an Act in relation to firearms. House Bill 250, a Bill for an Act concerning revenue. House Bill 262, a Bill 09600037.doc 253 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 for an Act to abolish the death penalty. House Bill 274, a Bill for an Act concerning regulation. House Bill 297, a Bill for an Act concerning State Government. House Bill 354, a Bill for an Act concerning revenue. House Bill 363, a Bill for an Act concerning education. House Bill 374, a Bill for an Act concerning civil law. House Bill 384, a Bill for an Act concerning appropriations. House Bill 385, a Bill for an Act concerning appropriations. House Bill 388, a Bill for an Act concerning public aid. House Bill 412, a Bill for an Act concerning education. House Bill 419, a Bill for an Act concerning criminal law. House Bill 444, a Bill for an Act concerning State Government. House Bill 481, a Bill for an Act concerning education. House Bill 486, a Bill for an Act concerning regulation. House Bill 492, a Bill for an Act concerning government. House Bill 494, a Bill for an Act concerning civil law. House Bill 4… Correction. House Bill 528, a Bill for an Act concerning business. House Bill 565, a Bill for an Act concerning public aid. House Bill 571, a Bill for an Act concerning State Government. House Bill 609, a Bill for an Act concerning appropriations. House Bill 616, a Bill for an Act concerning finance. House Bill 625, a Bill for an Act concerning criminal law. House Bill 626, a Bill for an Act concerning insurance. House Bill 628, a Bill for an Act concerning education. House Bill 642, a Bill for an Act concerning transportation. House Bill 649, a Bill for an Act concerning business. House Bill 660, a Bill for an Act concerning appropriations. House Bill 663, a Bill for an Act concerning local government. House Bill 674, a Bill 09600037.doc 254 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 for an Act concerning wildlife. House Bill 681, a Bill for an Act concerning transportation. House Bill 687, a Bill for an Act concerning firearms. House Bill 704, a Bill for an Act concerning local government. House Bill 728, a Bill for an Act concerning utilities. House Bill 731, a Bill for an Act concerning insurance. House Bill 738, a Bill for an Act concerning education. House Bill 749, a Bill for an Act concerning finance. House Bill 753, a Bill for an Act concerning State Government. House Bill 764, a Bill for an Act concerning wildlife. House Bill 765, a Bill for an Act concerning expunged and sealed records. House Bill 766, a Bill for an Act concerning public aid. House Bill 825, a Bill for an Act concerning elections. House Bill 835, a Bill for an Act concerning education. House Bill 853, a Bill for an Act concerning transportation. House Bill 858, a Bill for an Act concerning State Government. House Bill 875, a Bill for an Act concerning regulation. House Bill 878, a Bill for an Act concerning sport shooting and training ranges. House Bill 8… Correction. House Bill 940, a Bill for an Act concerning regulation. House Bill 951, a Bill for an Act concerning appropriations. House Bill 955, a Bill for an Act concerning education. House Bill 964, a Bill for an Act concerning safety. House Bill 967, a Bill for an Act concerning civil law. House Bill 974, a Bill for an Act concerning safety. House Bill 976, a Bill for an Act concerning regulation. House Bill 989, a Bill for an Act concerning appropriations. House Bill 9… Correction. House Bill 1037, a Bill for an Act concerning transportation. House Bill 1041, a Bill for an Act 09600037.doc 255 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 concerning public employee benefits. House Bill 1063, a Bill for an Act concerning appropriations. House Bill 1074, a Bill for an Act concerning criminal law. House Bill 1076, a Bill for an Act concerning finance. House Bill 1106, a Bill for an Act concerning education. House Bill 1124, a Bill for an Act concerning revenue. House Bill 1135, a Bill for an Act concerning local government. House Bill 1146, a Bill for an Act concerning employment. House Bill 1147, a Bill for an Act concerning criminal law. House Bill 1196, a Bill for an Act concerning revenue. House Bill 1200, a Bill for an Act concerning finance. House Bill 1201, a Bill for an Act concerning finance. House Bill 120… 1283, a Bill for an Act concerning finance. House Bill 1295, a Bill for an Act concerning conservation. House Bill 1312, a Bill for an Act concerning sex offenders. House Bill 1346, a Bill for an Act concerning transportation, which may be referred to as Randy's Law. House Bill 1349, a Bill for an Act concerning civil law. House Bill 1350, a Bill for an Act concerning health. House Bill 1351, a Bill for an Act concerning public aid. House Bill 1361, a Bill for an Act concerning education. House Bill 1367, a Bill for an Act concerning government. House Bill 1370, a Bill for an Act concerning government. House Bill 1388, a Bill for an Act concerning elections. House Bill 1389, a Bill for an Act concerning elections. House Bill 1390, a Bill for an Act concerning elections. House Bill 1470, a Bill for an Act concerning State Government. House Bill 1499, a Bill for an Act concerning State Government. House Bill 1516, a Bill for an Act 09600037.doc 256 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 concerning finance. House Bill 1517, a Bill for an Act concerning finance. House Bill 1518, a Bill for an Act concerning finance. House Bill 1528, a Bill for an Act concerning revenue. House Bill 1545, a Bill for an Act concerning revenue. House Bill 1546, a Bill for an Act concerning revenue. House Bill 1594, a Bill for an Act concerning local government. House Bill 1597, a Bill for an Act concerning local government. House Bill 1627, a Bill for an Act concerning local government. House Bill 15… 1652, a Bill for an Act concerning education. House Bill 1683, a Bill for an Act concerning education. House Bill 1704, a Bill for an Act concerning regulation. House Bill 1723, a Bill for an Act concerning regulation. House Bill 1734, a Bill for an Act concerning regulation. House Bill 1753, a Bill for an Act concerning regulation. House Bill 1811, a Bill for an Act concerning housing. House Bill 1825, a Bill for an Act concerning children. House Bill 1855, a Bill for an Act concerning safety. House Bill 8… Correction. House Bill 1963, a Bill for an Act concerning criminal law. House Bill 1964, a Bill for an Act concerning criminal law. House Bill 1965, a Bill for an Act concerning criminal law. House Bill 1993, a Bill for an Act concerning criminal law. House Bill 1994, a Bill for an Act concerning criminal law. House Bill 2003, a Bill for an Act concerning civil law. House Bill 2004, a Bill for an Act concerning civil law. House Bill 2006, a Bill for an Act concerning civil law. House Bill 2104, a Bill for an Act concerning employment. House Bill 2236, a Bill for an Act concerning child support. House Bill 2238, 09600037.doc 257 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 a Bill for an Act concerning insurance. House Bill 2241, a Bill for an Act in relation to budget implementation. House Bill 2242, a Bill for an Act in relation to budget implementation. House Bill 2243, a Bill for an Act in relation to budget implementation. House Bill 2248, a Bill for an Act concerning human rights. House Bill 2257, a Bill for an Act concerning firearms. House Bill 2259, a Bill for an Act concerning government. House Bill 2271, a Bill for an Act concerning local government. House Bill 2300, a Bill for an Act concerning public aid. House Bill 2301, a Bill for an Act concerning public aid. House Bill 2302, a Bill for an Act concerning human rights. House Bill 2319, a Bill for an Act concerning revenue. House Bill 2320, a Bill for an Act concerning transportation. House Bill 2324, a Bill for an Act concerning public employee benefits. House Bill 2341, a Bill for an Act concerning employment. House Bill 2354, a Bill for an Act concerning public health. House Bill 2360, a Bill for an Act concerning regulation. House Bill 2363, a Bill for an Act concerning revenue. House Bill 2375… 2375, a Bill for an Act concerning criminal law. House Bill 2376, a Bill for an Act concerning finance. House Bill 2392, a Bill for an Act concerning State Government. House Bill 2393, a Bill for an Act concerning criminal law. House Bill 2401, a Bill for an Act concerning State Government. House Bill 2406, a Bill for an Act concerning forest preserve districts. House Bill 2413, a Bill for an Act concerning State Government. House Bill 2422, a Bill for an Act concerning public employee benefits. House Bill 2434, a 09600037.doc 258 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Bill for an Act concerning safety. House Bill 2436, a Bill for an Act concerning public aid. House Bill 2441, a Bill for an Act concerning professional regulation. House Bill 2446, a Bill for an Act concerning health. House Bill 2454, a Bill for an Act concerning conservation. House Bill 2463, a Bill for an Act concerning courts. House Bill 2465, a Bill for an Act concerning local government. House Bill 2466, a Bill for an Act concerning public safety officers. House Bill 2472, a Bill for an Act concerning revenue. House Bill 2473, a Bill for an Act concerning professional regulation. House Bill 2476, a Bill for an Act concerning State Government. House Bill 2477, a Bill for an Act concerning professional regulation. House Bill 2478, a Bill for an Act concerning professional regulation. House Bill 2479, a Bill for an Act concerning government. House Bill 2480, a Bill for an Act concerning professional regulation. House Bill 2482, a Bill for an Act concerning insurance. House Bill 2498, a Bill for an Act concerning professional regulation. House Bill 2509, a Bill for an Act concerning education. House Bill 2510, a Bill for an Act concerning civil law. House Bill 2514, a Bill for an Act concerning alternative treatment for serious diseases causing chronic pain and debilitating conditions. House Bill 2516, a Bill for an Act concerning counties. House Bill 2528, a Bill for an Act concerning utilities. House Bill 2549… 2549, a Bill for an Act concerning revenue. House Bill 2589, a Bill for an Act concerning wildlife. House Bill 2602, a Bill for an Act concerning public employee benefits. House Bill 2616, a Bill for an Act 09600037.doc 259 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 concerning revenue. House Bill 2620… Correction. House Bill 2629, a Bill for an Act concerning elections. House Bill 2633, a Bill for an Act concerning criminal law. House Bill 2634, a Bill for an Act concerning public aid. House Bill 2645, a Bill for an Act concerning local government. House Bill 2652, a Bill for an Act concerning insurance. House Bill 2654, a Bill for an Act concerning State Government. House Bill 2662, a Bill for an Act concerning children. House Bill 2671, a Bill for an Act concerning criminal law. House Bill 2672, a Bill for an Act concerning criminal law. House Bill 2676, a Bill for an Act concerning education. House Bill 2691, a Bill for an Act concerning health. House Bill 2694, a Bill for an Act concerning state benefits. House Bill 2703, a Bill for an Act concerning animals. House Bill 2734, a Bill for an Act concerning revenue. House Bill 2770, a Bill for an Act concerning children. House Bill 2782, a Bill for an Act concerning State Government. House Bill 2807, a Bill for an Act concerning education. House Bill 2845, a Bill for an Act concerning civil law. House Bill 2881, a Bill for an Act concerning education. House Bill 2911, a Bill for an Act concerning education. House Bill 2914, a Bill for an Act concerning revenue. House Bill 2946, a Bill for an Act concerning revenue. House Bill 2550… 2950, a Bill for an Act concerning revenue. House Bill 2987, a Bill for an Act concerning elections. House Bill 3005, a Bill for an Act concerning government. House Bill 3005, again, Second Reading, a Bill for an Act concerning government. House Bill 3075, a Bill for an Act concerning health. House Bill 09600037.doc 260 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 3111, a Bill for an Act concerning local government. House Bill 3112, a Bill for an Act concerning local government. House Bill 3114, a Bill for an Act concerning local government. House Bill 3136, a Bill for an Act concerning local government. House Bill 3146, a Bill for an Act concerning local government. House Bill 3181, a Bill for an Act concerning public employee benefits. House Bill 3204, a Bill for an Act concerning veterans. House Bill 3236, a Bill for an Act concerning regulation. House Bill 3245, a Bill for an Act concerning education. House Bill 30… Correct. House Bill 3260, a Bill for an Act concerning regulation. House Bill 3264, a Bill for an Act concerning regulation. House Bill 3307, a Bill for an Act concerning local government. House Bill 333… 3322, House Bill 3322, a Bill for an Act concerning transportation. House Bill 3323, a Bill for an Act concerning transportation. House Bill 3350, a Bill for an Act concerning criminal law. House Bill 3397, a Bill for an Act concerning criminal law. House Bill 3599, a Bill for an Act concerning safety. House Bill 3600, a Bill for an Act concerning education. House Bill 3610, a Bill for an Act concerning public aid. House Bill 3629, a Bill for an Act concerning identification. House Bill 3631, a Bill for an Act concerning employment. House Bill 3632, a Bill for an Act concerning finance. House Bill 3639, a Bill for an Act concerning insurance. House Bill 3650, a Bill for an Act concerning insurance. House Bill 3654, a Bill for an Act concerning regulation. House Bill 3655, a Bill for an Act concerning public employee benefits. House Bill 3659, a 09600037.doc 261 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Bill for an Act concerning revenue. House Bill 3675, a Bill for an Act concerning revenue. House Bill 3685, a Bill for an Act concerning animals. House Bill 3687, a Bill for an Act concerning education. House Bill 3688, a Bill for an Act concerning education. House Bill 36… House Bill 3703, a Bill for an Act concerning business. House Bill 3706, a Bill for an Act concerning courts. House Bill 3709, a Bill for an Act concerning wildlife. House Bill 3715, a Bill for an Act concerning transportation. House Bill 3722, a Bill for an Act concerning public employee benefits. House Bill 3725, a Bill for an Act concerning business. House Bill 3735, a Bill for an Act concerning regulation. House Bill 3738, a Bill for an Act concerning revenue. House Bill 3749, a Bill for an Act concerning insurance. House Bill 3752, a Bill for an Act concerning financial regulation. House Bill 3753, a Bill for an Act concerning employment. House Bill 3759, a Bill for an Act concerning professional regulation. House Bill 3762, a Bill for an Act concerning civil law. House Bill 3782, a Bill for an Act concerning movable soccer goals. House Bill 3791, a Bill for an Act concerning criminal law. House Bill 3792, a Bill for an Act concerning safety. House Bill 3796, a Bill for an Act concerning insurance. House Bill 3798, a Bill for an Act concerning public employee benefits. House Bill 3802, a Bill for an Act concerning government. House Bill 3814, a Bill for an Act concerning public health. House Bill 3817, a Bill for an Act concerning safety. House Bill 3820, a Bill for an Act concerning revenue. House Bill 3822, a Bill for an Act 09600037.doc 262 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 concerning revenue. House Bill 3823, a Bill for an Act concerning insurance. House Bill 3831, a Bill for an Act concerning revenue. House Bill 3834, a Bill for an Act concerning regulation. House Bill 3840, a Bill for an Act concerning public employee benefits. House Bill 3857, a Bill for an Act concerning nuisance activity abatement. House Bill 3860, a Bill for an Act concerning employment. House Bill 3861, a Bill for an Act concerning insurance. House Bill 3864… 3864, House Bill… for… a Bill for an Act concerning financial regulation. House Bill 3865, a Bill for an Act concerning aging. House Bill 3870, a Bill for an Act concerning public employee benefits. House Bill 3873, a Bill for an Act concerning safety. House Bill 3881, a Bill for an Act concerning civil law. House Bill 3886, a Bill for an Act concerning powers of attorney. House Bill 3887, a Bill for an Act concerning animals. House Bill 3888, a Bill for an Act concerning animals. House Bill 3923, House Bill 3923, a Bill for an Act concerning insurance. House Bill 3926, a Bill for an Act concerning health. House Bill 3928, a Bill for an Act concerning appropriations. House Bill 3946, a Bill for an Act concerning civil law. House Bill 3948, a Bill for an Act concerning revenue. House Bill 3960, a Bill for an Act concerning children. House Bill 3961, a Bill for an Act concerning criminal law. House Bill 3965, a Bill for an Act concerning business. House Bill 3989, a Bill for an Act concerning wildlife. House Bill 4012, a Bill for an Act concerning State Government. House Bill 4037, a Bill for an Act concerning elections. House Bill 4043, a Bill 09600037.doc 263 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 for an Act concerning insurance. House Bill 4075, a Bill for an Act concerning property. House Bill 4079… House Bill 4079, a Bill for an Act concerning professional regulation. House Bill 4114, a Bill for an Act concerning insurance. House Bill 4141, a Bill for an Act concerning civil law. House Bill 4145, a Bill for an Act concerning State Government. House Bill 4148, a Bill for an Act concerning public health. House Bill 4154, a Bill for an Act concerning health. House Bill 4165, a Bill for an Act concerning government. House Bill 4190, a Bill for an Act concerning finance. House Bill 4196, a Bill for an Act concerning civil law. House Bill 4215, a Bill for an Act concerning State Government. House Bill 40… 4230… House Bill 4230, a Bill for an Act concerning State Government. House Bill 4239, a Bill for an Act concerning gaming. House Bill 4240, a Bill for an Act concerning government. House Bill 4320, a Bill for an Act concerning ethics reform. House Bill 4321, a Bill for an Act concerning utilities. House Bill 4323, a Bill for an Act concerning schools. House Bill 40… Correction. House Bill 1628, a Bill for an Act concerning local governments. Second Reading. These Bills will be read on the Order of Second Reading and held on the Order of Second Reading. House Bill 1713, a Bill for an Act concerning regulation. House Bill 1967, a Bill for an Act concerning criminal law. House Bills… House Bill 2750, a Bill for an Act concerning transportation. House Bill 2921, a Bill for an Act concerning revenue. House Bill 3566, a Bill for an Act concerning transportation. House Bill 3574, a Bill for an 09600037.doc 264 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 Act concerning local government, and House Bill 3698, a Bill for an Act concerning State Government. Committee schedules. Committee Reports, that is. Committee Reports. Correction. Committee Reports. Representative Flowers, Chairperson for the Committee on Health Care Availability Access, which the following measures were referred, action taken on April 1, 2009, reported the same back with the following recommendations: 'recommends be adopted' Floor Amendment #3 to House Bill 3923. Representative Monique Davis, Chairperson for the Committee on Insurance, which the following measures were referred, action taken on April 1, 2009, reported the same back with the following recommendations: 'recommends be adopted' Floor Amendment #2 to House Bill 2238. Representative Froehlich, Chairperson for the Committee on Cities and Villages, which the following measures were referred, action taken on April 1, 2009, reported the same back with the following recommendations: 'recommends be adopted' Floor Amendment #2 to House Bill 3112. Representative Bradley, Chairperson for the Committee on Revenue and Finance, which the following measures were referred, action taken on April 1, 2009, reported the same back with the following recommendations: 'recommends be adopted' is Floor Amendment #1 to House Bill 1546. Representative Howard, Chairperson for the Committee on the Committee on Judiciary-Criminal Law, which the following measures were referred, action taken on April 1, 2009, reported the same back with the following recommendations: 'recommends be adopted' is Floor Amendment #2 to House Bill 67 and Floor Amendment #1 to 09600037.doc 265 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 House Bill 3350. Representative Verschoore, Chairperson on the Committee on Counties and Townships, which the following measures were referred, action taken on April 1, 2009, reported the same back with the following recommendations: 'recommends be adopted' Floor Amendment #2 to House Bill 2516. Representative Nekritz, Chairperson for the Committee on Elections and Campaign Reform, which the following measures were referred, action taken on April 1, 2009, reported the same back with the following measure… following recommendations: 'recommends be adopted' is Floor Amendment #1 to House Bill 3111. Representative Ryg, Chairperson of the Committee on Disability Services, which the following measures were referred, action taken on April 1, 2009, reported the same back with the following recommendations: 'recommends be adopted' is Floor Amendment #1 to House Bill 2845. Representative Reitz, Chairperson for the Committee of Health Care License, which the following measures were referred, action taken on April 1, 2009, reported the same back with the following recommendations: 'recommends be adopted' is Floor Amendment #1 to House Bill 3258. Representative Fritchey, Chairperson for the Committee on Judiciary-Civil Law, which the following measures were referred, action taken on April 1, 2009, reported the same back with the following recommendations: 'recommends be adopted' Floor Amendment #1 to House Bill 2003 and Floor Amendment #1 to House Bill 2782. Representative Franks, Chairperson of the Committee on State Government Administration, which the following measures were referred, action taken on April 1, 2009, 09600037.doc 266 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/1/2009 reported the same back with the following recommendations: 'recommends be adopted' Floor Amendment #1 to House Bill 853, Floor Amendment #2 to House Bill 1200, Floor Amendment #1 to House Bill 1994, house… Floor Amendment #1 to House Bill 3204, Floor Amendment #1 to House Bill 3322, Floor Amendment #1 to House Bill 3323, Floor Amendment #1 to House Bill 4078. Representative Burke, Chairperson of the Committee on Executive, which the following measures were referred, action taken on April 1, 2009, reported the same back with the following recommendations: 'recommends be adopted' is Floor Amendment #1 to House Bill 4075. Representative McCarthy, Chairperson from the Committee on Personnel and Pensions, which the following measures were referred, action taken on April 1, 2009, reported the same back with the following recommendations: 'recommends be adopted' Floor Amendment #2 to House Bill 2442. Representative D'Amico, Chairperson of the Committee on Vehicle Safety, which the following recommendations were referred, action taken April 1, 2009, reported the same back with the following recommendations: 'recommends be adopted' Floor Amendment #1 to House Bill 3325. There being no further business, the House Perfunctory Session stands adjourned." 09600037.doc 267