"The House shall come to order. The Members shall be in their chairs. We ask the Members and our guests in the gallery to turn off laptop computers, cell phones and pagers. We ask our guests in the gallery to rise and join us for the invocation and the Pledge of Allegiance. We shall be led in prayer today by Pastor Phil Martin. Pastor Martin is with the Salem First Christian Church in Salem, Illinois. Pastor Martin is the guest of Representative John Cavaletto."
Let's pray, please. Our Father in heaven, may we listen to Your voice and obey. We are humbled and grateful that on this day across this great land, thousands right now are praying, interceding for those in government that lead us and for those in schools who teach us, and for those in our military who place their lives on the line to protect us. Also, Lord, they're praying for those who serve us and others without fame and fanfare. And Father, in the midst of political power, I pray that You would grant those in this House the wisdom to sense their human weaknesses and the humility to acknowledge their dependence on You. May they be examples of godliness to this world and our nation. Forgive us, Lord, for the contradiction in our lives. With our lips, we worship You, but our hearts are distant from You. May we understand that repentance of sin and turning to righteousness is the surest way out of our critical situation, for You bless the heart that is humbled before You. Father, I pray that You would bless these men and women today as they watch over the affairs of our state. Watch over their families. Let Your spirit fill these halls 09600050.doc 1 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 and our lives in His name, who is the way, the truth and the life, in Your Son, Amen."
"We shall be led in the Pledge of Allegiance by Representative Zalewski."
“I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”
"Roll Call for Attendance. Representative Currie. Representative Lang."
"Thank you, Mr. Speaker. Democrats have no excused absences today."
"Mr. Bost."
"Mr… Thank you, Mr. Speaker. There's no excused absences on the Republican side of the aisle."
"The Clerk shall take the record. There being 117 Members responding to the Attendance Roll Call, there is a quorum present. Mr. Clerk."
"Committee Reports. Representative Arroyo, Clerk Chairperson from the Committee on Infrastructure, to which the following measure/s were referred, action taken on May 7, 2009, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' for Senate Bill 138. Representative Verschoore, Chairperson from the Committee on Counties & Townships, to which the following measure/s were referred, action taken on May 7, 2009, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' for Senate Bill 574, Senate Bill 587, Senate Bill 1511 and 09600050.doc 2 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 Senate Bill 1817. Representative Howard, Chairperson from the Committee on Judiciary II-Criminal Law, to which the following measure/s were referred, action taken on May 7, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' for Senate Bill 141; 'do pass as amended Short Debate' for Senate Bill 27, Senate Bill 1030 and Senate Bill 2010. Representative Harris, Chairperson from the Committee on Youth and Family, to which the following measure/s were referred, action taken on May 7, 2009, reported the same back with the following recommendation/s: 'recommends be adopted' House Resolution 315 and House Resolution 317. Representative Bradley, Chairperson from the Committee on Revenue & Finance, to which the following measure/s were referred, action taken on May 7, 2009, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' for Senate Bill 1477. Representative Nekritz, Chairperson from the Committee on Railroad Industry, to which the following measure/s were referred, action taken on May 7, 2009, reported the same back with the following recommendation/s: 'recommends be adopted' House Resolution 68. Representative McCarthy, Chairperson from the Committee on Personnel & Pensions, to which the following measure/s were referred, action taken on May 7, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' for Senate Bill 369, Senate Bill 1272, Senate Bill 1401, Senate Bill 1440, Senate Bill 1510 and Senate Bill 1974; 'do pass as amended Short Debate' for Senate Bill 39, Senate Bill 214, Senate Bill 1479 and Senate Bill 1705. Representative 09600050.doc 3 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 Brosnahan, Chairperson from the Committee on Telecommunications, to which the following measure/s were referred, action taken on May 7, 2009, reported the same back with the following recommendation/s: 'do pass as amended for… 'do pass as amended Short Debate' for Senate Bill 1922; 'do pass Short Debate' for Senate Bill 74."
"Is Mr. Will Davis in the chamber? Will Davis? For what purpose does Representative Dugan seek recognition?"
"A point of personal privilege…"
"State your point."
"…Mr. Speaker. Thank you. I would like the… my fellow House Members if you could, give a warm welcome to the Bradley-Bourbonnais Rotary is hosting a group study exchange. Members from Norway and our exchange student, Sarah, from Germany, who has been here for one year. The Norwegians will be in Illinois for four weeks. They are teachers, a police sergeant, a physical therapist, and a construction project engineer. The group study exchange in Rotary is an avenue for young professionals to experience cultural and vocational opportunities. This is the tenth year that the Bradley-Bourbonnais Rotary has participated in the group study exchange. They're right up here behind me, if they could wave, and please give them a warm welcome to Springfield. Thank you."
"Mr. Clerk, what is the status of Senate Bill 1493? Senate 1493." Clerk Bolin: "Senate Bill 1493, a Bill for an Act concerning courts. Third Reading of this Senate Bill." 09600050.doc 4 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009
"Mr. Clerk, put that Bill on the Order of Second Reading. Mr. Fritchey, on page 3 of the Calendar, you're the Sponsor of Senate Bill 38. It's concerned with animals. Do you wish to call the Bill? No. Mr. Ramey, Senate Bill 42. Mr. Clerk, read the Bill."
"Senate Bill 42, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
"Mr. Ramey."
"Thank you, Mr. Speaker. Ladies and Gentlemen, today I present to you Senate Bill 42. It's going to take care of a long injustice to fi… families of crime victims and allows them to make a statement, victims' statement, at initial commitment hearings for people who have been guilty by reason of insanity. I ask for an 'aye' vote."
"The Gentleman moves for the passage of the Bill. Is there any discussion? There being no discussion, the question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 116 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Rec… Representative McAsey, do you wish to call Senate Bill 62? It's concerned with criminal law. Mr. Clerk, read the Bill."
"Senate Bill 62, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
"Representative McAsey." 09600050.doc 5 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009
"Thank you. I come before you on Senate Bill 62 today. This is a matter concerning criminal law. Specifically, it makes an Amendment to the Criminal Code, creating a prohibition on child sex offenders. Under this legislation, a convicted child sex offender must not knowingly operate a vehicle that's specifically designed or constructed to be used for the retail sale of food or beverage. So, for example, an ice cream truck, additionally, an authorized emergency vehicle or a rescue vehicle. So, these are all vehicles that are attractive to children and I believe that this is a measure that would help protect children in our communities. I would ask for an 'aye' vote."
"Mr. Fritchey."
"Thank you, Speaker. Will the Sponsor yield?"
"The Sponsor yields?"
"Representative, in… just a couple of questions, 'cause I've said before I think we need to tread carefully in this subject. So, the… the concept here, obviously, at the end of the day is to protect the safety of our children, correct?"
"That's correct."
"Well, so, we're looking now at vehicles that are specifically designed, et cetera, et cetera, for the retail sale of food and beverage. So, that's not just the ice cream truck you're talking about, that's really any type of food or beverage. Let me… let me give you an example."
"Mmm mmm."
"At many construction sites you will have vans out there that are there to feed the construction workers. They 09600050.doc 6 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 can come down, get a sandwich, some fruit, some pop, whatever it may be. You're familiar with what I'm talking about, right?"
"That's correct."
"Under this law, they would not be able to own a truck like that. Is that correct?"
"They would not be able to operate that sort of vehicle. That's correct."
"What… what… what's… and I don’t say this facetiously…"
"Mmm mmm."
"…the aim here is to protect children, not to protect construction workers."
"The aim here is to protect children and specifically, because these vehicles are designed in such a way that they attract children…"
"Okay. Let… let interrupt you…"
"…and particularly with…"
"…let me… let me interrupt you for one second now, because the more I think about this, I think the more right I may be. How is a food catering truck for construction sites designed to attract children?"
"The vehicle itself is designed in such a way that it would attract children just like an ice cream truck where a child may go to that vehicle, be excited about what's being vended there and… and more importantly, what is sought to be prevented is an opportunity that these vehicles have space inside, bodies can fit inside." 09600050.doc 7 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009
"No, no, they really… they really don't, Representative."
"Children can be concealed."
"Representative, they really don't. Those vehicles are really designed as almost mobile food racks. They don't have space inside. There's not an interior space. There's not even an interior space anywhere in the back of that vehicle other than a driver's seat in front and another seat in front. I truly get what you're trying to do if you're talking about ice cream trucks. I'm not so sure I get what you're trying to do when it comes to rescue vehicles. But for the…"
"Okay. And if I can speak to that."
"…for the fact… Well, let me… let me finish this up. Well, when it comes to this concept, with all due respect, your definition is absolutely wrong and does nothing to further your very legitimate goal. This is not an ice cream truck that will lure a child, and a child can be brought into. We're talking about these food service vehicles that are at construction sites or parked on city streets, not accessible necessarily to schools. I could see if you could see that they would not operate a vehicle like this near a school or near a park or something like that, but to say that they couldn't operate a vehicle like this on a construction site doesn't do anything to protect children here. Would you agree with that?"
"I believe that this Bill would protect children and regardless of where…"
"Let… let's talk…" 09600050.doc 8 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009
"…these vehicles are located…"
"Rep… Rep… Rep…"
"…it's the same factor in operations."
"Rep… Representative… Representative, there is a diff…"
"Mr… Mr. Fritchey, could we have one person at a time, please? Proceed."
"Speaker, you're correct. I apologize. Go ahead."
"Thank you. And if I can also address, you mentioned emergency vehicles… or rescue vehicles. Now these vehicles also, by there very design, attract children. Children have been taught to trust firefighters, people driving police cars. And for that reason, we need to, I believe, extend this protection because they are in a… a protected position and children are… are vulnerable and can be taken advantage of."
"Speaker, to the… to the Bill. Get a… get a just a little bit of quiet, Speaker. I apologize. Thank you."
"Ladies and Gentlemen, please give your attention to Mr. Fritchey. Could we have some order on the floor, please? Mr. Fritchey."
"Thank you, Speaker. I appreciate that. Ladies… Ladies and Gentlemen, there is zero doubt in my mind that the speaker is well-intentioned. And unfortunately, there's little doubt in my mind that this legislation is going to fly out of this chamber. Ladies and Gentlemen, I've brought this point up before. Nobody here, and rightfully so, wants to be seen as being weak or soft on criminal offenders, let alone sex offenders, let alone child sex offenders. If 09600050.doc 9 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 there's a definition of a 'heinous crime', I mean, as a Legislator and a father, I will tell you that's what it is. But we have a situation here at the same time that we try to have members who are back in society try to be productive members of society. We have a piece of legislation before us, the intention of which is to pre… prevent child sex offenders from being in vehicles that may be attractive to kids. An authorized emergency vehicle, I understand how young kids can find a police car or a fire engine to be exciting and attractive and I don’t know that a convicted child sex offender could get the authority to drive a vehicle like that anyway. An ice cream truck, if we could define it, I understand that as well, but this talks about any vehicle that's designed for the retail sale of food or beverage. And as I talked about during the debate with this Sponsor, although most people weren't paying attention, it's the type of situation now where you can have a vehicle at a construction site that caters to construction workers at lunchtime or for breakfast. Yet this would be another profession that's foreclosed to these offenders. Again, you might think it's a minor thing but time and time again, in the interest of going home and saying that we're tough on crime, and in the interest of going home and saying that we want to crack down on these individuals, we're passing laws that don’t do anything to deter a crime. We're passing laws that don't do anything to protect potential victims. We're passing laws that make for good mail pieces, but very, very bad law and very, very bad precedent. I'd respectfully 09600050.doc 10 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 request a 'no' vote. I thank the Sponsor for her indulgence and, Speaker, for yours as well."
"Mr. Black. Mr. Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, can a firefighter be a convicted sex offender?"
"Well, Representative Black, what this Bill does, is this Bill would not allow someone who's a convicted sex offender to drive the…"
"No…"
"…emergency vehicle."
"…Representative, that isn't what I asked you."
"So, the…"
"That isn't what I asked you, Representative. Just give me a simple yes or no answer. Can a convicted sex offender serve as a firefighter?"
"Regardless of whether of not a convicted sex offender could serve as a firefighter, someone who… someone could operate a… a fire truck and that's what I… I believe that we need to protect from."
"Can a convicted sex offender work as an emergency medical technician on an ambulance?"
"This is the situation that this legislation is designed to protect from. If a convicted child sex offender is on an emergency vehicle, in an ambulance, in a position of trust where a child could be harmed." 09600050.doc 11 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009
"I don't understand your Bill. Are you trying to tell me that a convicted sex offender would somehow drive a fire truck to an elementary school playground and say, 'Hey, kids, come look at my fire truck.' How would he have access to the fire truck to begin with unless he was a firefighter?"
"I…"
"See, if he stole the fire truck, then he's in trouble."
"There… I… I can think of the many instances where someone could come in contact, could have possession of a fire truck or could have possession of a vehicle that is… was once used as, or is an emergency vehicle, police car, and… and someone masquerading, representing themselves as… as someone who we have taught our children to trust, and that that very person could take advantage of our children. And that's what this legislation is designed to prevent and to address."
"Representative, how would you impersonate a firefighter and get control of a fire truck?"
"Well, you could…"
"I mean, I could put on a fireman's suit and a fireman's hat and go into any fire station in my district, they aren't going to let me take that fire truck out of that fire station."
"Well, there may be an instance where that could occur, but a five-year-old child wouldn't know that you don't have a… a way to get that fire truck. And so, if you were in an instance and someone had actually done that and was at the school with a fire truck in the school parking lot… like I 09600050.doc 12 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 know right now, this time of year with career days going on, that there are fire trucks in our school parking lots. Our children are looking at these trucks and believing that people are there who they can trust, and that's what this legislation goes to the heart of. It's protecting our children from people who want to harm them and I think that this is an important measure to… to address that."
"Are you aware of any documented case where a sex offender somehow was in control of a fire truck or an emergency service rescue vehicle and molested a child? Has there been any documented case in Illinois or anywhere in the Unite States that this has happened?"
"Representative, I think that this Body ought to be proactive, and should have laws in place to make sure that we protect all of the children in our community from any unspeakable tragedy."
"In other words, I take it the answer is 'no'. There hasn't been any documented case of a sex offender ever showing up at an elementary school or somewhere else in a fire truck or an ambulance and molesting a child. So…"
"Rep…"
"…the answer must be 'no'. There's no…"
"Representative…"
"…documented case of that happening, correct?"
"Representative, are you suggesting that we ought to wait for a tragic…"
"No, you don't know…"
"…case before this Body…"
"You know what I'm…" 09600050.doc 13 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009
"…takes action to protect our children?"
"Representative, you know what I'm suggesting? I'm suggesting that you drop your script, quit letting the staffer whisper in your ear and telling you what to say. I'm suggesting you read the Bill. This has to be the dumbest Bill that I've seen in 20 years. You are picking something out of the ether and trying to tell me you're going to be proactive because a sex offender, somehow, is going to impersonate a firefighter and drive the fire truck to a school or something, and entice the child to get in the fire truck, where he will then molest the child. Mr. Speaker, to the Bill. I join with Representative Fritchey. Enough is enough. I don't care if you want to put out 10 mailers in my district saying I'm soft on sex offenders. I don't care anymore. I'm not going to play this game. This is the most, in all due respect to the Sponsor… and Mr. Fritchey's much nicer than I am. If you read this Bill, this Bill is just asinine. A convicted sex offender can, in fact, be a firefighter. Now, in my district most fire departments are volunteer departments and whoever can show up from work to go put out a fire, the first one to the fire house will drive the truck. Under this Bill, if that person who is rehabilitated and is a firefighter, drives the truck to the scene of the fire, they try to put out the fire… Fires attract children as well as adults. A child comes to watch the fire, under this Bill, the firefighter who does nothing wrong, but he drove the fire truck there, is going to be charged with a crime. You know, the only answer to this, and we get 10 of these Bills every year, is simply… in 09600050.doc 14 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 all due respect, Representative, if you really want to be proactive, introduce a Bill that says once you're a convicted sex offender you may never, ever, under any circumstances, leave prison. You must stay in prison until the day you die. That's the only way you're going to be completely proactive and stop all this. There are already so many protections in the law, this doesn't make any sense. You're telling me a convicted sex offender is going to impersonate a firefighter and take a fire truck to a school. Now, you know that isn't going to happen and so do I. A convicted sex offender can be a firefighter, can most likely be an ambulance driver and your Bill is going to put people who are trying to do public safety work at risk of being arrested again simply because of the vehicle they drive. And is what Representative Fritchey was talking about, in my district we have trucks that are… modified by breweries… breweries, Budweiser, An… Miller Lite. You can rent these beer trucks to your party, your fund-raiser or a festival and the only beverage that can be dispensed from this truck by an outside spigot is beer. That would meet the definition in this Bill. Now, there shouldn't be any children around the beer truck, but if the sex offender who drives a truck for a beer company, drives the beer truck to an adults-only festival and somebody didn’t get the memo and they take their child to the festival, the poor guy that drives the beer truck is going back to jail. He didn't do anything, but he drove the truck there. And as Representative Fritchey said, when I used to live in California… or excuse me, in Kansas City, we called these 09600050.doc 15 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 wagons that would come to construction sites, you know, and… just tell you what we called them. We called them roach wagons, and they would sell coffee, and they would sell sandwiches, and they would sell snacks, but they were parked at the construction site. No children were there, but in your Bill, that's a modified vehicle and if a child walks by a the sidewalk with his mother or father, the driver of the food truck can be arrested. You know, at some point, I don't care whether you want to make 10 thousand pieces of direct mail in my district, at some point you have to judge a Bill on what it says. This Bill is poorly, poorly drafted and if any Bill deserves a 'no' vote, and it won't get enough to fail, this Bill should not pass. It is not drafted properly and goes way beyond what the law should say. I intend to vote 'no'. So, write your letters to the editor, send the direct mail pieces. I'll defend my vote on this Bill anywhere, any time, to anybody. This should be a 'no' vote."
Speaker Turner: "Representative Turner in the Chair. The Gentleman from Madison, Representative Beiser. For what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates she will."
"Representative, does this Bill… would it apply to volunteer fire departments?"
"This Bill would apply to anyone driving an emergency rescue vehicle."
"I guess that leads to my question as I listened to the debate and maybe someone else would have the answer, but 09600050.doc 16 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 it's my impression at least that volunteer departments don't have a screening process. Is that correct?"
"It is… I… I… my understanding as well, is that there's not a thorough screening process in volunteer fire departments."
"So, in other words, this would potentially help that process. Is that…"
"That… that is correct."
"Okay. That's all then. Thank you very much."
"Thank you."
Speaker Turner: "The Gentleman from Jackson, Representative Bost. For what reason do you rise?"
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Indicates she will."
"I… quite often we see these things come up and we don't… you know, we look at them quickly and say, 'okay, well, it's you being should be tough on sex offenders and that's good and I've always supported that. But are you not concerned really about… if you truly read the text of this, and I'm not going to scream and yell and everything that… that others, both on your side and our side have done, but I am concerned by the way it could negatively impact our volunteer fire departments that was just mentioned. Looking at the text itself, do you not see a problem with the text?"
"I support this legislation as it's drafted…"
"Very well. Very well."
"…and I think that it… it speaks…"
"Then, thank you. Mr. Speaker…" 09600050.doc 17 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009
"…to an important problem…"
"…to the Bill. Mr. Speaker, to the Bill."
"…with the volun…"
"If the Lady chooses to support this legislation, which she said she does, I don't necessarily disagree with her idea to try to protect as much as we can, but Ladies and Gentlemen, read the Bill. Read the Bill. We have certain things in place if someone is trying to impersonate a emergency service personnel. We've had that since 9/11. Right after 9/11, we came out with some legislation which we passed in this House to stop that. But the way this is drafted right now, many of our volunteer fire departments don't… they're looking for anybody that can help and… and… and now a full-time fire department quite often, you couldn't be hired if you're a felon, but that doesn't… that isn't the case here. So, do you let the house burn down? Do you… I'm trying to figure out why the Representative will not realize that there's some problem in the language. Take the Bill out of the record, go back and see if we can put something together and let's work together. Now, this is not the first time, I know it might shock you, that somebody from the Senate has sent something over almost unanimous and it has problems. And maybe that's what we need to realize. I would hope that the… the… the Lady would take it out of the record. Let's look at it. Let's try to get it straightened out. Nobody wants to take a vote to make that can be… handed to us in some flier or… or put some news broadcast out that, oh, see, you don't want to be tough on sex offenders. I want to be tough on sex offenders, but I 09600050.doc 18 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 have a real problem with the actual language and I think that's a problem that many of us have here. So, if you're still pushing for it, that's fine. But there's certain times, as Legislators in this Body, you've got to realize that if… if there's… if there's a glitch or a problem in the Bill, pull it out of the record. Let's modify it. Let's see if we can get everybody to come to an agreement on this, rather than dragging your colleagues across the coals if they have to all of a sudden make a vote that makes them look like they don't… don't… they don't… they are not tough on sex offenders. And I just wish you'd take it out of the record."
"Seeing no further questions, Representative McCaskey (sic-McAsey) to close."
"Thank you. Well, I would ask for this Body… for everyone to cast an 'aye' vote today. I think that if this is very important legislation which would further protect children in our community. I think the problem raised related to volunteer fire departments is also one of merit; that we have individuals who are not going through adequate background checks who would be in possession of these emergency vehicles. We need to protect children from persons that… that may seek to harm them. This is important legislation to do that and I would ask for an 'aye' vote. Thank you."
"Seeing no further questions, the question is, ‘Shall the House pass Senate Bill 62?’ 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 09600050.doc 19 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 wish? Dunkin. Bassi. The Clerk shall take the record. On this question, there are 89 voting 'aye', 14 voting 'no', 12 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Bradley, on the Order of Third Reading-Senate Bill, we have Senate Bill 65. Out of the record. Representative Burke, we have Senate Bill 79. Read the Bill, Mr. Clerk."
"Senate Bill 79, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"The Gentleman from Cook, Representative Burke."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 79 would amend the School Code by providing that all grantees under the Preschool For All programs must enter into a memorandum of understanding with the appropriate local Head Start agency. It's a very simple matter. I'd be happy to answer any questions."
"Seeing no questions, the question is, 'Shall the House pass Senate Bill 79?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 116 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared ba… passed. Representative Burke, we have Senate Bill 81. Read the Bill, Mr. Clerk."
"Senate Bill 81, a Bill for an Act concerning revenue. Third Reading of this Senate Bill."
"The Gentleman from Cook, Representative Burke." 09600050.doc 20 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009
"Thank you, again, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 81 would require that when a person makes a nonqualified withdrawal from a qualified tuition program, the amount of the withdrawal that was previously deducted is added back to his or her base income. I would be happy to answer any questions."
"Seeing no questions, the question is, 'Shall the House pass Senate Bill 81?' 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? Acevedo. Pritchard. The Clerk shall take the record. On this question, there are 98 voting 'aye', 18 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Gordon, Careen Gordon, we have Senate Bill 89. Out of the record. Representative Rose, Chapin Rose, we have Senate Bill 145. Read the Bill, Mr. Clerk."
"Senate Bill 145, a Bill for an Act concerning orders of protection. Third Reading of this Senate Bill."
"Thank you, Mr. Speaker, Ladies and Gentlemen. Senate Bill 145 is… was essentially clean up language to a domestic violence order of protection Bill that we passed last year dealing with the protection of medical records in the case of an entry of an order of protection. On top of that, in committee, the Clerk's Association Act has asked to make uniform the way they deal with orders of protection as between hospitals and educational institutions. So, this is essentially… the Amendment was essentially a clean up to cleanup language. And I would hope that we could all be a… 09600050.doc 21 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 vote for this and it, quite frankly, should be fairly uncontroversial. Thank you."
"Seeing no questions, the question is, 'Shall the House pass Senate Bill 145?' 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? Mautino. The Clerk shall take the record. On this question, 116 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings, Senate Bi… Senate Bill 48, we have Representative Mathias. Out of the record. We have Sen… The Lady from Lake, Representative Osmond, for what reason do you rise?"
"Point of personal privledge."
"State your point."
"I'd like to make an announcement to the Members of the General Assembly that the republican staff members on our side, you see them in the red coats, and they raise money for the Cancer Society. They have take… red coats are only on Tuesday, I'm sorry. They have taken it upon themselves to have another fund raiser in the month of May and it's called the May Mustache Mania, and they hope to raise money in the facial hair growth. So, if anybody would like to donate to their cause next Tuesday when they have their red coats on, you'll see how far they've gotten, and all proceeds go to the American Cancer Society. Thank you."
"Representative Pihos, we have Senate Bill 178. Read the Bill, Mr. Clerk." 09600050.doc 22 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009
"Senate Bill 178, a Bill for an Act concerning safety. Third Reading of this Senate Bill."
"The Lady from DuPage, Representative Pihos."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. Senate Bill 178 establishes the criteria for household waste drop-off points and one day, household waste collections events as a means to safely dispose of pharmaceuticals as well as other hazardous wastes. I would be happy to answer any questions."
"Seeing no questions, the question is, 'Shall the House pass Senate Bill 178?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Flowers. The Clerk shall take the record. On this question, there were 116 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Bellock, Senate Bill 170… 181. Read the Bill, Mr. Clerk."
"Senate Bill 181, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
"The Lady from DuPage, Representative Bellock."
"Thank you very much, Mr. Speaker. Senate Bill 181 authorizes an additional children's respite care center in the City of Chicago, and it also exempts them from the… from having to go before and get a certificate of need. What a respite care center is, there's eight of them in the State of Illinois right now and these are centers that treat medically fragile children who are, for the rest of their lives, on ventilators and respirators. And so, we're asking 09600050.doc 23 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 to put one additional one and the entire certificate of need process for these centers was based on this respite care center."
"The Lady from Cook, Representative Collins, for what reason do you rise? Seeing no questions, the question is, 'Shall the House pass Senate Bill 181?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, 116 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Lady from Cook, Representative Collins, for what reason do you rise?"
"For personal privilege, Mr. Speaker."
"Take you time. State your privilege."
"Thank you. I would like to introduce one of our legal staff, Vaishali Rao. Her parents are in the gallery. Can they stand?"
"Welcome to Springfield. Welcome."
"Thank you all for coming."
"Thank you for lending her to us. The Lady from Cook, Representative Mendoza, for what reason do you rise?"
"A point of personal privilege, Mr. Speaker."
"State your point."
"I, too, would like to get the attention of the chamber here for just a minute. In the nine years that I have served as a Legislator, one of the… Yeah, it's been nine years. The best perk… the best perk that I've enjoyed has been the opportunity to sit right next to and have as my 09600050.doc 24 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 seatmate, Representative Dan Burke, who as we now know is Representative Leader Dan Burke. And I was just wanting to say thank you for the wonderful party that you had for us last night. But it was a wonderful opportunity for us to once again, acknowledge your service over the last 18 years and the Leader that we have always known you to be and which now, is an official title. So, congratulations, Representative Burke. We love you."
"Oh, Danny boy… Sullivan. House… Senate Bill 207, Representative Sullivan. Read the Bill, Mr. Clerk."
"Senate Bill 207, a Bill for an Act concerning revenue, which may be re… cited as the Homestead Assessment Transparency Act. Third Reading of this Senate Bill."
Speaker Turner: "The Gentleman from Lake, Representative Sullivan."
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 207 is something we passed out of the House last year but was held up with Rules. Right now, when you receive an assessment notice, you are given certain criteria that must be on there. We're expanding that criteria. Something that has not been done in many, many, many years. It will, in essence, provide sunshine on the assessment process so people can more readily understand what is going on in the assessment process, how their assessment was calculated and then more importantly, remedies, should they disagree with that assessment process, how they can go about appealing that. I urge an 'aye' vote." 09600050.doc 25 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009
"Seeing no… The Gentleman from McHenry, Representative Franks, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Thank you. Representative, I… I think I like this Bill. I think it makes a lot of sense."
"Really?"
"Yeah. Are you surprised?"
"No, I'm not."
"All right. And I think it's very important to let people… give them more sunshine so they can talk about their bills. And I… I guess… I'm not sure we've addressed this issue and it just came up. I filed a Bill yesterday and it was in response to the market forces, and what we're finding is many of our homeowners have seen a decline in the value of their homes, those folks who are unable to go and refinance… There's a real crisis out there."
"Absolutely."
"Have we… In the Bill I filed yesterday and I don't… hate to… and I'm not trying to be a Johnny-come-lately, but maybe…"
"It's all right."
"…it could fit on here, if you'd be willing to move it back and possibly put this on. If there is a… and my Bill says if there's a 7 percent decrease in the value in an area, then the assessor of that township or county, or whatever it may be, would then have to notify the state, and then the state would then lower the multiplier. Would that be something that you may be interested in doing as part of 09600050.doc 26 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 this Bill? Because this Bill seems comprehensive except for the fact that it doesn't trigger any mechanisms to actually lower the multiplier. This only would allow people to protest their taxes, but there isn't a… a way that would actually… actually lower them. Would that be something that you might consider?"
"When… when you talk about the multiplier, are you talking about the three-year average of assessments…"
"Right."
"…or are you talking about the tax rate?"
"Well, I'm talking about the three-year average because what we saw was a real run up in… in values in the last, probably, 7 to 10 years and then a precipitous drop…"
"Sure. Sure."
"…almost like a cliff, where the… where the… I know and your area's very similar to mine…"
"Right."
"…and we've seen double digit losses in the last 2 years. I mean, probably, lost over 35 percent in many areas, yet our tax bills are not reflective of that real market. And I'm saying in these very difficult times when you have a precipitous drop, we really don't have a mechanism unless you have to suffer through it for three years."
"Sure."
"And I'd like to be able to short circuit that."
"Well, there has been many ideas. Representative Reboletti had an idea in regards to trying to use different data with our three-year study. The problem about using a 09600050.doc 27 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 specific area that has dropped is your… in essence, you're going to shift… because the assessment doesn’t create the tax burden. The tax burden as you know, are created by the taxing bodies and disbursed based on assessed values. So, your Bill… I haven't read it all but off the top of my head, would indicate that we're going to now shift some of that tax burden to other places that might not be eligible for the 7 percent. So, I… Representative, I will work with them on that. I'd rather not pull this out of the record and amend it because, quite frankly, I don’t think there's enough time and I don't think… the person that has influence on the Revenue Committee would like to see this move right now. So, at this point I would, you know, I don't disagree with you that we should look at this 'cause I have spon… sponsored some of this legislation, but I think it'll just get caught up on a long time and this is very important legislation."
"Okay. And…"
"Thank you."
"…and I… I respect that…"
"Sure."
"…because we had a similar situation yesterday in a committee that I was in, so and I appreciate it. I look forward to working with you…"
"Absolutely."
"…on fixing that issue. All right, thank you."
"The Gentleman from Cook, Representative Joyce, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield?" 09600050.doc 28 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009
"…cates he will."
"Representative Sullivan, just to be clear. This is just for 101 of the counties, right, exempts Cook?"
"Yes. Yes, it is."
"Thank you."
Speaker Turner: "The Gentleman from DuPage, Representative Reboletti, for what reason do you rise?"
"Thank you, Speaker. Will the Sponsor yield? Representative, why is one county exempted out of this? Do they do things a little bit different over there than the other…"
"They… they do."
"…101 counties?"
"They certainly do things differently than the rest of the counties. In… in… when we go to school, because as assessors we are mandated to take continuing education, the biggest line is always to say, well, this is what we do except for Cook County, 'cause they're in their own little world."
"Well, it would be nice if Cook County joined us, the other 101 counties, when we talk about property tax. It's hard to reform property tax if only 101 counties participate in one system and the other system is treated as it's own nation state. When I look at House Bill 2646, I would ask Representative Franks to take a look at that, I tried to get this Bill out. It talks about what you're talking about which says let's look at the three-year average and look at the last year assessment, and let the assessor use whatever is less of those two. So, if in this year the assessments 09600050.doc 29 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 are going down, then let… let the taxes be based off the value of the home in real time, not back 2 and 3 years ago. So, I… I appreciate that, Representative Franks, looked forward to working with you on that in a bipartisan fashion. So, thank you and thank you, Representative Sullivan, for your indulgence."
Speaker Turner: "The Gentleman from Bond, Representative Stephens, for what reason do you rise?"
"Would the Gentleman yield for a question?"
"Indicates he will."
"Representative, you exempt Cook County. Why is that?"
"Because they actually have more advanced reporting on the Internet for their… for their assessed values that they have out there, believe it or not. And in this case, we're trying to get the rest of the state to catch up to Cook County."
"Well, you know what? I… I've been on the Internet recently. I've been seeing that Cook County assessment and the situation about how assessments are handled, and appeals of assessments are handled in Cook County, and I was a little amazed at what I saw and I… so I'm a little nervous as a downstater, because as you say they might be ahead of the game. But what I saw in the news out of Chicago this past week had to do with Cook County assessment and the appeals process, and I was astounded. And I don't want to be like Cook County. If it's… if… if this is about emulating everything that goes on in Cook County. That's not the purpose of your Bill, is it?" 09600050.doc 30 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009
"Representative, I will tell you right now that we are not trying to emulate Cook County in regard to their assessment functions or appeals. We are just trying to bring more sunshine to the Representative… to the people of our districts."
"So, you would agree with me that sunshine on the appeals process or the abuse thereof is it good for Illinois, isn't it?"
"It is always good for Illinois to have sunshine."
"If somebody's interfering or gaining in a personal or a political way, that should be put to a stop, shouldn't it?"
"You are… you are correct."
"Absolutely. Absolutely. I rise in support of your Bill."
"The Gentleman from Champaign, Representative Rose, for what reason do you rise?"
"Mr. Speaker, I'm confused. My seatmate a minute ago described Cook County as its own nation-state. What is that? I don't know what that means. Could we get a… Is there a definition of what a nation state is? Is Cook County really a nation-state? Perhaps… Does the Clerk know? Could they maybe help us out? Maybe get a ruling from the parliamentarian as to whether Cook County's, in fact, a nation-state?"
"Is that…"
"Any idea what a nation… Is it a nation-state?"
"Did you say that your seatmate described this…"
"Yes." 09600050.doc 31 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009
"…country that you're speaking of?"
"Yes."
"You may want to ask him. He's a lot…"
"Oh, you…"
"…closer than I am. He could tell you."
"You may be right. You may be right."
"Nation-state."
"Hmmm. Hmmm. Interesting. Well, then… I… I don’t know but I know my seatmate, he's a very studied attorney, has gone to school for these type of things and I'll bet you he's right. What do you think, Mr. Speaker?"
"I'm not certain what his primary legal practice was, but if he's studied topography, I think that his description of Cook County is probably a legal one. That's if he studied topography."
"Okay. Well, we'll see. I… I guess I'm probably with Representative Stephens on this, that more and more it appears Cook County is, in fact, it's own nation-state. So, thank you for permitting me to inquire on… on the topic of nation-state, Mr. Speaker."
Speaker Turner: "The Gentleman from Cook, Representative Fritchey, for what reason do you wise… rise?"
"Thank you, Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, all kidding aside, and it was actually… it was difficult to hear over here. What's the rationale for Cook County not being included?" Sullivan: "Believe it or not, as what I stated before, Cook County has pretty good disclosure in regard to assessment 09600050.doc 32 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 information out on their Web… Web site right now. You have… What has gone on on the rest of the state… the… the legislation that originally brought up notification for assessment changes has not been changed in many, many, many years. And so, in essence, what we're trying to do is add more disclosure on how your assessment is calculated, what's included, but more importantly, the appeals process: how do you go about challenging or understanding your assessed values. So, it's… it's more of a sunshine Bill."
"Okay. And I appreciate that answer and this is a… an issue, both the underlying issue of how we assess property taxes as well as the appeal process that is a very sensitive one in Cook County because of the fluctuations that we had seen over recent years."
"Sure."
"But let me ask you a question. While I appreciate what you're trying to do and the honesty in your answer, wouldn't it makes sense to have the same amount of sunshine or the same level and type and standards of transparency apply for citizens across all of Illinois?"
"Absolutely."
"So given that, and… and Representative, I mean this sincerely, in light of that, why not… and you know, and I understand what you're saying that Cook County is actually somewhat ahead of the curve for a change, but why not have this applicable to Cook County and have everybody have the same standard of transparency?"
"Well, I don't know the Senate Sponsor's intent with regard to Cook County, why he wanted to exclude them other 09600050.doc 33 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 than I know that they are actually doing more than what this Bill entails. So, they're actually already doing this, plus more than what we're trying to do. So, it's already there. Should this pass and become law and you want to work on more sunshine in regard to assessments, I'm more than happy to work with you. But at this point, I… I think Cook County's already doing more than what we're asking in this Bill."
"Do you know, I didn't look at the history of this Bill. When it was originally introduced in the Senate… Well, here… was Cook County ever included in this legislation?"
"I… I don't… I do not believe it was ever. This was actually passed last year and it was held up in Rules, the Rules Amendment over in the Senate."
"Yeah, as I'm looking here, there were no Senate Amendments. So, it looks as if it was never the intention to include Cook County."
"Right."
"Without looking at a side-by-side comparison, I can't tell if that's a good thing or a bad thing."
"Sure."
"But I just wanted people to be aware that should this become law, while we may have levels of transparency, and obviously more transparency than we've had to date in the other 101 counties, we will nevertheless have two standards of transparency for property taxpayers depending upon what county they live in, Cook or otherwise."
"I… I don't disagree with you."
"All right. Thank you very much." 09600050.doc 34 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009
"Seeing no further questions, Representative Sullivan to close."
"Thank you. We certainly have a lively debate on this issue. Let me just tell you, this is a transparency issue that is supported by the Cook County Assessment Office… Officer's Association, supported by the Illinois Association of Realtors, Lake County and DuPage County. So, I would ask for an 'aye' vote."
"Then the question is, 'Shall the House pass Senate Bill 207?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? The Clerk shall take the record. On this question, there are 114 voting 'aye', 0 'no', 2 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Feigenholtz. Out of the record. Representative Reboletti, Senate Bill 229. Read the Bill, Mr. Clerk."
"Senate Bill 229, a Bill for an Act concerning financial regulation. Third Reading of this Senate Bill."
Speaker Turner: "The Gentleman from DuPage, Representative Reboletti."
"Thank you, Speaker, and Members of the Body. Senate Bill 229 tries to accomplish a… a new type of bank account in which a person can be on the account with, say, a parent and be able to perform deposits and take care of bills. However, when the parent passes the bank account can return to the trust, or to the will, or back to whatever is… might be in place as far as the regards for the… the parent. So, 09600050.doc 35 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 it's not a… a joint tenancy with right of survivorship upon death. It allows this account to be used while the parent may need assistance. So, I would be willing to entertain any questions."
"Seeing no questions… Representative Franks, the Gentleman from McHenry, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, why do we need this Bill?"
"My understanding, that's something that could be accomplished without this."
"I'm not… I'm not sure. I'm looking at this and a convenience depositor is someone who… who has deposited. Correct?"
"Correct."
"What else would that depositor do? Would the depositor have the ability to write checks on the account or to…"
"Correct. But then, what this… upon death, assuming let's say $100 thousand in the account, that money as a joint tenant would not go to the person who's left in survivorship. It would go back to the estate of the person who's there."
"Okay. Thank you for clarifying that."
"Thank you. Thank you."
"All right. Thanks."
"Seeing no further questions, the question is, 'Shall the House pass Senate Bill 229?' 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 09600050.doc 36 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 wish? The Clerk shall take the record. On this question, 115 voting 'aye', 0 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Macon, Representative Flider, for what reason do you rise?"
"A point of personal privilege, Mr. Speaker."
"State your point."
"Yes, Mr. Speaker, Ladies and Gentlemen of the House, today with… I have with me from my 101st District in Macon, Moultrie and Shelby County, several students who are part of my Youth Advisory Caucus. And they're here visiting and they've had a chance to visit the Legislature and talk with the Governor today and just wanted… and they're up here to my left and I would ask you to please give them a welcome to Springfield."
Speaker Turner: "Welcome to Springfield, students. Representative Reece on House Bill… Reis, on House Bill… Senate Bill 230. Read the Bill, Mr. Clerk."
"Senate Bill 230, a Bill for an Act concerning local government. Third Reading of this Senate Bill."
Speaker Turner: "The Gentleman from Jasper, Representative Reis."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 230 will allow county board members to, if they choose to, vote to share proceeds from safety taxes that have passed in recent years. Right now, it's very narrowly defined that they can only spend that on… on safety issues. This will allow them to help, if they choose to, spend that on fire protection districts as well." 09600050.doc 37 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009
"Seeing no questions, the question is, 'Shall the House pass Senate Bill 230?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Cole. The Clerk should take the record. On this question, 116 voting 'aye', 0 'noes', 0 'presents'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Harris on Senate Bill 236. Read the Bill, Mr. Clerk."
"Senate Bill 236, a Bill for an Act concerning transportation. Third Reading of this Senate Bill."
Speaker Turner: "The Gentleman from Cook, Representative Harris."
"Thank you, Mr. Speaker, Ladies and Gentlemen. This piece of legislation clears up a glitch in the Illinois Code… Vehicle Code and conforms it with the Federal Vehicle Code regarding low-speed bicycles."
"Seeing no questions, the question is, 'Shall the House pass Senate Bill 236?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, 113 voting 'aye', 3 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Harris, we have Senate Bill 239. Read the Bill, Mr. Clerk."
"Senate Bill 239, a Bill for an Act concerning business. Third Reading of this Senate Bill." 09600050.doc 38 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009
Speaker Turner: "The Gentleman from Cook, Representative Harris."
"Thank you, Mr. Speaker. This is a change which creates in Illinois what many other states have done, a new classification of LLC, called the L3C, which is the low- profit, limited, liability company. The users of this would be charitable or philanthropic organizations who start a joint venture which may in fact spin off some profit to allow compliance with the IRS Code and an example of this would be the Misericordia Homes, which run a bakery which may generate profit, even though their primary purpose is charitable."
Speaker Turner: "The Gentleman from Jasper, Representative Reece… Reis."
"Speaker Burris, will the Sponsor yield? I mean…"
"He in… he indicates he…"
"Mr. Speaker, will the Sponsor yield?"
"He indicates he will."
"Representative, just real quick, who's going to monitor the names of these organizations? And I bring this up in sincerity because we have companies that form under the same names. Is this going to be done under the Secretary of State's Office or by the county clerks?"
"No, this would be done under the Secretary of State just like any other LLC. This would just be a separate classification which would conform with what's called a program-related investment in the IRS Code. So, it would all be done by the Secretary of State." 09600050.doc 39 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009
"So, there's no way that a company could be formed in Chicago and one downstate that would have the same name?"
"If the current procedure does not allow that, it would not be allowed for this either. I… I assume that's true."
"Okay. Thank you."
"Seeing no further questions, the question is, 'Shall the House pass Senate Bill 239?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, 116 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Myers, we have Senate Bill 242. Read the Bill, Mr. Clerk."
"Senate Bill 242, a Bill for an Act concerning local government. Third Reading of this Senate Bill."
"The Gentleman from McDonough, Representative Myers."
"Thank you, Mr. Speaker. Members of the House, today I bring you Senate Bill 242 which basically extends the Tax Increment Financing District for the City of Macomb from the current 23 years to the maximum of 35 years. The original ordinance was adopted by the city in 1986 and all of the effective taxing districts within the city have sent letters of support for the extension of the district. So, to my knowledge there is no opposition."
"The Gentleman from Jasper, Representative Reis. Seeing no questions, the question is, 'Shall the House pass Senate Bill 242?' All those in favor should vote 'aye'; all 09600050.doc 40 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, 113 voting 'aye', 3 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from McDonough, Representative Myers, for what reason do you rise?"
"A point of personal privilege, Mr. Speaker."
"State your point."
"Up in the gallery joining us today, are some stu… graduate students from Western Illinois University. They come to town today to visit with the Illinois Board of Higher Education, the Illinois Community College Board. And they were in town now just to be able to see the Bill for Western Illinois University in Macomb pass. So, please welcome graduate students from Western Illinois University."
Speaker Turner: "Welcome to Springfield. Welcome to Springfield. On page 8 of the Calendar, Representative Verschoore, we have Senate Bill 1665. Read the Bill, Mr… Read the Bill, Mr. Clerk."
"Senate Bill 1665, a Bill for an Act concerning education, which may be referred to as Brandon's Law. Third Reading of this Senate Bill."
"The Gentleman from Rock Island, Representative Verschoore"
"Thank you, Mr. Speaker, Ladies and Gentlemen. This is a… a carbon copy of the Bill that I passed out of the House, 4318, on a vote of 117 to 0. It amends the Critical Health Problems and Comprehensive Health Education Act and 09600050.doc 41 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 Interscholastic Athletic Organization Act. Provides that a comprehensive health education program must include information about cancer instead of allowing the early prevention and detection of cancer to be included. Requires an interscholastic athletic organization to include a question asking whether the student has a family history of cancer and any participant… participation examination form given to students participating or seeking to participate in… in interscholastic sports. And it provides that an organization may require that a testicular exam be conducted as part of the physical required for male athletes to participate in sports. What this was, there was a young man in my… from my district that they didn't do a hernia check and he… he developed testicular cancer and it went far enough that he died. I would ask for an 'aye' vote and I would be happy to answer any questions"
"Is anybody seeking recognition on this Bill? Representative Flowers, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Gentleman yield?"
"Indicates he will."
"Representative, I'm sorry. I didn't get a clear understanding of specifically what your Bill does. This is for school health?"
"Right."
"And is this merely for cancer or is it for a heart check for athletes?"
"It's a… it would require that… would not require that the school that may require that the… all students that go out for interscholastic sports would have a hernia check. 09600050.doc 42 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 So, that they could maybe detect the early stages of testicular cancer."
"What about a EKG?"
"I think that's already part of this… part of the exam. This just adds another… oh, I guess another facet to the exam. Little… a little more… what I want to say…"
"Well, I rise in support of your Bill, Representative, because oftentime we hear about so many young people having heart attacks…"
"Right."
"…on the field. And any type of medical physical that will help us save their lives, because I'm sure, as most parents would say, had I only known I would have done something about it. So, thank you very much for bringing this legislation forward."
"Thank… thank you for the question, Representative."
Speaker Turner: "The Gentleman from Cook, Representative Fritchey, for what… for what reason do you rise?"
"Thank you, Speaker. Will the Sponsor yield?"
"He indicates he will."
"Thank you. Representative, I've got… I've got just two questions about this just so I can understand it and everybody else can understand this as well. The initial… So, the IHSA would be able to inquire as to whether there was a family history of cancer, correct?"
"I didn't… I didn't hear your question. I'm sorry."
"The IHSA would have the authority now to inquire as to whether there was a family history of cancer. Is that correct?" 09600050.doc 43 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009
"That's correct."
"Are they required to do anything based on what that answer is?"
"Well, what it also would do, Representative, is there would be a… in health class or whatever, they would cover certain things that students should look for to detect if they have cancer."
"Okay. But… but there's nothing in here that would preclude or impair an individual that answered 'yes' to that question from participating in athletics, correct?"
"That's correct."
"Now, we've dealt with a lot of legislation over the years dealing with medical privacy, et cetera, just as it comes to individual privacy but also with respect to insurance coverage, et cetera. Would this information be available to insurance carriers? So, if a… if a student were to answer that there was a family history of cancer, would an insurance carrier be able to get access to that student's… if they can't get access to their medical records, could they get access to their athletic questionnaire and use that as a basis for denying insurance coverage?"
"I don't think so. I don't think they'd be allowed that information. It would be for the school only."
"I don't know that they would or not. Would you at least… I… I don't know that they would or not and… and I think that's a potential issue that I think should be looked at." 09600050.doc 44 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009
"Well, I… I mean, they… they… if they would be able to do that, they would be able to do it now with… if they're going to… if they're going to be able to get the information about cancer, they would be able to get information about heart problems and different things, too, because they give them an EKG, check their heart and everything, too."
"Well, understood, but having the IHSA documentation out there could open up a door…"
"I can't hear you, Representative."
"That… that may be a good thing. Last question would be this. So, the association can require exams of the students as a requirement for participation. Are the families required to bear that cost for an additional exam?"
"There… there would… I checked on that. That was a question that came up in committee when I had this Bill and I checked and I've got a letter here if you… I could read if you'd like it. But…"
"No, you just give me the short answer. It'd be fine."
"No. There… there's no cost. They said that there would be no cost for just the hernia check. Most of the time, they do this check, but in some… I guess some schools, they don't require, or whatever and this would require it."
"Okay. Thank you very much."
"Thank you."
Speaker Turner: "The Gentleman from Bond, Representative Stephens, for what reason do you rise?" 09600050.doc 45 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009
"Mr. Speaker, would you ask the Clerk to add Representative Connelly to the list of excused absences, please?"
"The record will so reflect. The Gentleman from Crawford, Representative Eddy, for what reason do you rise?"
"Thank you, Mr. Speaker. To the Bill. Very… very quickly and to the question that Representative Fritchey asked. We would not be… schools are not allowed to share that information without the consent of the student, at this time, related to any physicals that are contained in their file. So, I hope that alleviates your concern. They are not allowed to share that information under the Privacy Act. I… I think the Gentleman brings a good Bill that closes a loophole, something he sees a need for, awareness. And it really does bring to us an opportunity to make our physicians aware when they're doing an exam that's required of what… what has become a very, very serious problem for our youth, testicular cancer. And I think we should all support the Gentleman's Bill. This is well written and it's well intended and I respect Representative Fritchey's concern, but we do have to… we can't allow that information out."
"Seeing no further questions, the question is, 'Shall the House pass Senate Bill 1665?' 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, 115 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby 09600050.doc 46 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 declared passed. The Gentleman from Cook, Representative McCarthy, for what reason do you rise?"
"Thank you, Mr. Speaker. I rise on a point of personal privilege."
"State your point."
"Thank you, Mr. Speaker. On behalf of Representative Riley, Representative DeLuca and myself, I'd like to recognize and welcome to the State Capitol, a group of 34 eighth-grade young men from Infant Jesus of Prague School in Flossmoor. So, I hope they have a great day and thanks for visiting our State Capitol."
"Welcome to Springfield. The Gentleman from Bond, Representative Stephens, for what reason do you rise?"
"Point of personal privilege, Mr. Speaker."
"State your point."
"A group from Macomb was introduced earlier, but among… in that group is the daughter of Chris and Representative Rich Myers, Alison. I'd like to give a special welcome to Alison. I think she's up in the gallery with her dad as we speak."
Speaker Turner: "Welcome, Alice (sic-Alison). Welcome to Springfield again, Western and Alice (sic-Alison). Clerk, Agreed Resolutions."
"Agreed Resolutions. House Resolution 365, offered by Representative Flider. House Resolution 366, offered by Representative Brady. House Resolution 367, offered by Representative Brady. House Resolution 368, offered by Representative Flider. And House Resolution 369, offered by Representative Crespo." 09600050.doc 47 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009
"Representative Lang moves for the adoption of Agreed Resolutions. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolutions are adopted. Adjournment Resolution, Mr. Clerk."
Clerk Bolin: "Senate Joint Resolution 66, offered by Representative Currie. Resolved by the House of Representative… resolved by the Senate of the 96th General Assembly of the State of Illinois, the House of Representative concurring herein, that when the two Houses adjourn on Thursday, May 7, 2099, they stand adjourned until Tuesday, May 12, 2009, at 12:00, noon."
"Representative Lang moves for the adoption of the Adjournment Resolution. All those is favor say 'aye'; all those opposed say 'nay'… say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Adjournment Resolution is adopted. The Gentleman from DuPage, Representative Reboletti, for what reason do you rise?"
"Mr. Speaker, a point of personal privilege."
"State you point."
"Members of the Body, before we went into Session, myself and other Representatives and Senators attended a Peace Officer Memorial which was right outside of the Captiol. And Governor Quinn, Secretary of State White addressed the families of five fallen heroes that gave their life… Senate… Speaker, could I have some order."
"Have some order, please."
"Speaker, thank you for that. The Governor and Secretary of State, with other elected officials came out 09600050.doc 48 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 today where numerous honor guards from across the state, came to pay tribute to five fallen police officers and their families. Very sad to see as wives, now widows, with six- year-old, seven-year-old children, having to receive plagues and badges because they gave the ultimate sacrifice. I would ask if you would join me in a moment of silence for these five fallen officers for the last… over the last year as their names will be added to the Peace Officer Memorial just outside our Capitol. And for end of watch, Special Agent Thomas A. Crowell, November 1, 2007, United States Air Force. Officer Richard M. Francis, end of watch, July 2, 2008, Chicago Police Department. Officer Nathaniel Taylor Jr., end of watch, September 28, 2008, Chicago Police Department. Officer Frank P. Russo, end of watch, November 1, 2008, Schaumburg Police Department and Detective Joseph M. Airhart, Jr., end of watch, November 4, 2008, Chicago Police Department. If you would join me in a moment of silence to honor those fallen heroes as well as their families. Thank you, Mr. Speaker and Members of the Body."
"Thank you. Mr. Chair, committee announcements. Mr. Clerk, committee announcements."
"The Elementary & Secondary Education Committee will meet immediately upon adjournment."
Speaker Turner: "I'd like to make one other announcement. Everyone heard, Elementary and Secondary Ed immediately upon adjournment. I'd like to announce, also, those interested in playing in the House/Senate softball game, please bring your practice clothes down next week. We will have practice… practice next Tuesday. The Elementary & Secondary 09600050.doc 49 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 Ed Committee's in Room 114. Softball practice next Tuesday. The game is on the 20th. Anyone interested in playing, please bring your clothes for next week. The Lady from DuPage, Representative Pihos, for what reason do you rise?"
"Thank you, Mr. Chairman, and Ladies and Gentlemen of the House. I just wanted to thank everybody who was at the COWL program last night. All those people who participated, you have done a wonderful thing for women moving forward. We'll be able to give out lots of scholarships and have a lot of young women participate in our new leadership program. So, we couldn't do it without you and I just want to say thanks."
Speaker Turner: "And congratulations. Seeing no other announcements, Representative Lang moves that the House stands adjourned until Tuesday, May 12, at the hour of 12 noon. Tuesday, May 12, at the hour of 12 noon. Allowing perfunctory time for the Clerk, the House now stands adjourned. Representative Leitch, I'm sorry. The Gentleman from Peoria."
"Mr. Speaker, were you going to tell us adjourned to when?"
"Tuesday, at the hour of 12 noon."
"Thank you."
"Right."
Clerk Mahoney: "House Perfunctory Session will come order. Additional Committee Reports. Representative Burke, Chairperson of the Committee on Executive, to which the following measure/s were referred, action taken on May 7, 2009, reported the same back with the following 09600050.doc 50 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/7/2009 recommendation/s: 'do pass as amended Short Debate' is Senate Bill 318. Representative Hamos, Chairperson for the Committee on Mass Transit to which the following measure/s were referred, action taken on May 7, 2009, reported the same back with the following recommendation/s: 'do pass Short Debate' is Senate Bill 577. Introduction and reading of House Bills-First Reading. House Bill 4450, offered by Representative Madigan, a Bill for an Act concerning government. House Bill 4451, offered by Representative Fortner, a Bill for an Act concerning local government. First Reading of these House Bills. House Perfunctory Session. Representative Smith, Chairperson from the Committee on Elementary & Secondary Education, to which the following measure/s were referred, action taken on May 7, 2009, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' Senate Bill 2277. There being no further business, the House Perfunctory Session will stand adjourned." 09600050.doc 51