Illinois House Floor Debate — March 2, 2010

“Ei… either way you want to go there, Mr. Speaker. The Gentleman from Jackson or… Thank you, Mr. Speaker. Let the record reflect that Representative Fortner and Representative Mulligan are excused today on the Republican side of the aisle."

"Thank you, Mr. Speaker. This is a task for which I feel completely unworthy. Having gotten to know the family, I can tell you that the love and devotion of their family for their son is complete. Attending the funeral, just a couple of weeks after his passing, a good friend of the family, Tim, gave the eulogy entitled, Boys Will Be Boys. And it seems that Bradley was an energetic child, got into a little bit of mischief but never anything serious. I think he burned down a bean field once or something like that by accident. I might be mistaken about the field, but there was a fire involved. But he was always a volunteer. Even as a young man. His church had a 24-hour prayer vigil and during that vigil… some prayer vigils you come to the rectory or the church or to the church building. This was a 24-hour vigil where you were left to pray on your own, at a time certain. Bradley being Bradley was volunteered for the 2:00 a.m. to 3:00 a.m. Friday night or would it be Saturday morning. His father's friend, Tim, thought, well I'll just check on the young man, not that I don't trust him but boys will be boys. And so he set his alarm, he lived near the lake where he knew the boys were kind of pulling an all-nighter and fishing and playing around the dock and those sort of things. And Tim snuck out of his home and down to the lake and 09600105.doc 5  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 3/2/2010 carefully approached the dock and he heard quiet talk. As he edged nearer and nearer the silhouettes of these five or six boys were seen at the end of the dock. And there was Bradley, 2:30 in the morning, as he had promised, as he had volunteered leading those young men in prayer. Little did we know at that time that years later, having a chance to go to Iraq where the… where the war was cooling down, he asked his Commander couldn't I join a unit that's going to Afghanistan where the war is heating up, and that happened. And just weeks after his arrival… you see, he was with the Air Force was a Tactical Observer. They… he would call in air support for Army units and so he was assigned to an Army unit. And with his Army friends and comrades leading the way on a mission, they crossed a small stream or river. They crossed by a bridge in a tactical manner. The first two advanced across the bridge and as they got to the other side an IED exploded at their feet, killing one, obviously, instantly, throwing the body of the other 200 yards away. Bradley was safe, on the safe side of the river. The Commander approached and said we need a volunteer. We've got to retrieve the other fallen soldiers. The first one was kind of easy, he was right at the edge of the bridge. Bradley and an Army medic thinking, I think in their minds, maybe the boy who was blown so far might still be alive, went to get that young man. When they found him, he had expired. But being a good Airman, a good soldier, Bradley put him on his shoulders and carried him back home. And as they crossed the creek, they didn't cross the bridge this time in either direction, they came up the other side and 09600105.doc 6  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 3/2/2010 the terrorist enemy set off another IED and took Bradley's life. Bradley was a volunteer all his life. He was a Christian. He was proud of that. There's a saying in the Old Testament; 'I also heard the voice of the Lord calling, saying who shall I send and who will go for me. And then said, here I am Lord, send me.' That was Bradley Smith. His parents have one concern, one request only. That we never forget. And I know my colleagues join me in that mission of never forgetting. We were upstairs and I was… they had some things that we wanted to display on the House Floor and I said, well, I don't know what the protocol is. But if we can't display them in front of the podium, we will put them at Jim Sacia's desk, and we don't have to even ask. Because I know it's Representative Sacia is honored. When I came to the floor and set the items on his desk, Jim was unaware. Then he came down and I explained what was going on and he said, well, Ron, I'll stand back here because as far as I'm concerned that is a place of honor. So, Representative Sacia, we say thank you. To the… the parents, Gary and Paula, who are joined by friends in the Republican gallery, I say to you, we will never forget. God bless you."

"Honor… could we honor the parents, please."

"Thank you, Mr. Speaker. A point of personal privilege."

"I think it's very fitting that we rise in tribute to this Airman, but I think more importantly is the thousands of men and women that are still fighting in Afghanistan and other points for the freedoms of this country. I had a letter last night from a constituent in my district who is serving his second term in Afghanistan. He's been an Army officer for 19 years, left a wife and six children to go to Afghanistan and serve in the 909th Forward Surgical Team. This particular soldier is also at the front line, trying to serve medical services to those soldiers who might be injured. And he indicates that having that kind of forward service is so critical to minimizing the damage of our fallen soldiers. He also went on to say why we are there and what we're fighting for. He was there 7 years ago and going back now has seen a contrast between the locals. And he says that the concept of democracy and personal freedoms still elude many, but capitalism seems easier to grasp. Without exception, every local I meet has aspirations to travel to or move to the United States. Despite what I often feel is negative media attention, the concept of what our nation is built upon continues to shine brightly in other corners of the world. Each days here serves as a reminder of how fortunate we are. This is a soldier that was raised in Texas but has moved and adopted Illinois. We have a lot of people leaving our state and disparaging the life that we have 09600105.doc 8  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 3/2/2010 here in this country and particularly here in this state, but I think the officer that we honor here this morning, the men and women that are still serving, are telling us that we need to appreciate what we have, try to preserve what we have and most importantly work together to solve the issues that we have here in this state. So, I ask for you to remember in your prayers, not only this family and this airman, but also all of those who fight and work and need our protective prayers and try to serve the best interest of democracy. Thank you."

"Mr. Speaker."

"Why don't you go… why don't you go through… you only have a few more Bills on Second Reading then could you come back to me at that time?"

"Thank you."

"Thank you very much, Mr. Speaker. I rise to a point of parliamentary procedure."

"Thank you very much. Mr. Speaker, I have filed the requisite Motion to suspend the appropriate rule and discharge House Resolution 844 from the House Health care Availability and Accessibility Committee. Under House Rule 58(a), any Member may move that a standing committee or a special committee be discharged from consideration of any legislative measure assigned to it and not reported back unfavorably. Under House Rule 58(d), the requirement that the Motion appear on the Calendar may be suspended with an affirmative vote of 71 Members. Under applicable House Rule 54a(a), Section 2, all Motions are assigned Standard 09600105.doc 25  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 3/2/2010 Debate and I wish to debate, my Motion to Discharge the committee. Upon the conclusion of the debate, I will ask for a recorded vote on the Motion to Discharge. Under Rule 49, Article IV, Section 8(C) of the Illinois Constitution, any vote shall be by a recorded vote whenever 5 Representatives so… shall so request. There are at least 5 Members on my side of the aisle that wish for a recorded vote on the Motion to discharge the measure from the House Health Care Availability and Accessibility Committee. Therefore Mr. Speaker, my Motion is to Discharge House Resolution 844 from the Health Care Availability and Accessibility Committee and suspend the relative section of House Bill(sic-Rule) 58(b) relating to the Calendar requirements and for the Resolution to be placed on the order… appropriate Order of Business. Thank you, Mr. Speaker."

"Yes, Sir."

"That's my understanding."

"Yes, Mr. Speaker. I've not heard any request to bifurcate my inquiry. I am seeking not only the discharge of the committee, but I am also seeking the other applicable rule to have this voted on. So I am making two 09600105.doc 27  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 3/2/2010 Motions and I assume they will be treated as an entity. And I would just simply say in response, the rules clearly allow for this procedure. The procedure has been used before, by your side of the aisle. So I don't think this is out of order. Anyone can make the Motion to suspend the applicable rule, which would take 71 votes. And I don't think there's anything out of order about asking that the Resolution be discharged from the committee."

"Well, thank you very much, Mr. Speaker. Under House Rule 57(a) I would move to appeal the ruling of the Chair, and only allowing the one vote. And let me very briefly, Mr. Speaker, if I could, speak to the Resolution. The Resolution simply says that health care reform is an issue of debate in Washington. That is unassailable, it is. That debate has been going on probably since the late 1930s. And I think everybody on this floor, regardless of what side of the aisle you sit on, understands the need for quality and affordable health care. However, and I think it's the duty of each and every one of us in this chamber, given the fiscal condition of the State of Illinois, is that we look at the two proposals currently before the 09600105.doc 28  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 3/2/2010 United States Congress. Under one proposal the State of Illinois could see a reduction of about $500 million in Medicare cuts for our senior citizens. And I am one of those senior citizens, and I have my Medicare card in my billfold to prove it. Reducing Medicare coverage for those who need it the most would be, I think, irresponsible. The second, and perhaps the most dangerous for the State of Illinois, is the proposed expansion of Medicaid eligibility. It's been estimated that Illinois could see thousands of people added to the Medicaid rolls if that part of the health care Bill being discussed would be adopted, at a cost to the State of Illinois of about a billion dollars. Which we simply, and I think whether you're Republican or Democrat you know that we simply cannot afford at this time. House Resolution 844, I don't think is partisan. Simply sends a message to the Illinois Congressional Delegation that we urge them to be very careful about what they're doing to possible Medicare shifts and extremely important that they be very careful how many people they add to our Medicaid rolls. You'll re… you'll recall our late and unlamented Governor tried to add thousands of people to the Medicaid rolls, often without our consent, or without a Bill, or without an appropriation. And we're paying the price for that at this time. This is a good Resolution. I hope at some time you'll allow us to debate the Resolution in full on the House Floor. Mr. Speaker, at this time I will withdraw my Motion to appeal the ruling of the Chair."

"Thank you, Mr. Speaker. I rise in support of Representative Black. And while it's not my normal place to…"

"Well, a point of personal privilege, if I may."

"Thank you. Representative Black, I appreciate what he did a minute ago, but in fact he… he undershot the potential cost to the State of Illinois. It is in fact $1.4 billion. And rather than take me or his word for it, I posted on my Web site on February 9, a copy of the Illinois Policy Institute study that estimates this at a minimum of 1.391 billion in additional cost to the State of Illinois. So I would urge all Members to go take a look at that study. It is primary sourced. It is not a number picked out of thin blue air. The documentation is there to look at it. And in the current fiscal shape of the State of Illinois, I think everyone in this Body should take a look at that report, 1.4 billion additional added to our deficit if this passes. Thank you, Mr. Speaker."

"Thank you, Mr. Speaker. I don't know whether it's a point of personal privilege, I would guess."

"It has come to my attention, as the spokesman for the Public Utilities Committee, that certain Bills are going to be referred to subcommittee and… I asked the chairman why that would be? And basically the response was that… that she has made a choice to do that, based on the… fact that the con… the Bills are controversial. Mr. Speaker, we take up controversial Bills every day in our committees, that's what we do. That's why the people have sent us here. And… and I would only say from this side of the aisle I'm a little concerned about handling the committee in that way. 09600105.doc 32  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 3/2/2010 I… I think it's very important that these Bills have a hearing and it might be that some of these Bills won't even be called because the Sponsors are working very diligently to try to come to some kind of resolve on some of these Bills 'cause that's what we do. But for all of a sudden for a chairman to just say, I'm going to create a subcommittee and I'll drop these in… unless it's direction from Leadership of ideas and I don't think that it is in this case, it's not a prac… good practice. And it's not a policy that we normally do here. We allow people to have a hearing. Now, we all know that subcommittees are created and… and sometimes misused in the fact that… that you can kind of stack the votes because it only takes 3 votes. I'm very concerned about this procedure. I brought this up last week. Apparently no one heard or… or no one's really concerned. Now, it can happen to anyone on this floor. Ladies and Gentlemen, we actually should have certain rights as Members to have our Bills heard. And now if… the Speaker or… or someone in those positions of Leadership have specific concerns that… that they want to use the procedures to not allow a Bill to move, then we all understand that. You know, we… we might disall… dis… we might not like it, but we should at least allow these Bills to be heard. And I would encourage the Speaker, not the Speaker here now, but… but Speaker Madigan, to talk to his committee chairs and see if that's the policy that we want to continue to have. We're trying to work together. I brought that up last week before we left, and instantly we go right back into this on one of the first committees. I 09600105.doc 33  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 3/2/2010 have to find it out through a staffer that we're going to refer certain Bills to subcommittees. And then the answer that I'm getting from the chairman is basically that's the way I decide to do it. Well, that… that's not a real good answer. As matter of fact, how do you tell that to the 108, 110 thousand people that I represent or the other people that are having their Bills referred to subcommittee that, no, we don't have that right to go ahead and hear the debate. To at least present it. Even to a committee forum of more than three people that is controlled by that chair. Mr. Speaker, I hope that we move forward to try to correct these problems. I'm very concerned. I'd love to hear from the Lady on the record why it is that we're moving in this path."

"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I… I hope you were paying attention, but many of you already have your mind made up or you just do what you're told so you don't pay any attention. I think Representative Bost brings up something that I think is as egregious as anything I've seen since back in 1992. We… we fought some of these battles in 1992 where we were not allowed to call Bills, our Bills were put in subcommittee. We were treated not as second-class citizens on the Minority side of the aisle. We were ignored. And I would remind you that you lost your Majority in 1994. Now I don't know if that had anything to do with it but I think it did. There comes a time when 09600105.doc 34  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 3/2/2010 anybody, Republican or Democrat or Independent, looks at this situation and says that isn't right. It isn't fair. It isn't what they expect. We're just like anybody else in the Minority or in the Majority. We run around to various committees trying to call our Bills. Almost every Bill I have this year was brought to me by a constituent. And I think the constituent has a right to have his or her grievance addressed by committee. If the committee doesn't like the Bill, they can vote it down, but at least my constituents will say, well, I had an opportunity to bring a particular grievance or concern to a committee. So we get to committee and they are assigned to a subcommittee without any constructive notice to us. Last week I had a witness travel from Danville, that's a 250 mile round trip, the Bill was assigned to subcommittee before he even got into the committee room. I don't think that's right. I don't think it's fair. And what happened to me last week… and I sometimes, I know this comes as a shock to some of you, I know sometimes I don't handle things as well as I… my mother would… would've taught me and did teach me. But I had a committee chairman last week say I'm not going to call your Bill. Well, the chairman didn't tell me that. He sends a staffer out to whisper in my ear. The chairman is not going to call your Bill. Why not? He doesn't like it. So, I stuck around for almost an hour. And I daresay if any of you on the Majority side who has the seniority and a position in… in House Leadership were treated the way I was, you'd be just as mad as I was. So, I sat there for about an hour and I wanted it on the record that he wasn't 09600105.doc 35  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 3/2/2010 going to call my Bill, and I finally got it on the record. And I was told that it wouldn't be called because he didn't like it. He thought somebody else's Bill was better. That may be, but I thought I had an inalienable right to call my Bill. And if he didn't like it and could convince the majority of the committee that it wasn't any good because he didn't like it, the Bill would've failed. But this is a Bill I've been working on for 10 years. And the… the Bill that passed was a higher number than mine, both written by the same person in the Legislative Reference Bureau, but his Bill was better. His Bill was better because he was a Democrat. And I understand some of that. Mr. Speaker, I've known you and I knew your father before you were here. And I know personally that you don't indulge in this kind of behavior and most committee chairs do not. One of the… one of the committee chairs that I learned a great deal from 20 some years ago was former Member Al Ronan. Al could be very partisan, but he treated people fairly in committee. He would give you all kinds of hints. He would say I'm not sure your Bill is ready. I'm not sure that your Bill is timely. I'm not sure you want to do this today. Now if you picked up on what Chairman Ronan was… was saying, you'd go talk to him and you'd come back next week. If you persisted, then Chairman Ronan would allow a vote on your Bill and 99 and 44/100 percent of the time, if you didn't pick up on his hint, your Bill was defeated. We don't have to be this way. I've written all of the committee chairs that would not allow my Bills to be heard last week and I've asked them please, please let me at 09600105.doc 36  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 3/2/2010 least call the Bill. On behalf of grandparents who mourn the loss of their granddaughter, who was killed. On behalf of a man who's trying to run a business and he gets a utility bill in the mail, and because the mail can be somewhat unreliable today, he gets the bill, and he has 72 hours to pay the utility bill or face disconnect. Nope, can't call that Bill. I know why the Bill doesn't want to be called. The utility companies don't like the Bill, but I didn't think they ran this place. And I could give you additional bills that are assigned to subcommittee, where you don't talk to the sponsor you don't know the genesis. Somebody gets to you, lobbyists or whatever, and just tells you to kill the Bill and so that's what you do. It didn't used to be that way here. Members were treated with a certain degree of respect and they had a chance to address their constituents concerns and grievances. And that needs to be done today. Don't revert back to what happened in 1992. That wasn't necessary. It went way, way too far, way too far. And it looks to me like we're headed that way again. And there is no reason to do that. You have the Majority. If you don't like a Bill in committee or I can't explain it in a reasonable fashion you have every right, and I would expect you to defeat that Bill, if it wasn't submitted in a good form or a proper form. But the way you're doing it now there's no reason for us to bring witnesses over, there's no reason to even try to present our Bills. That's a mistake. That is a… an injustice to the people as, Representative Bost so eloquently said, it's an injustice to the people that we represent. And they 09600105.doc 37  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 3/2/2010 don't get mad at me, when they come over and aren't allowed to testify. They get mad at the Majority Members of the committee who refused them the common courtesy to tell you why they're upset about a Bill. This needs to stop and it needs to stop today."