Speaker Lyons: "Good morning, Illinois… or good afternoon, Illinois. The House of Representatives will come to order. Members are asked to please be at your desks. We shall be led in prayer today by Pastor Steven Hill who is with the Westminster Presbyterian Church in Decatur, Illinois. Pastor Hill is the guest of Representative Bob Flider. Members and guests are asked to please refrain from starting their laptops, turn off all cell phones and electronic devices and rise for the invocation and the Pledge of Allegiance. Pastor Hill."
"Thank you. Let us pray. Today we breathe in God's gift to us, life giving air. We breathe out and also rid ourselves of unnecessary stress and tension that keeps us from being our best self. We pray for wisdom. Again, we know about unintended consequences. We live with the results of unexpected consequences from past Leaders. Our lives, our state, our nation have been made more complicated by the actions of others and also made better. So it has been; so it will be. Help us God to see down the road so others will bless our names. And we are a careful bunch of people. We know about keeping your friends close and your enemies closer. Then we wonder if others who keep us close are our friends or our enemies. Yet, we all breathe the same air, life giving air. We pray, Oh God, that together we may breathe the same air and we can listen to the concerns of others. Give us the wisdom to recognize unintended consequences. Then give us the gift of creation making something that You will call good, Amen." 09600107.doc 1 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"Representative Keith Sommer, would you lead us in the Pledge?"
"I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
"Roll Call for Attendance. Leader Barbra Flynn Currie, Democrats."
"Thank you, Speaker. Let the record please reflect that Representatives Boland, Joyce, Mendoza, Osterman, and Thapedi are excused today."
"Thank you, Leader Currie. Representative Mike Bost, GOP."
"Thank you, Mr. Speaker. Let the record reflect that all Republicans are present today."
"Thank you, Sir. Mr. Clerk, take the record. There's 112 Members answering the Roll Call, we are prepared to do the work of the people of the State of Illinois. Representative Chapin Rose, for what purpose do you seek recognition?"
"Mr. Speaker, I wanted to bring something up that's happened this week and a point of personal privilege. But Ladies and Gentlemen, the Members of this House, you know, our side of the aisle has been pretty willing to waive the 24-hour requirement on small items that come before us for Amendments. We work with your side of the aisle in doing that. Twice now in as many days we've had our Amendments refused by your side. This morning you had the Amendment 23 hours and 30 minutes, not 24, you're right, 23 hours and 09600107.doc 2 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 30 minutes. It was a one sentence agreed Amendment. One sentence, agreed Amendment. Your staff had it 23 hours and 30 minutes and it was refused to waive the 24-hour requirement and hear it in committee. Now, that's just silly. Quite frankly, it's stupid because, you know what, now rather than take the time of the 7 people on the committee, I've got to file it as a Floor Amendment and waste 118 people's time, on a one sentence agreed Amendment that could have been easily adopted this morning at 9 a.m., easily adopted. All week long we've waived the requirements here and there on things that are agreed, things that are noncontroversial, things that aren't going to upset the applecart, let alone Mr. Mapes. Now, Mr. Speaker, this is early in the process and if you want we can just not waive the requ… the 24-hour posting requirement on everything from now on, on everything. But what really worries me, as Members, is to allow tech review staff to say no, on a 24-hour waiver, on a one sentence agreed Amendments. Now, we've got to waste everybody's time considering it as a Floor Amendment. Now I'm sure, maybe, it won't come out Rules 'cause I got up and complained, but at the end of the day, it's just silly to waste everybody's time. So, for what it's worth, if next week our side of the aisle doesn’t waive 24-hour posting requirements you'll know why, but I really don’t want to do that. I really think it's silly… I think it… I think it is not practical and I don't think there's any real reason to do that. And all we're asking for is just a little bit of in-kind consideration on your side of the aisle. Again, 09600107.doc 3 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 these aren’t major 50 page Amendments of controversial topics. One sentence simple things ought to be agreed to. And frankly, it's just going to be a waste of everybody's time when we have to do them as Floor Amendments. So, thank you, Mr. Speaker."
"Thank you, Representative Rose. Mr. Clerk, Committee Reports."
Clerk Bolin: "Committee Reports. Representative Howard, Chairperson from the Committee on Judiciary II-Criminal Law reports the following committee action taken on March 04, 2010: do pass Short Debate for Senate Bill 1702, House Bill 5043, House Bill 5060, House Bill 5197, House Bill 5401, House Bill 5443, House Bill 5444, House Bill 6… 5666, House Bill 5776, House Bill 5791, House Bill 5900, House Bill 5931, House Bill 5966, House Bill 6141, and House Bill 6210; do pass as amended Short Debate for House Bill 4987, House Bill 5832; do pass Standard Debate for House Bill 5673; and do pass as amended Standard Debate for House Bill 5394. Representative Bellock, Chairperson from the Committee on Medicaid Reform, Family & Children Services reports the following committee action taken on February(sic March) 04, 2010: do pass Short Debate House Bill 5113, and House Bill 5241. Representative Rita, Chairperson from the Committee on Health & Healthcare Disparities reports the following committee action taken on March 04, 2010: do pass Short Debate for House Bill 5407. Representative Moffitt, Chairperson from the Committee on Fire Protection reports the following committee action taken on March 04, 2010: do pass as amended Short Debate 09600107.doc 4 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 for House Bill 5664; and recommends be adopted House Resolution 819. Representative McAuliffe, Chairperson from the Committee on Veterans' Affairs reports the following committee action taken on March 04, 2010: do pass as amended Short Debate for House Bill 5398. Representative McCarthy, Chairperson from the Committee on Personnel & Pensions reports the following committee action taken on March 04, 2010: do pass Short Debate for House Bill 4582, House Bill 4851, House Bill 5366, House Bill 5417, and House Bill 6152; do pass as amended Short Debate for House Bill 4960, House Bill 5668, and House Bill 5873. Representative May, Chairperson from the Committee on Environmental Health reports the following committee action taken on March 04, 2010: do pass Short Debate for House Bill 6158, and House Bill 6201; recommends be adopted House Joint Resolution 95. Representative Harris, Chairperson from the Committee on Youth & Family reports the following committee action taken on March 04, 2010: do pass as amended Standard Debate for House Bill 6088; and do pass Short Debate for House Bill 6034. Representative Verschoore, Chairperson from the Committee on Counties & Townships reports the following committee action taken on March 04, 2010: do pass Short Debate for House Bill 5969, House Bill 6125, and House Bill 6178. Introduction of Resolutions. House Joint Resolution 109, offered by Representative Cross and House Joint Resolution 110, offered by Representative Graham."
Speaker Lyons: "Ladies and Gentlemen, we are going to be starting on Third Readings momentarily. Anyways on page 13 09600107.doc 5 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 of the Calendar, we'll pick up were we left off. But, first Representative Black, you seek recognition."
"Yes. Thank you very much, Mr. Speaker. Parliamentary inquiry of the Chair."
"State your inquiry, Sir."
"Thank you. Mr. Speaker I have filled out the requisite form in writing and under House Rule 18(g) I move for the discharge of House Bill 4095 from the House Rules Committee. Under House Rule 54(a), subsection 2, all Motions are assigned Standard Debate status and I wish to debate my Motion. Upon the conclusion of the debate, I ask for a recorded vote on my Motion to Discharge. Under rule 49, Article IV, Section 8(c) of the Illinois Constitution, any vote shall be by a record vote whenever 5 Representatives 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 Rules Committee. And Mr. Speaker, before you rule… before you rule just a moment. I'm sorry. Yes, yes. There's an important conference call for Majority Leader Currie in the Governor's Office. If she could get there right away, it would help."
"Thank you very much for giving the Leader that information, but I think she has something to add to this debate, Mr. Black. Representative Currie, you seek recognition."
"Thank you, Speaker. I object to the Gentlemen's Motion. And I…"
"Mr. Black." 09600107.doc 6 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"I…"
Speaker Lyons: "The Motion fails on lack of the unanimous consent."
"Well, I… I don’t know why she wanted to miss that meeting, but… Well, you're ruling then that the Motion would fail for a lack of unanimous consent. Okay. Can we on its face, can we change that to a two-thirds dissent? All right. I won't… I won't pursue it. You've… you've denied my Motion for lack of unanimous consent, so on that point, let me rise to a point of order. I specifically requested a Roll Call vote on my Motion pursuant to rights granted to all Members in the Illinois House of Representatives and under the Illinois Constitution. This breach of the rules should be corrected immediately with a Roll Call vote on my Motion to Discharge."
"Mr. Black, I'm advised that on the… according to Rules, the lack of absolute unanimous approval of your Motion the Rules specify that the Motion fails. So…"
"All right. So, that I make sure I understand you, then. You're saying that my Motion is out of order because of a lack of unanimous consent. Is that your ruling?"
"There specifically your Motion failed because of a lack of unanimous consent."
"All right, Mr. Speaker. Then the only… the only choice I have left is under House Rule 57(a). I move to appeal the ruling of the Chair and that there be a recorded vote on the Motion to overrule the Chair."
"Mr. Black has made a Motion to overrule the Chair. So, the question shall be, for the Membership 09600107.doc 7 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 'Shall the Chair be sustain?'… 'Shall the Chair be sustained?' All those in favor of sustaining the Chair vote 'yes'; those opposed vote 'no'. The voting is open. Representative Dugan. Mr. Clerk, take the record. By a vote of 63 (sic-64) votes voting 'yes', 48 votes voting 'no'. The Chair is sustained. Ladies and Gentlemen, again, getting back to where we left off on the Order of Third Readings starting on page 13 of the Calendar. In the middle of the page, Representative Brady, you have House Bill 4700. Read the Bill, Mr. Clerk."
"House Bill 4700, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"The Gentleman from McLean, Representative Dan Brady."
"Thank you very much, Mr. Speaker. Ladies and Gentlemen of the House, House Bill 4700 deals with a university police plate, specifically, for those of our state universities that have university police forces. These would be plates for the law enforcement vehicles, not a plate that would be used amongst citizens across the State of Illinois, but designed for the use of the law enforcement vehicles. And I'd be happy to answer any questions."
"Is there any discussion? The Chair recognizes the Gentleman from Cook, Representative John Fritchey."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields"
"Where… where is… there he is. I was just looking for him. What is the purpose here? If somebody… we already 09600107.doc 8 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 have university plates. We have those U plates. And given the debate that we have on a consistent basis about the proliferation of these various plates, and obviously this is not a specialty plate like many of the other recreational plates that we see, et cetera, but I guess why the need for a university police plate as opposed to simply just putting university plates on those cars?"
"Thank you, Representative, very good question. The university police plates are an initiative of the University Police Chiefs Association. They, I believe, wanted to have identified on their marked as well as unmarked vehicles a university plate designed specifically for those forces… those police forces within our university. So, it's an initiative of the Chief's Association of the university police departments."
"Well… and I get that. And I don’t want to belabor what some people may consider to be a trivial point, but I guess, this is what's going through my mind. If they have… if they were to come across a vehicle with university plates, the people that would be doing the checking of that car to see if it’s a university vehicle or a university police vehicle would most likely be the university police and they would know whether or not these vehicles are one of theirs. So, I don't know why they would need a plate to demarcate one of their own vehicles so they can identify a car as being one of their own. I mean, and I'm not being facetious, Dan."
"No."
"I mean, do you see what I am saying though?" 09600107.doc 9 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"I understand. Sure. I'm… I'm not debating that with you. I'm saying that the imitative came to me from the University Chiefs Association. They asked if we would try and move a Bill forward on this so that they could have harmony within the universities of their squads. I told them I would try and advance the Bill."
"Okay. To the Bill. And I obviously don't fault the speaker and it's not the type of Bill that incurs fault, but at a time when we're talking about, you know, having too many plates and too many issues for law enforcement to do this, this is a situation really that just logically falls on its face. They want basically a subset of university plates for university police when it is in fact as I just said the university police that would be trying to see who has these vehicles. Nothing is really furthered and nothing is accomplished by having another category of plates within the university arena for university of police specifically. They are the ones that are patrolling and they have a very important and vital function, and as we have seen from tragedies on our campuses, university police probably do not get the respect and acknowledgement that they deserve. But I don't know that we are furthering any mission or any goal in having another set of plates within the university field or within the Secretary of State's arena for this issue. I would just ask you to think about this. It may strike many of you as a mundane or routine vote, but at some point in time we actually need to think about what we’re doing here. Thank you." 09600107.doc 10 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
Speaker Lyons: "The Chair recognizes Gentleman from Cook, Representative Kevin McCarthy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, there's some confusion on our system here. Under the status, where it has a short description of the Bill, it says that this…there's no charge for this plate. Under the analysis it says it's $99. Could you clear that up for me?"
"It's my understanding because of this Bill would put the plates under the same Act as municipal plates… of the university plates, that the universities themselves would have to be paying, I believe, $8… a one-time fee of $8 for the plate."
"So, the $99, wherever that came from, is not applicable here?"
"I am not aware of the $99, Representative."
"Okay. And could you restate… on the question from Representative Fritchey, you said something about undercover… that the police chief said something about undercover police cars."
"Well, I believe that the idea was to have the plate for all their vehicles, whether that be a marked, in other words a vehicle with lights on top of it, or a unmarked with lights inside the vehicle that presently uses a university plate that they would have these designated plates. If there's a covert vehicle that's a different story, but to my understanding for their marked and unmarked squad, that this plate is what they are seeking." 09600107.doc 11 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"So, they would use the same plate on a marked car or an unmarked."
"That's my understanding."
"And the FOP… I mean…"
"Not a covert car, an unmarked car."
"An unmarked car. But the FOP, I mean didn't they… I mean, that seems to be somewhat dangerous to me that they would have a… I mean, people will learn what the plates are pretty quickly and that kind of takes away the benefit of having an unmarked car, if they have a special plate on there."
"Right. Well… that unmarked vehicle presently right now has a university plate or a municipal plate.
"Really."
"So, I'm not talking about… I'm just talking about an unmarked car that may not have lights on top… university police on the side."
"Well, in working with the proponents… in working with the proponents, you might suggest that for unmarked cars they use a completely nondescript plate. I think it'd be a little more successful at sneaking up on people and things, so… but…"
"I understand that. There's covert, unmarked vehicles and there's vehicles that, I guess, to the public you would say does not have a light bar on top, decals on the side, but it's still very noticeable that is a squad car."
"Okay. Well, I'm going to… I'm going to think about the advice I got from one of the… one of the Legislators from your area, Representative Dan Rutherford, about 12 09600107.doc 12 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 years ago as I decide how to vote on another special plate. So…"
"I… I certainly can understand that. I've always taken Senator Rutherford's opinion on certain issues very seriously, and will always agree to give him due process."
"Thank you very much."
"Thank you, Representative."
"Representative Black."
"Thank you very much. Will the Sponsor yield?"
"He awaits your questions, Mr. Black."
"Well, I'm not sure of that, but I appreciate the fact that he yields. Representative, I'm trying… I'm trying to get my mind around this. Will each university have a different kind of plate or will each… every university simply have a plate that says university police?"
"It's my understanding, Representative, that each university police department that has a university police division would have the same universal design police chief's plate."
"Okay. So, we couldn't put a… a red bird, for example, on Illinois State Police… Illinois State University police plates, even though I think it would be a good touch."
"It's my understanding not unless you did it by permanent magic marker."
"And so that would then obviously, you know where I'm headed with this, that would preclude any Chief Illiniwek on the University of Illinois plate."
"Right. Because I don't think he's the mascot any longer, but he was not…" 09600107.doc 13 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"He was an honored symbol, please."
"And I… I agree with you on that…"
"Okay."
"but no, it would be a universal plate that did not have a…"
"Okay."
"…mascots. It would just be specific to the university."
"So, it would just be…it would be one design for any and all university police cars?"
"Yes, Sir."
"That seems to be the cheapest way to do it, I would assume."
"Yes."
"Okay. They have a license plate on the front and back?"
"Yes."
"I don’t know where that Bill is, but at onetime, we were just going to have one plate. So, they'll have two plates?"
"As of right now."
"You know, you may want to look into changing this later on because we need the money. Maybe that rear plate we could… we could carry advertising. On that university police plate, you know for six weeks for the right amount of money we could advertise Joe's pizza or Buffalo Domestic Wings or anybody that would be willing to pay money that would then be accrued to the university." 09600107.doc 14 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"That's an idea I'll be happy to bring up to the Chief's Association who brought this to me."
"I wish you would because I could envision… nothing would make me any happier than to return to where my children went to school and see a university police car with an advertisement on their rear plate that says vote for Dan Brady."
"Now, you're talking."
"The possibilities are endless."
"Thank you."
"Representative Brady, you care to close?"
"Thank you very much, Mr. Speaker, and Ladies and Gentlemen of the House. I would simply ask for a 'yes' vote on House Bill 4700."
"The question is, 'Should House Bill 4700 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 99 Members voting 'yes', 13 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 13 of the Calendar, Representative Ford has House Bill 4756. Read the Bill, Mr. Clerk."
"House Bill 4756, a Bill for an Act concerning public aid. Third Reading of this House Bill."
"The Gentleman from Cook, Representative LaShawn Ford." 09600107.doc 15 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"Thank you, Mr. Speaker and Members of the House. House Bill 4756 creates the Farmers' Market Technology Improvement Program Act, in an effort to increase access to fresh fruit and vegetables and other LINK eligible food products for Illinois residents. This allowed people that have the LINK card the SNAP benefits to use those benefits at traditional farmers' market. And Amendment #1 and 2 clears up any opposition and there's no impact to this Bill. And I ask for an 'aye' vote."
Speaker Lyons: "The Chair recognizes Gentleman from Cook, Representative John Fritchey."
"Thank you, Speaker. To the… to the Bill. I just saw this for the first time this morning. This is a damn good Bill. This is the type of… it's innovative, it makes sense. Representative Nekritz, I have a lollypop in my pocket. Okay. Is that better now? No, all kidding aside, this is an innovative piece of Legislation when we talk about the issues of access to healthy foods in communities that don’t normally have it, when we talk about having healthier kids. When we talk about dealing with the issues of obesity, when we talk about long-term effects and long-term health effects and cost of long-term health effects of having a healthy diet, here is a piece of legislation that did come from a special interest group, wasn’t filed for political reasons, but is an innovative way to get at an issue of helping people that would not have access to these foods, to have access. It has economic benefits for us. It has health benefits for us. I wish we would see more Bills along these lines just from 09600107.doc 16 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 the innovation and just from the thinking. Representative Ford, I commend you. This is a great idea. I commend you for bringing it forward. I cannot imagine anybody being opposed to this piece of legislation. I strongly recommend an 'aye' vote. Thank you."
"The Chair recognized the Gentleman from Cook, Representative Will Davis." Davis, W.: "Thank you very much, Mr. Speaker. To the Bill. I, too, rise in strong support of this legislation. Many of you may be familiar with some of our efforts to try to deal with what we call food desert areas, in which we are trying to bring light to geographic areas where unfortunately individuals in those areas do not have access to fresh fruits and vegetables or full-service grocery stores. There are a couple of issues that plague our communities these days one being childhood obesity as well as limited access to certain types of foods, or fresh fruits and vegetables. This is certainly an effort to try to… to try to get at that. So, anything that we can do to support farmers, farmers' markets to come into our areas where traditionally maybe they haven't gone because the technology has limited an individuals ability to be able to purchase fruits and vegetables. These are the things that we need to be trying to do and this is certainly the right types of things. And it's unfortunate because of communities that I represent where unfortunately there are no full-service grocery stores that we have to fight… to fight with the retail side of it and try to figure out ways to incentivise getting grocers to come into certain areas 09600107.doc 17 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 and to certain communities. I am engaged in that discussion now with certain grocery stores trying to understand why, because individuals who… who are on public assistance who have limited resources, they, too, want to eat and they want to be able to eat healthy. And they want access to good foods and fresh fruits and vegetables, but nevertheless you have to twist the arm of some retailers to get them to come into certain communities. I happen to represent the community of Harvey that unfortunately suffer… suffers from lack of access to fresh fruits and vegetables and full-service grocery stores. Unfortunately, it may be considered a minority community which may be part of the problem, but right next door to it is another community half the size of Harvey that's unfortunately not considered a minority community but it benefits from having four full-service grocery stores in its city limits, four. Half the people, four grocery stores; twice as many people, no full-service grocery stores. It's an unfortunate circumstance that exists. So, if this is an attempt to try to help communities like that, in addition to provide and deal with the issues of childhood obesity and diabetes and other things that plague certain communities, I encourage everyone to stand in support of this Bill and vote for it in a positive way. And again, I want to commend the Representative on his efforts like was mentioned before. It's innovative; it's creative and that's the type of attitude that we need down here in Springfield. So, again, I want to encourage everyone to vote for this piece of legislation. Thank you." 09600107.doc 18 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"Representative Bill Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, the Committee Amendment #1 becomes the Bill, is that correct?"
"Yes."
"Okay. Let me just ask you a few questions. The underlying Bill had a potential fiscal impact of $3 million. Now, the Committee Amendment #1, the Department of Human Services said that it would be approximately $310 thousand. Now, if memory serves me correctly and maybe your staff can help… help me, when we actually used food stamps, I believe food stamps could be used at farmers' markets and at onetime I think they were extensively. I think… I think the WIC card, the Women, Infants, and Children card can be used at farmers' markets. The only concern I have with your legislation is that, who's responsible for setting up the wireless data terminal that has to be used to swipe the LINK card?"
"Representative, that would be the farmers' market owner, the owner of the farmers' market, vendors."
"All right. Do you have any idea… I'm in a rural area and I know that the people at my farmers' market will support your legislation. But it’s the wireless procedure that I'm not sure that I… some rural farmers' market just don't have wireless access."
"Representative, it's not a requirement for the vendors to take this as an option." 09600107.doc 19 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"Okay. So, it… it's… and I'm… I'm not trying to do anything to harm your chances of the Bill. I know that my farmers' market people when food stamps were like currency they took them. And I think they take the WIC card and I'm sure they would take the LINK card, but in my area I'm not sure we could get a wireless terminal. That would be the determining factor. So, what you're saying then is in Amendment #1 if for reasons of lack of technology, the digital divide if you will, they can't take them, then that’s… that's a decision that would be made by the farmers' market people."
"That's right."
"All right. Now, in areas like Champaign-Urbana where they do have more wifi than Danville, would every vendor have to have a card or would there just be one terminal where you could go and make the transaction?"
"It depends on the FNS requirements, I'm told by staff."
"All right. So, that would be a determination made by the people who organize and run the farmers' market?"
"Yes."
"Okay. Again, the only other thing, and I think we have to this year, is concentrate on cost and with your Amendment that's come down considerably and from what I read on our staff analysis DHS and the Department of Agriculture will try diligently to find funding so that this $310 thousand, if that is what it ends up costing, will not have to come out of General Revenue Funds, correct?"
"That's correct." 09600107.doc 20 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"All right, thank you."
"Representative Ken Dunkin."
"Thank you, Mr. Speaker. I, too, rise in support of this legislation. There are a number of us across the state who know individuals who grew up on public welfare, such as myself and going to certain stores in the community where they did not accept food stamps, it was sort of a black market. And to have this legislation targeting low- income individuals who may be there temporarily or have very limited options in certain communities where there are simply not a number of really quality produce stores, this Bill really speaks to help answer some of those… some of those problems. And I'm just very, very proud of the Sponsor with this legislation 'cause it's an answer to a lot of these health and nutrition issues that consume our… or should be part of our kids' diet every day especially when they're in school. So, I hope this type of legislation is supported by this chamber. I hope that we can move a great deal of fresh vegetables, fresh fruits, and juices to our elementary school level and especially within our urban areas. So, again, kudos to the Sponsor for this legislation. I think this is some of the things that we should be doing down here in Springfield. I would ask and encourage an 'aye' vote. Thank you."
"Representative David Miller."
"Thank you, Mr. Speaker. To the Bill. I, too, want to rise and compliment the Sponsor of this legislation. As I heard earlier today regarding this debate in terms of diabetes and some health-care related issues, many times I 09600107.doc 21 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 go to the store, too and am waiting for my goods and it's easy to buy stuff that is not the most nutritious. And I see folks in front of me and in back of me and what happens is, is they buy things, as they struggle through today's life and the challenging times here, they just want to take care of their family and they pull out a LINK card. I would argue that… that if they had an option, a difference of knowing that there are better nutritional items for them, not only do they help make themselves healthier, but also they provide an example for their children. And when their children understand the good benefits of a piece of fruit over a bag of potato chips or something that will sustain their selves more in a healthy life-style, then they become better students. In addition, of course, to the dental ramifications of… of a better healthy diet more so than some sugary fruits. And so we shouldn't penalize folks just because of their income level and we want to make sure that they offer all kinds of opportunities for them to make sure that they have healthy available choices to them. It's up to us to help educate them. This is a excellent piece of legislation in a right direction to make sure that all of our citizens contribute to a… the best quality of life that they can have in which would… in turn will reduce overall health care costs from lack of care, high diabetes, from… heart rate, from things like that… that will affect the quality of life. I ask for a favorable vote."
"Representative Marlow Colvin." 09600107.doc 22 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"Thank you, Mr. Speaker. To the Bill. Mr. Speaker, a number of my colleagues have gotten up today and espouse reasons why this is an excellent piece of legislation, and I am in total agreement with their remarks. I think Representative Davis remarks with respect to food deserts, access to healthy groceries, for communities that typically don't have ready access to those has been very good. In addition, in many areas of the City of Chicago on the south and west sides we see more and more farmers' markets. And it is unfortunate that there are a lot of people who only opportunity to purchase groceries are through the LINK card program. Now, but at the root of this issue from a farmers' market perspective is commerce. It's an opportunity to serve more people and to sell more of their goods. I would think that there is not one individual who sells at a farmers' market, if this Bill were to go into law, won't go out and become… and do everything they can to be able to accept a LINK card, if they can't already. I know that the farmers' market in my community in the Hegewisch community on the far southeast side of Chicago, they have a very large farmers' market, and there is not one vendor who doesn't accept debit cards or credit cards. And I don't know if those are the same machines that you use to accept the LINK card, but I suspect that any… any farmer or anyone who sells at a farmers' market who is selling to a community where there would be a high number of people who, are using LINK cards won't prepare themselves to do business with those customers. So, again, I want to just add my congratulations to the Sponsor on a 09600107.doc 23 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 well-thought-out Bill. And as it relates to commerce and business, I think this is going to be good for those individuals who sell at farmers' markets, to give them the opportunity to sell more of their products to more customers and to be more profitable. Thank you."
"Representative Lisa Dugan."
"Thank you, Speaker. Will the Sponsor yield? Well, really, just to the Bill. I just want to commend also as others have and my colleague right before me talked about, and that's kind of what I was going to talk about, was the commerce. And… and I think most of us remember and if we don't, of course, last year we passed the local Food, Farm and Jobs Act. And this type of legislation goes right into line and blends in with what we did that Act for last year and that is to look at how we can get healthier foods but also from the business end and our local small farmers through-out the State of Illinois. So I commend the Sponsor on this Bill and it's great to see legislation that's passed that then we continue to build on it. It's beneficial to the people; it's beneficial to the business and certainly to the agriculture community. Thank you."
"Representative Ford to close."
"Thank you, Members of the House for the support. And I would like to thank staff for working very hard on this Bill. And I ask for a favorable vote."
"The question is, 'Should House Bill 4756 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. 09600107.doc 24 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 Clerk… Ron Wait. Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 2 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Rosemary Mulligan, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. I rise to a point of personal privilege."
"Please proceed."
"In the gallery behind me there are students here today from Main East, Main West and Main South that are going to participate in the Capitol forum program that is this afternoon and tomorrow. Just introduce them, and give them a hand for taking the time to come down and participate in this program."
"Welcome, Main West, Main East, and Main South. Enjoy your day in the Capitol. Mr. Clerk, on page 13 of the Calendar Representative Moffitt has House Bill 4779. Out of the record. Representative Chapa LaVia. Out of the record. Representative DeLuca, you have House Bill 4796. Do you care to move the Bill, Representative? Read the Bill, Mr. Clerk."
"House Bill 4796, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"The man from Cook, Representative DeLuca."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4796, this is the drive-away permit. When an Illinois dealer, automobile dealer, sells a vehicle to an out-of-state resident, the dealer puts a drive-away 09600107.doc 25 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 permit in the window which allows for them to drive for 7 days. The problem that arises is that is takes about 20 days when the resident returns to their state and files for the permanent registration. So, this would extend it from 7 to 30 days. Be happy to answer any questions."
"Any discussion? Seeing none, the question is, 'Should House Bill 4796 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Jim Watson. Mr. Clerk, take the record. On this Bill, there's 111 Members voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Representative Will Davis, you have House Bill 4820. Read the Bill, Mr. Clerk."
"House Bill 4820, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"The Gentleman from Cook, Representative Will Davis." Davis, W.: "Thank you very much, Mr. Speaker. House Bill 4820 is simply the driver's ed… excuse me… the Secretary of State's driver's clean-up Bill. It just simply makes a number of technical changes. The Secretary of State embarks upon this every year just to make sure that their statutes are in-line. I'll be more than happy to answer any questions."
"Is there any discussion? Seeing none… Mr. Black." 09600107.doc 26 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, let me just ask one question about deleting a requirement. This just jumped out at me just a second ago I apologize for being late on the speak button. I live right on the Indiana border and it's not unusual for an Indiana resident to drive a school bus in… in school districts on my side of the border and Illinois residents to drive a school bus on the Indiana side of the border. What I'm… what I saw here deletes a requirement that the Secretary of State forward a certified copy of the record of such action to the motor vehicle administrator in the state where such person resides when a nonresident's operating privilege is suspended or revoked. That doesn't make any sense to me because if it's an Indiana resident who has gotten into some difficulty and his or her ability to drive a… an Illinois school bus is revoked, why wouldn't we want that sent to the Indiana Motor Vehicle Division so that when that individual wants to drive a school bus in Indiana they will already have a record that their privilege has been revoked in Illinois, so perhaps they should look at this applicant a little more… in greater detail." Davis, W.: "Well, Representative, what I'm… what I understand is that the information is still transmitted, but instead of a manual copy being transmitted, it's just simply transmitted electronically. So, the information is still there and still transmitted and still available." 09600107.doc 27 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"Well, is the only thing changing then just a certified copy? I… I interpret that as a certified letter or a certified copy with a seal? So is that the only thing that's being changed?" Davis, W.: "Repeat that for me, Representative?"
"Well, when it says certified copy would no longer have to be sent. I'm not sure I understand in Secretary of State language what a certified copy of that record is. Is it a special copy with the seal of the State of Illinois or does it mean certified mail?" Davis, W.: "Well, I think, Representative, what we're simply trying to make sure is that the information is indeed conveyed. So, your concern is the fact that it's no longer a certified piece of paper?"
"Well, I'm not sure. I… if…" Davis, W.: "Because the information is still transmitted, Representative."
"All right." Davis, W.: "So, that's why I'm going to make sure."
"Okay." Davis, W.: "Is that your concern 'cause we're not sending a piece of paper that has a steal…"
"Okay." Davis, W.: "…seal or a stamp on it any longer."
"And is it transmitted in a timely fashion or just once a year?" Davis, W.: "The answer is yes."
"Okay. So…" Davis, W.: "And again, it's electronic. So…" 09600107.doc 28 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"All right. So, the Indiana authorities would have reasonable expectation that if they get an applicant for an Indiana driver's license to operate a school bus, that they have a database in Illinois to immediately go to and say, well, wait a minute, we can't grant that. You were… you were denied. In fact your license to drive a school bus was suspended for cause in Illinois. I just want to make sure that the states are communicating along the border." Davis, W.: "It's my… it's my understanding that they are, Representative."
"Okay. Fine. Thank you."
"Representative Rosemary Mulligan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, when you certify something, somebody takes responsibility for it. When you don't certify it, nobody takes responsibility for it. So, therefore, if you do this without certifying it you don't know if the person that is sending it off is really doing a good job or actually certifying. And when you're talking about having a medical exam outside of the state, I don't know what the reason would be unless you're looking to overcome some things maybe under a C.D. license or other kind of license. I'm not quite sure why this is considered a clean-up. It seems to me to be giving away some authority and not wanting to perform the jobs of the Secretary of State's Office." Davis, W.: "Well, I don't think they're necessarily giving away authority. Again, the information is available and it's 09600107.doc 29 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 available via electronic communication. So, I guess if there's a request made, we're simply saying that the neighboring state has the ability to look in a database and see the information, and we're simply just saying that the Secretary of State no longer has to send a certified copy of something. But the information is there and is available to the neighboring state."
"So, how do you know for a fact that they're updating the Website that someone can look at? And if no one takes responsibility for certifying it, who is the one that is responsible if it's not updated or the information is not transmitted correctly?" Davis, W.: "Well, obviously, there is someone who has the responsibility of doing this, and if I understand you correctly, Representative, and if I'm the neighboring state and I make a request, your concern is the fact that someone no longer has to actually go look up the information, create a document, certify it and then send it. Which I understand, but again, if the information is available electronically then the neighboring state has access to the information 'cause they're trying to make a decision whether or not to allow this person to be able to move forward in their process, and we're simply saying that instead of fulfilling the requests by sending a document to someone that the information is available electronically."
"So, does this eliminate an employee or what's the reasoning behind this, that no one actually has to certify? You think that anything you put up on the Internet is correct and so that it's fine to do it that way?" 09600107.doc 30 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 Davis, W.: "Well, Representative, I don't think they're necessarily eliminating a job. I think they're simply… the information is already there. So, essentially it probably would be the responsibility of the person who would actually have to send the document. They have that same responsibility to make sure the information is in their electronic system and available to a neighboring state, if that's the information that they're desiring."
"It says here that it removes language indicating that second time offenders of misusing disability license plates or decals can…" Davis, W.: "I'm sorry. Mr. Speaker, I can't hear that question."
"Ladies and Gentlemen, if we could please lower the noise level on the House Floor. Representative Mulligan and Representative Davis need to have a conversation."
"In the dif… in the different areas where you're eliminating redundant language, is that language somewhere in the Bill or just… you're removing it because it's two or three times or is it somewhere or are we removing it totally?" Davis, W.: "Well, I'm going to assume that redundant means that it does exist somewhere and they're just simply removing multiple references."
"With all due respect, Representative, assumptions made in this body… of what's in actual legislation are not always good." 09600107.doc 31 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 Davis, W.: "Well, how about… how about this, Representative, and I can understand, obviously, this is a Bill that hopefully we can get passed and it will be over in the Senate. So, I'll be more than happy to take down all of your questions, make sure that someone from the Secretary of State's Office contacts you, gets your questions answered, so that the Bill can continue to move over in the Senate. Will that work for you?"
"No, because I'm going to vote 'no'. But other than that, I'm sure it'll work for some people here because the goal is to move the Bills out, particularly the people that get their Bills called the earliest, move them over to the Senate and hope that someone in the Senate takes the responsibility to look at it correctly." Davis, W.: "Would you like for someone to come talk to you, Representative?"
"I would like them to show it to me, yes." Davis, W.: "Okay. Be more than happy to make sure they do it."
Speaker Lyons: "No one further seeking discussion, Representative Davis to close." Davis, W.: "Thank you very much, Mr. Speaker. I ask for an 'aye' vote."
"The question is, 'Should House Bill 4820 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 1 Member voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared 09600107.doc 32 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 passed. Representative Jack Franks, on the bottom of page 13 of the Calendar you have House Bill 4854. Mr. Clerk, read the Bill."
"House Bill 4854, a Bill for an Act concerning financial regulation. Third Reading of this House Bill."
"Representative Jack Franks."
"Thank you, Mr. Speaker. We have previously heard this and we moved this Bill back to Second, as Representative Durkin asked for an Amendment to make a good Bill better. We have put that Amendment in and what this would do is to put the… the Act under the auspice of the Department of the Financial and Professional Regulation. And they would be the ones who would be administering the Act. I'd be happy to answer any questions."
"Is there any discussion? Seeing none, the quest… Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, this isn't a question of timing is it? I… pawn broker… they've been in the news lately."
"Yeah."
"This isn't a matter of timing or anything."
"No."
"It has nothing to do with someone's future in politics."
"I'm not that clever, Mr. Black."
"Well, I'm not sure about that. But… I mean I… you have nothing against pawn brokers, correct?" 09600107.doc 33 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"No, not at all."
"I… Going to say I've got a good watch I'll show you here. You know. Actually, Mr. Speaker, I am very proud of this. This is a Rolex that I picked up for a very good price. I'm not sure about the spelling, R o l i x e, but, we'll talk about that later. So, what… what… at first concerned me about the Bill, in all seriousness, was additional regulation on those established pawn brokers, but upon going through the analysis this is regulation on what I would call transient pawn brokers who set up shop and then move on, and move on, and move on."
"Exactly. There was no regulation of those."
"Long… long overdue. Thank you."
Speaker Lyons: "The Gentleman from Crawford, Representative Roger Eddy."
"Thank you. Would the Sponsor yield?"
"Sponsor yields."
"Representative, as amended, my understanding is that the sheriff is still allowed to set the fee."
"No, not as amended, that'd be incorrect. The Department of Financial and Professional Regulations would."
"Okay. Make sure we're looking at the right Amendment over here."
"Should be Amendment #2."
"House Committee Amendment #2. Okay. Give me a second here. So… okay. The portion of the Amendment that says the Act is administered by the secretary of Financial and 09600107.doc 34 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 Professional Regulations. That’s… that's where the fee will be set?"
"Correct. That was Mr. Durkin's objection…
"Okay."
"…prior, so… I agreed with that. I think it makes the Bill better, it takes away a lot of the subjective nature…"
"Okay."
"…that a sheriff could have."
"Okay. So, now that we know where the fee is going to be set is there… is there a limitation on the fee? Is there a way to know how much these individuals are going to be charged?"
"Well, it's just like everything else when we allow the Department of Professional Regulations to do it."
"Okay. It'll be uniform… that's the part that I think…"
"Yes."
"…takes care of that concern."
"That… that was the reason that Mr. Durkin wanted the Amendment, that… and I agree with him."
"Okay. But there… there going to… this is a new fee that's going to be administered through that department and you say it's just like every other professionally regulated activity in the state."
"Well, no, it's not… it's akin. You're asking how this is going to be set and they pick a rational reason for it to cover the cost of what the sheriff is probably going to have to spend because what we're requiring now are for these transient gold buyers to have to register with the sheriff of the county at least 30 days prior to the 09600107.doc 35 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 intended date to conduct business in the county and then submit detailed transaction records which must include the purchaser, seller, and inventory information from the previous day. And then they would be paying this fee to the Department of Financial and Professional Regulations which would cover those costs. And right now this… the Department of Financial and Professional Regulations, as you know, sets the fees for literally hundreds of professions."
"Now… and again, I thought that this was in there and staff just handed me the Amendment #2 and on page 13 of Amendment #2 if you go to line 5 and read on, the fee shall be used to defray the cost of reviewing the records required under the Section and may be apportioned as the sheriff sees fit."
"Well, that's when they get the money how… now the sheriff wants to apportion it. It just… the money's going to go to the sheriff from DPR. They're the ones that are going to be paying the fee that DPR for the cost of the sheriff to do this program."
"Representative, maybe I'm still confused about what the sheriff… what the sheriff's authority is as opposed to the Department of Professional Regulations, but it seems to me that on page 13 that language allows the sheriff more authority than maybe you want the sheriff to have."
"No, what I'm saying is the Department of Professional Regulations will set the fee. All it is, is the sheriff will actually collect it." 09600107.doc 36 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"Okay. Representative, again, I… I understand what you're trying to… I'm not sure the language is that clear and I… and I will defer to what your intent is as… as the Department of Professional Regulations running this thing and the sheriff having limited authority except for how to spend it once it's there."
"Correct."
"Okay."
"And to collect it."
"All right."
"They're not going to set the fee."
"Okay. Thank you."
"Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." Davis, W.: "Representative, I just want to make certain as we talked about this before. Obviously, this is an attempt to regulate individuals that come into areas to do what we call cash for gold type purchases. And again, I just want to make sure that any penalties that are associated with this only impact the individual making the actual purchases. Because what I described to you before was a situation where, you know, someone that I knew actually had a cash for gold party, if you will, at her house. Now, prior to this so, so after this takes effect, if someone hosts one of these parties and they unfortunately don't register the way your legislation indicates my concern is that the person who hosts the party will they be impacted in any way by any penalties associated with this Bill?" 09600107.doc 37 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"No. The target of the Bill are the gold buyers who travel and set up at these locations for the short selling times." Davis, W.: "Right. Well, I know it's not, maybe not, specified in that, but I just want to make sure that if that party is, and I'll use the term 'raided' by the local law enforcement that the person that will be impacted is only that individual or individuals associated to the actual purchases and not say, the homeowner."
"Correct." Davis, W.: "Is that correct?"
"Yes." Davis, W.: "Okay. Thank you."
"Thank you."
"Representative Franks to close."
"Thank you. I appreciate the questions on this and I appreciate Representative Durkin's ideas to make it a better Bill. This came from… this idea came from our sheriff in McHenry County where he saw the problem. And we’ve all seen these advertisements in the newspaper saying, you know, sell us your gold. We're going to be in your area. This is a way to help protect our consumers at a time when they need a lot of protection. When we have unprecedented unemployment and people upside down on their homes and they're desperate for money, we need to protect our citizens. And I… I encourage an 'aye' vote."
"The question is, ‘Should House Bill 4854 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? 09600107.doc 38 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 Have all voted who wish? Have all voted who wish? Ramey, Coladipietro. Mr. Clerk, take the record. On this Bill, there are 95 Members voting ‘yes’, 16 Members voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on the top of page 14 of the Calendar, Representative Feigenholtz, you have House Bill 4856, Sara. Out of the record. Representative Dan Reitz, you have House Bill 4866. Read the Bill, Mr. Clerk."
"House Bill 4866, a Bill for an Act concerning State Government. Third Reading of this House Bill."
Speaker Lyons: "The Gentleman from Randolph, Representative Danny Reitz."
"Thank you, Mr. Speaker. House Bill 4866 is a Bill we discussed last week. This Bill would raise a series of fees in the Department of Agriculture. There are various… various duties that the department has to perform to make sure that we have safe food in the State of Illinois. And these fees have been negotiated with most of… all of the people, I believe, that will end up be paying them, but the Chemical Industry Council is still working with the department on some concerns they have but they did not oppose it in committee. The Farm Bureau had said that they view these fees and view the Department of Ag as a partner in trying to protect consumers and the fertilizer… Illinois Fertilizer & Chemical Association is also neutral. And I'd be happy to answer any questions."
Speaker Lyons: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."
"Thank you. Would the Sponsor yield?" 09600107.doc 39 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"Sponsor yields."
"Representative, my major question has to do with whether or not these… these funds that… the fees are… are placed in are protected from fund sweeps?"
"No. As is both funds, but I have spoken to the Governor's Office and on numerous occasions now over the last week and they have assured me that these will not be swept. That the director of the Department of Ag has… does not believe there… the way these funds and the way the fees come in there will be an opportunity in the future to sweep these because they'll use those for functions that they perform."
"Representative, I think if you personally were in charge of that I might feel better about it actually. The problem we've had here over the last 7 years is nothing in those funds that have been swept… there's nothing sacred and even funds that we have made commitments to, we've… we've heard the intention is not to have those funds swept, at the end of the day when they are looking for nickels in cush… in couch cushions here, some of those funds are open, they're available and I just… I just can't support the notion that especially when things get difficult later in the budget year that someday down the road that these are going to be protected. I… I again, have the utmost respect for you, but I certainly… I think we should vote 'no' until such time there is a clear lock on those funds."
"The Gentleman from Cook, Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?" 09600107.doc 40 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"Sponsor yields." Davis, W.: "Thank you, Mr. Speaker. Representative, my question is, this is your attempt to make up some type of deficit in funding in the Department of Agriculture, correct?"
"This helps fill the pol… the holes in the budget so that they… they can perform these functions for food safety." Davis, W.: "Is there still a hole in ag even with these additional funds, if this were be… if this will the case?"
"Yes. The Department of Agriculture has been decimated over the last few years. This will allow them to hire the people to perform these functions and the main reason we're doing this is, if we're not able to perform these functions, then the Federal Government will do them for that. And I think that's why the people that we are imposing these fees on are neutral on this legislation." Davis, W.: "No, I understand that. This… what I'm trying to understand is…"
"It's still a hole." Davis, W.: "I don't know what the deficit in the Department of Ag is. So, does this fill the current deficit in the Department of Ag?"
"It… there are still needs and holes in the budget in the Department of Agriculture. This would specifically take care of the functions that are performed under these fees and allow the inspectors to go out and do their job. So, it will… it will help fill that void in the budget." 09600107.doc 41 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 Davis, W.: "Is there a… is there a sunset on this or would these remain in place permanently?"
"No. No sunset." Davis, W.: "No sunset."
"Right." Davis, W.: "I guess what I'm asking is that if we're fortunate enough and times get better here in the State of Illinois, that the million-plus dollars that the Department of Ag could benefit from this could be an excess at some point in the future. So, my question is, what I am trying to understand is that, if we're fortunate enough to be able to give to the Department of Ag the resources it needs to operate in lieu of these funds can we take back, if you will, these funds so the Department of Ag doesn't have a surplus of funds, if we're fortunate enough, and move dollars out of the General Revenue Fund to other agencies and to other programs or would the Department of Ag still want all of the money anyway?"
"Well, the Department of Agriculture still needs a lot of money and I hope we… sometime in the future we get to the situation you're discussing, but we have that ability every time that we supplement the department with General Revenue Funds." Davis, W.: "Okay. I mean, I want to support what you're doing. I'm just wondering if times get better here in the State of Illinois if those extra resources can be shifted somewhere else since you have found a way to help plug and fill your own budget holes." 09600107.doc 42 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"Right. And with any fees or any… any taxes or fees whatever the department generates we will fill in the rest with general revenue. So, if times get better and we have more money coming in, it would be less. As long as the department has enough to function on, I doubt if they'll have any excess coming from the Legislature." Davis, W.: "Understood. Thank you very much."
"Representative Don Moffitt."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, last time… when you brought this up the last time, I did raise the question if how much had been swept last year from these funds. If you remember that discussion?"
"Yes, I do."
"I think you were going to look into that? Do you have that for us today?"
"I have the numbers that your staff gave me, but I don't have them at the present time that you gave me to. But it was… it was a significant amount and what we're trying to do is make sure that we can perform these functions now."
"Representative, I think it was in the vicinity of 2 million, maybe 2 million-plus that was swept. What you're saying today though that you're giving your word to do everything you can to prevent a sweep in the future with these things. Is that correct?"
"Yes. And have asked a number of times just to clarify so that I'll have the ability on the floor to say that the Governor's given his commitment and the Department of Ag 09600107.doc 43 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 director has given his commitment that these funds won't be swept. Unfortunately, as all of us know, with the ag we're having a hard time finding the broom even to sweep things, so I don't think that will be a problem."
"Representative, I appreciate that certainly with the Governor indicating he does not want to sweep this and the director and you that's appreciated. It's… this is the kind of fee that… you know, I don't want to vote for it if it's not going to be used for agriculture. If it is, then it deserves reasonable consideration. Is it possible that if we do not have adequate funds to fund the Department of Agriculture that some of their functions would become possibly federal instead of state."
"Yes, they will. And that's the concern of all the people that will be paying these fees. They are very comfortable with the agreement. No one's ever going to support fees, but they think these are an integral part of them moving their product to the market."
"And those fees, if they became federal, could be more expensive?"
"Well, more expensive and more intense and I think their concern is if they're not done on a timely basis they will not be able to move their eggs to the market or their fertilizer products, whatever that is. But I think they have a good relationship with the Department of Agriculture in Illinois and know that they're able to have these regulations enforced in a proper manner."
"And certainly a less accessible probably than it's a state agency." 09600107.doc 44 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"Correct."
"I appreciate your discussion. I don't think any of us want to vote for fees, but we certainly want to keep the service as local as possible in the state instead of federal. And it's… behooves all of us to avoid the sweeps but I think it deserves merit then when we have that commitment that they stay there and we keep the service in the state instead of the federal. So, I thank you for your… your comments."
"Thank you."
Speaker Lyons: "Gentleman from Lake, Representative Ed Washington."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative Reitz, do you know of any history that the present Governor has concerning sweeps or raiding other funds? Is there any documentation that this Governor has done that, that you know of?"
"Yes."
"Well, let me just say I'm going to sit down. Thank you."
"Final speaker will be Representative Jim Sacia. Representative Sacia."
"Thank you, Mr. Speaker. To the Bill. Ladies and Gentlemen of the House, I signed on to this Bill after Representative Reitz brought it to the Ag Committee and I want you to know why I did. I have a large egg producer in my district. He raises a million four hundred thousand chickens and what's so significant about this is his cost 09600107.doc 45 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 will go from a nickel a crate, a crate of eggs is 30 dozen, to up to 11 cents a crate. When I called him and asked where he stood on this Bill he said, Jim, I stand in reluctant support, but here's what we, as consumers in Illinois, must understand. Here is the man that it's going to cost money, why he desperately needs this Bill passed. As an egg producer in our great State of Illinois, eggs can only stay on the shelf for 30 days. It's an Illinois law. Illinois ag inspectors insure that, that law is carried out. If you kill this Bill, you literally are hurting our egg producers, as one example. We have major corporations that bring in large numbers of eggs to sell that are over 30 days old when there aren't inspectors in place. Just to give you an example, I had Representative Berrios and Arroyo to my district to visit this chicken farm. And they were very, very supportive of the gentleman and Representative Arroyo is still trying to buy the chickens that are used up, but that's another story for another day, to take to his district. But Ladies and Gentlemen of the House, this is a Bill that… don't look at this as a fee increase to the State of Illinois. It is an increase in the ag community, but our ag community desperately needs this. Our ag director has assured us that these items… these funds will not be swept because the money will be needed to immediately keep the inspectors in the field. So, this is a Bill that's desperately needed by the ag community, Ladies and Gentlemen, and I hope we can count on your support. Thank you."
"Representative Reitz to close." 09600107.doc 46 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"Thank you, Mr. Speaker. I think Representative Sacia did a great job in articulating this issue. I would like… I'd appreciate your vote on this. We have a lot of hard choices this Session and this really is a little less hard than some of the ones we're going to make. I applaud the Department of Agriculture and all of the… and users that are going to pay these fees for sitting down and agreeing to try and make this reasonable so the Department of Ag can perform their functions. And I'd appreciate an 'aye' vote."
"The question is, ‘Should House Bill 4866 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 63 Members voting ‘yes’, 46 Members voting ‘no’, 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes the Lady from Cook, for a point of personal privilege, Representative Karen Yarbrough."
"Thank you, Mr. Speaker, Members of the House. Please welcome teacher Darryl Einhorn, Maria, Clarinda, Kim, Maria, and Janet from the Proviso Math and Science Academy from District 89… I mean, District 209. Stand up and say hi."
"Congratulations. Enjoy your day at the Capitol. Glad to have you. Representative Lisa Dugan, on page 14 of the Calendar, you have House Bill 4868. Read the Bill, Mr. Clerk." 09600107.doc 47 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"House Bill 4868, a Bill for an Act concerning local government. Third Reading of this House Bill."
"The Lady from Kankakee, Representative Lisa Dugan."
"Thank you, Mr… Chairman. House Bill 4868 is an initiative of the Association of Fire Protection Districts and all it does is it kind of syncs their specific law with the general law. What it does is it allows a trustee with a fire protection district to hold a position on a board of a non-profit corporation and the Bill provides two prongs: the board member may be appointed by the district to represent their interests not paid or the member may not be appointed by the district but still serve in it. If there's any questions I'll be glad to ask them, but the Public Officers Activities Act Already allows this. They just want to clear it up in their specific law for the fire protection district."
"You've heard the Lady's explanation on House Bill 4868. Is there any discussion? Seeing none, the question is, ‘Should House Bill 4868 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mulligan. Mr. Clerk, take the record. On this Bill, there are 95 Members voting ‘yes’, 15 Members voting ‘no’, 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Will Davis, on page 14 of the Calendar, you have House Bill 4873. Read the Bill, Mr. Clerk." 09600107.doc 48 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"House Bill 4873, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"The Gentleman from Cook, Representative Will Davis." Davis, W.: "Thank you very much, Mr. Speaker. This is an initiative of the Secretary of State's Office to make sure that since list of crimes have been updated since 1999 to make sure that their statutes that govern on the issuance of bus permits is in alignment with the current list of crimes that are ineligible to receive a bus permit. I'll be more than happy to answer any questions."
"You've heard the Gentleman's explanation on House Bill 4873, is there any discussion? Seeing none, the question is, ‘Should House Bill 4873 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Collins. Mr. Clerk, take the record. On this Bill, there's 111 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 14 of the Calendar Representative Sid Mathias has House Bill 4945. Read the Bill, Mr. Clerk."
"House Bill 4945, a Bill for an Act concerning finance. Third Reading of this House Bill."
"The Gentleman from Lake, Representative Sid Mathias."
"Thank you, Mr. Speaker. House Bill 4945 is an initiative of the Illinois Metropolitan Investment Fund or 09600107.doc 49 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 IMIF and it is supported by local government that allows units of local government to jointly invest their treasury funds to get the best rates. Right now municipalities already have this right and we're extending it to all units of local government so they can pool their funds for the purpose of investment. And I ask for your 'aye' vote."
"You've heard the Gentleman's explanation. Are there any questions? The Chair recognizes the Gentleman from Lake Representative, Ed Washington."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sp…"
"Representative, so on the summary I'm looking at it says this Bill grants municipal treasurers the authority to enter into joint ventures with one another for the sake of obtaining better interest rates and maximizing their investment. Could you give me a better explanation of that?"
"Well, I think that is a good explanation, but basically when you have volume and we have a let's say, a group of smaller units of local government if they can pool their resources and go out, they could just like we can, you know, if we go out and get a CD if we have a thousand dollars to offer the bank, we may not get the same deal as if we got a hundred thousand dollars. That's all this is doing is allowing them to use their joint funding to get a better rate. It in no way changes the law as to what are… what are permissible investments. So, they can… they only can still…this doesn't change that." 09600107.doc 50 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"Thank you. I know it seems simple enough in terms of what I just read, but I wanted to hear you kind of clearly state it in your own words."
"Sure. Thank you."
"Thank you, Representative."
"Thank you."
"Representative Mathias to close."
"I urge a 'aye' vote."
"The question is, ‘Should House Bill 4945 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Eddie Jackson. Take the… Mr. Clerk, take the record. On this Bill, there's 111 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Farnham, you have on page 14 of the Calendar House Bill 4968. Do you wish to move the Bill, Representative? Out of the record. On the order of… Representative Farnham, we have House Bill 4969. Do you wish to call that Bill, Representative? Two in a row, Keith. Out of the record. Representative Careen Gordon, continuing on page 14, you have House Bill 5006. Read the Bill, Mr. Clerk."
"House Bill 5006, a Bill for an Act concerning corrections. Third Reading of this House Bill."
"The Chair recognizes the Lady from Grundy, Representative Careen Gordon." 09600107.doc 51 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 Gordon, C.: "Thank you, Mr. Speaker. Right now the Department of Corrections has the power to issue an order when the… when a person escapes from their custody from a prison to deliver them back to the correctional facility if they're in a work release center, a juvenile facility, and on parole, but the statutes don't authorize them to issue a warrant if they're at a level one maximum facility through a level seven minimum facility. We don't know why this is happened; we don’t know why it's in the statute. What they have to do now is go to the authority, the state's attorney, who has the jurisdiction and the authority that the person escaped from whether they're… you know, at Big Muddy, whether they're at Vandalia, whether they're up at Stateville, they have to go to that state's attorney get the warrant issued and they can't go directly into the system, issue their own warrant, and start the escape. They lose several hours, sometimes even a few days, to go and get this person who's escaped from their custody. What this does is give them the same power that they already have when someone escapes from the facilities that they already have control over. And I would ask for your support. If anyone has any questions, I'd be happy to answer… answer them. No, I don't know why this hasn't happened. I haven't… thank you for the look. I don't know why this hasn't been around. I'm here to fix it and I would help… ask all of you to help me do that. Thank you."
"You've heard the Lady's explanation on House Bill 5006. Is there any discussion? Seeing none, the question is, ‘Should House Bill 5006 pass?’ All those in 09600107.doc 52 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 111 Members voting ‘yes’, 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Karen May, on page 14 of the Calendar you have House Bill 5054. Read the Bill, Mr. Clerk."
"House Bill 5054, a Bill for an Act concerning public aid. Third Reading of this House Bill."
"The Lady from Lake, Representative Karen May."
"Thank you, Ladies and Gentlemen of the House. I'm really pleased to bring forward this piece of legislation because it's going to help the state save money. When it was brought to me by a constituent that permanently disabled people get a new card in the mail every month for their Medicaid services, that we thought that this was just wasting money, postage, and time to do it. I wanted to make it one year, dealing with the Department of Healthcare and Family Services they have agreed and we will institute a permanent Medicaid eligibility card for all people, for the 2.2 million in our state. So, we believe it will save money and it will save hassle for citizens. So, I'm really pleased to be bringing this piece of legislation for your consideration."
"You've heard the Lady's explanation on House Bill 5054. Is there any discussion? Seeing none, the question is, ‘Should House Bill 5054 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. 09600107.doc 53 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 111 Members voting ‘yes’, 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Ramey, on page 14 of the Calendar, you have House Bill 5093. Out of the record. Representative Bob Pritchard, you have House Bill 5161. Read the Bill, Mr. Clerk."
"House Bill 5161, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"Chair recognizes Representative Bob Pritchard."
"Thank you, Mr. Speaker. This Bill simply updates a provision of the Probate Act of 1975, giving a minimum surviving spouse an award of $20 thousand instead of $10 thousand. An additional minimum award of $10 thousand instead of $5 thousand for a surviving minor child or an adult dependent child. This gives the award at the discretion of the judge. So, it is not necessarily an increase, but it does give flexibility. And I would ask for your support."
"You've heard the Gentleman's explanation on House Bill 5161. Is there any discussion? Seeing none, the question is, ‘Should House Bill 5161 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 111 Members voting ‘yes’, 0 voting 'no'. This Bill, having received the 09600107.doc 54 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 Constitutional Majority, is hereby declared passed. Representative Pritchard, don't sit down. No. The next Bill out of the record. 5193, out of the record. Representative Brady, you have, on page 14 of the Calendar House Bill 5194. Wish to move the Bill, Representative?"
"No. Mr. Speaker, I'd like to move the Bill back to Second for purpose of an Amendment."
"Mr. Clerk, on the request of the Sponsor, move that… move that Bill back to the Order of Second Reading. Representative Dan Reitz, on page 14 of the Calendar, you have House Bill 5204. Read the Bill, Mr. Clerk."
"House Bill 5204, a Bill for an Act concerning public aid. Third Reading of this House Bill."
Speaker Lyons: "The Gentleman from Randolph, Representative Danny Reitz."
"Thank you, Mr. Speaker. On this Bill, we had a Bill a few years ago that allowed Inspector Generals in various departments to carry distinctive identification, including shields, to identify who they are when they go to places outside of the state capitol. And this would just allow the Department of Healthcare and Family Services Inspector General to have the same privileges. And I'd be happy to answer any questions."
"Is there any discussion? The Chair recognizes Representative Jim Watson."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Danny, does the State Police have any concern at all on this?" 09600107.doc 55 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"No. No. I don't remember any opposition in committee at all and I haven't heard from anyone on it."
"Okay."
"And I don’t remember them being opposed when we initially did this. This is just a follow-up that said we gave this ability to most of the departments and somehow we left out this department."
"Okay. Thanks."
"The Chair recognizes Gentleman from Vermilion, Representative Bill Black."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, how many of these people are there, 10, 12, 20, 120?"
"Not 120. I really… I don't know. I don't know the department. I had… I never did ask that."
"They… they pay for their own badges? They're going to pay for their own badges or will this come out of the budget of the Inspector General of the Department of Health and Family Services?"
"It will… I'm sure it will come out of the budget."
"These aren't cheap. It's going to…"
"Correct. I don’t know what the impact is…"
"All right."
"The fiscal impact but there are not very many in the Inspector General's office in that department, but… that I'm aware of."
"All right." 09600107.doc 56 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"But the money will come out of their budget, if they're able to do it."
"Well, I'm not trying to throw cold water on your… on your Bill, but you've been here a long time, as I have. Illinois has more people in State Government that carry badges than any state in the country. We also have more sworn peace officers than any state in the country. I think the last time I checked there are 23 separate agencies inside State Government, excluding law enforcement, that have full police powers. Now, because they can carry this badge you are not granting them full police powers?"
"No, it's just a form of an official identification to make sure that they can perform their duties."
"And they will have to have a specific ID card as well. You can't just flash the badge, right?"
"Correct. You'll have to have the corresponding ID."
"All right. I… when are you going to sponsor legislation that we get to carry badges? Oh, that idea came up several years ago as I recall. It didn't go anywhere, for obvious reasons."
"The Chair recognizes the Gentleman from DuPage, Representative Randy Ramey."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, we've gone back and forth with other forms of government as the former speaker just mentioned about giving badges and taking badges away. Is there anything in this Bill if somebody were to use these 09600107.doc 57 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 improperly that there would be some form of, you know, right. And per se, a police officer, per se?"
"Not in this legislation. This legislation just provides the same opportunities to have identification that all the other departments have. And I'm not sure what the penalties are, but I… if I remember right, in the previous Bill we had set up within the departments and within the administrative rules procedures to take care of that problem."
"So… so, we have something in place already just in case somebody would use these improperly?"
"My recollection of the previous legislation a few years ago was that… that it included a mechanism to deal with that, but… I… I'm not sure on that."
"And that… that… that… would that include impersonating a police officer?"
"I would assume."
"All right."
"And I will check on that, someone, now, just to find out. But."
"Was this a request of the department to do this?"
"The department… the department is in charge of the… approving the badges and giving them to their Inspector Generals. And they're in charge of monitoring any abuse of those… of those badges."
"Well, I mean, are they thinking of making it a design that's going to be looking like police officers or any other officials that might have badges?" 09600107.doc 58 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"I would assume it'll be similar to the shields that the current Inspector Generals carry. They… I'm sure they will work with the State Police or any other police agency to make sure that they can't be confused with other law enforcement agencies."
"All right. Well, thank you… thank you, Representative. And to the Bill. I think the issues have been brought up. The previous speaker spoke about this. We do have badges all over the place. There seems to… there have been issues in the past where people who use non specific badges to impersonate police officers to try to force people to do things, thinking that they are a police officer by just flashing a badge. I would hope that we have something in place that will stop this act and perhaps we stop making more badges. Thank you."
"Representative Rosemary Mulligan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, this is only for the Inspector General that looks at HFS to issue shields?"
"Correct."
"And what's the qualification for an employee that would be issued a shield?"
"They would have to be an employee of the Inspector General within that department."
"So, that doesn't mean that they have to have any history as either an attorney or a private investigator, just anybody that they hire that they determine to give a shield?" 09600107.doc 59 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"I believe there is criteria for any Inspector General in the departments, when we set the Inspector General legislation up for all of us in previous Bill, but I believe there is a criteria in there regarding who… what qualifications you have to have to be an Inspector General."
"Could you describe a situation where one of these inspectors would use his shield to go in and question somebody and not violate their rights or that the shield would not give them some kind of rights that they're not really entitled to? What's the kind of situation where they would need a shield to go in and investigate?"
"I don’t have a particular case or a particular reason they would do that, but… you know, I think it's going to just be some kind of authorization and identification to make sure that another form and some… just a shield to basically show that they have enforcement bars within the department. And… and I… I have not heard of any problems or any concerns with any of the other departments that have those and we have already allowed most of the departments to… to carry shields."
"Well, I find that very interesting considering that you go and talk to people who may not realize that the shield does not give someone the right to violate their civil rights."
Speaker Lyons: "No one seeking further recognition. Representative Reitz to close."
"I'd appreciate an 'aye' vote." 09600107.doc 60 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"The question is, ‘Should House Bill 5204 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Bellock, Kosel. Patti Bellock. Mr. Clerk… Want to vote? There we go. Mr. Clerk, take the record. On this Bill, there are 96 Members voting ‘yes’, 13 Members voting 'no', 2 Members voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Durkin, for what purpose do you seek recognition, Sir?"
"Point of personal privilege."
"Please proceed."
"I'd like to welcome in the gallery is the eighth-grade class from St. John of the Cross Parish in Western Springs, Illinois, happens to be my parish and where my daughter attends. And I… if we could extend them a warm Springfield welcome, I would truly appreciate it."
"Welcome to Springfield. Enjoy your day at the Capitol. Representative Al Riley, for what purpose do you seek recognition, Sir?"
"Point of personal privilege, Mr. Speaker."
"Please proceed, Representative."
"I don't know whether or not they're here but I would definitely be remiss by not mentioning a fantastic school in my district. I'd like to welcome the students from Homewood-Flossmor High School, who are here for the Capitol Forum on America's Future. So give them a round of applause." 09600107.doc 61 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"Welcome, Homewood-Flossmor. Proud to have you at the Capitol. Representative Dan Reitz, you have House Bill 5223. Also you wish to call that Bill, Representative? Read the Bill, Mr. Clerk."
"House Bill 5223, a Bill for an Act concerning aging. Third Reading of this House Bill."
Speaker Lyons: "The Gentleman from Randolph, Representative Danny Reitz."
"Thank you, Mr. Speaker. This one amends the Illinois Department of Aging Act and it basically just says that the Department Aging… Department of Aging or anyone that deals with them will not provide information on unlicensed or uncertified programs. This is an initiative of the Health Care Council in Illinois. And they just want to make sure that if they are going to recommend any type of facilities that they are properly licensed and properly certified. I'd be happy to answer any questions."
"You've heard the Gentleman explanation of House Bill 5223. Is there any discussion? Seeing none, the question is, ‘Should House Bill 5223 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Nekritz. Mr. Clerk, take the record. On this Bill, there's 111 Members voting ‘yes’, 0 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Patricia Bellock, on the bottom of page 14, you have House Bill 5234. Read the Bill, Mr. Clerk." 09600107.doc 62 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"House Bill 5234, a Bill for an Act concerning human rights. Third Reading of this House Bill."
"Recognize the Lady from DuPage, Representative Patti Bellock."
"Thank you very much, Mr. Speaker. I have House Bill 5234 which amends the Illinois Human Rights Act to add elementary and secondary to higher education in regards to prosecution from sexual harassment in school. We passed this Bill last year, 115 to 0, and it also passed the Senate and then was held up with an Amendatory Veto. I'd be glad to answer any questions."
"You've heard the Lady's explanation on House Bill 5234. Is there any discussion? Seeing none, the question is, ‘Should House Bill 5234 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Anthony DeLuca, would you like to vote? Representative Rita, would you like to help out? Mr. Clerk, take the record. On this Bill, there's 111 Members voting ‘yes’, 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings on page 15, Representative Kay Hatcher, you have House Bill 5262. Read the Bill, Mr. Clerk."
"House Bill 5262, a Bill for an Act concerning public employee benefits. Third Reading of this House Bill."
Speaker Lyons: "The Chair recognizes the Lady from Kane, Representative Kay Hatcher." 09600107.doc 63 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"This Bill simply allows an employee to establish credible service for a time when they may not have been employed by the state briefly between jobs. The perfect part about this Bill is that it is paid for entirely by the applicant. They pay their own fees, any state fees, any additional fees that may be involved in this. This was previously passed by the Senate unanimously. I would urge your support."
"You've heard the Lady's explanation to House Bill 5262. The Chair recognized the Gentleman from Crawford, Representative Roger Eddy."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Thank you. Representative, just want to make sure that… does this apply to any state employee only or does this… does this also apply to teachers who are laid off for a period of years. As to whether or not they can purchase the service between the time they were laid off and the time they're recalled."
"Just the state employees."
"I couldn't hear you. I'm sorry."
"Just the state employees."
"Okay. And… and the other part of it, I think you stated this. But any cost associated with liability or any calculation for the intervening time. The individual has to pay the system up front for that calculated cost, 100 percent."
"Yes they do."
"Okay. Thank you." 09600107.doc 64 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"Is there any further discussion? Seeing none, the question is, ‘Should House Bill 5262 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Miller. Mr. Clerk, take the record. On this Bill, there are 79 Members voting ‘yes’, 32 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Kay, don’t sit down. You also have House Bill 5283. Do you wish to move that Bill? Mr. Clerk, read the Bill, 5283."
"House Bill 5283, a Bill for an Act concerning local government. Third Reading of this House Bill."
"The Lady from Kane, Representative Hatcher."
"This is nearly a technical Amendment. It amends the Fire Protection District Acts and makes sure that commissioners do not have any felony background and also that they owe no taxes to the entity to which they are hoping to represent."
"You've heard the Lady's explanation. Is there any discussion? The Chair recognizes the Gentleman from Cook, Representative Kevin McCarthy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I just read… read our analysis very quickly and as far as this person having a felony in their background, does it… is there any limit of time like, in the last 10 years, 12 years or is it any felony, any time 09600107.doc 65 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 during their lifetime they won't be able to serve on a fire district board?"
"This is any felony during their time. This bring them in line with the Municipal Code and it also reflects the same requirements that are for firemen and EMS."
"So, that is the way it's written and that's the way that you want the Bill to read."
"True."
"Okay. Thank you."
"Seeing no further discussion, the question is, ‘Should House Bill 5283 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Representative May, do you wish to be recorded? Mr. Clerk, take the record. On this Bill, there's 111 Members voting ‘yes’, 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 15 of the Calendar, Representative Moffitt has House Bill 5285. Read the Bill, Mr. Clerk."
"House Bill 5285, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"The Chair recognizes the Gentleman from Knox, Representative Don Moffitt."
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 5285 is a… legislation to help bring revenue to our local fire departments. Three years ago in 2007 we passed legislation that if convicted… if you're convicted of a serious traffic violations, there would be this additional money that would be put in the 09600107.doc 66 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 fire prevention fund, in the interest free revolving loan fund for fire trucks. Three years later, costs are up, departments… the demand is… the need is increasing. So, this would add an additional $7.50 on a conviction for the fire prevention fund, an additional $7.50 for the interest free fire truck loan. I think the Body should know that… that interest free fire truck loan has helped departments across the state. I believe it's about 160 loans have been made now, interest free. We usually have four or five times the requests as what there is money. So, this is a way to help fire departments around the state. It does not take money from the taxpayers, but it's a revenue stream to increase funding for that. No opponents. Lots of proponents for this. Be happy to entertain any question."
"Is there any discussion? The Chair recognizes the Gentleman from Cook, Representative John Fritchey."
"Thank you, Speaker. Just to the Bill. I just want to commend Representative Moffitt on this. The Bill that he had originally brought to committee was somewhat different and more expansive. It had some fees that really weren't related to the objective here. The objective here is just try to shore up an issue that is a serious and significant and life threatening one in many areas of this state and that is not having adequate support and resources for our fire protection districts. There was other language that was in this Bill. He came to committee. He listened to committee. He made the requisite Amendments to the Bill. This is now something that is tailored directly. This is… should not be looked at as a fee increase Bill. It is 09600107.doc 67 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 supplementing some existing fees for serious traffic offenders, with those fees going to a very direct and specified and targeted and needed source and that is to shore up our fire protection districts. I want to thank him for bringing the Bill. I want to thank him for being enough of a Gentleman to listen to and work with the committee in order to reach his goal, which was one that I think we should all share. And I, just again, want to thank him for doing that and request an 'aye' vote on the Bill. Thank you."
"The Chair recognizes the Gentleman from DuPage, Representative Randy Ramey."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Thank you. Representative, I know how near and dear this is to your heart in helping the fire protection districts. Is this fee in this fund protected from sweeps?"
"Not any more than any other fund."
"And can we put it in the Bill or will it not move if it's in the Bill."
"It's my understanding it probably wouldn't move, but we could find out. What we can do and something that… that needs to be done and I'm talking to this… if we distribute these funds sooner, than it's obvious that they're not surplus funds. And so, I think we'll do some actions that would reduce the possibility of sweeps."
"So you have plenty of people looking for these funds to buy new fire trucks?" 09600107.doc 68 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"Yes and normally there's four or five times more departments seeking funds than what we have money for. So, there is always more applicants than what there is money. There's still a need out there. Some departments, this was the deciding factor on whether or not they bought better equipment. So, it truly is helping to save lives and save property."
"Absolutely. Well… and to the Bill. Once again, Representative Moffitt brings forward a serious issue that needs to be rectified and raising these fees so that these trucks can be purchased to save lives. And unfortunately, it's still under the pressures of our current budget that this fund may be swept and those fire trucks may not be purchased. Thank you for the Bill, Representative."
Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." Davis, M.: "Representative, if someone has an accident and the accident is serious, you're saying they have to pay a fee?"
"There's an additional $7.50 that would go in the fire prevention fund and the fire truck loan because… and it's only if it's defined in statute as a serious traffic conviction. There are accidents in which there are no tickets. There…" Davis, M.: "So, if they go before a judge and they have committed a traffic act a violation of a traffic… they're going to be fined or whatever the judge will give them. Is that correct? I think…" 09600107.doc 69 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"Most of those fines if not all are set by statute, but this is additional revenue that would go." Davis, M.: "So this is… we're adding something new."
"This is already in place that… instead of, we're adding an additional $7.50 for fire prevention fund and the fire truck loan fund because if it's… you're convicted of a serious traffic violation as defined in state statute." Davis, M.: "Will their insurance pay this fee or will they have to pay it?"
"I believe it would be the person that was convicted." Davis, M.: "And what would happen if they didn't have the dollars to pay it?"
"Well, I think sometimes the court will work out… that would be with their attorney, could work out a payment plan. We're talking an additional $7.50 for two different fees… two different funds." Davis, M.: "Well, you know, that's not what I see here. I see a $40, $20…"
"No, that's… listen real close. That's going back and reflecting the $20 that was put on three years ago. Then this was an additional… started out as an additional $20 and that's where it got up to 40. The committee, and as the chair has mentioned, we changed that because $5 of that went to the circuit clerk. So, it's… we're not raising it $40. We're putting an additional $15 with that 20 from seven years ago. I mean, three… three years ago." Davis, M.: "We're adding… we're adding $15."
"If convicted of what are by statute described as serious traffic convictions." 09600107.doc 70 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 Davis, M.: "What happens if they die?"
"I believe that would end the court proceedings." Davis, M.: "Would it? Their estate wouldn't be charged? I don't know. Would it?"
"That would end the court proceedings.' Davis, W.: "Pardon?"
"We can check on that, I mean… but I believe that would end… there would be no further action." Davis, M.: "Okay. Thank you. To the Bill, Mr. Speaker. I do believe that this is well intentioned legislation but because the district I represent is suffering a recession, people are unemployed or under employed. And I think if they have a accident, that's trouble enough in their lives. I don't want to add to that. That's just me. Thank you, Sir."
"Chair recognizes the Gentleman from McLean, Representative Dan Brady."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, just a quick question here. This is dealing with traffic… serious traffic offenses. Is that correct?"
"As described in state statute, serious traffic violations and it has to be a conviction."
"Okay. So that serious traffic offense conviction… some part of the funds would go into the treasury for the fire service side of things, correct? For equipment et cetera."
"Seven… We were talking $15 here." 09600107.doc 71 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"Okay."
"Seven fifty would go into fire prevention fund."
"Okay."
"Seven fifty goes in the interest free revolving loan fund for fire trucks."
"Okay. So, my question is simply this… I think it's great but I'm a little surprised that we have a motor vehicle traffic offense that I would think law enforcement would want to… would want to have that directed to them versus the fire fund."
"There are discussions going on with them. They… I think, in the future we might see that but the reason of course we're trying to get emergency equipment."
"I understand."
"And that's… that's why and usually if there's a conviction, in the case of a serious traffic violation most of the… many times there has been… involved an accident and you needed the services of a emergency response which in most cases starts out being the fire department."
"Right."
"There's also law enforcement and they need some help too."
"Okay. And I am assuming we're talking serious traffic offense obviously would be a fatality."
"They’re not all fatalities but statutes…"
"But some are."
"…in statute it describes serious traffic violations. Yeah, they're not all fatalities though."
"But some are, is what I am asking." 09600107.doc 72 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"Some are."
"Okay. Thank you very much."
"Thank you."
"The Gentleman from Lake, Representative Eddie Washington."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative Moffitt, who I respect greatly and I was looking at the different categories that… that are outlined here as serious traffic violation. And most of them are the general things that most law en… law enforcement people face with people driving. So, I was telling my colleague that with this category you're guaranteed to get some money, that's for sure."
"Rep…"
"Because the serious violations include failure to stop, exchange information after motor vehicle collision, but I've seen little small fender benders. Operating without a valid license or permit you know, a lot of people do that. Passing in a no passing zone a lot of people do that too. Failure to yield the right-of-way to a pedestrian at an intersection; I've seen some people almost mowed under. So I guess, Representative, you know, I'm probably going to… will support this, but I… you know, I was just thinking about those individuals who drive back and forth to work. Some of them probably don't have license and some of them may be here legal or illegally and they just trying to make sure they can get whatever dollars they can into that household. And with the economy like it is, I guess, I 09600107.doc 73 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 would imagine more people are probably going to go jail than be able to pay some of the extended fines. You know, I was just thinking on it like that. I… don't even know what possessed me to even go in that direction. And then I listen to Representative Davis, Monique Davis, and I think that's where she might have been going and she concluded by saying that's how she as an individual felt. And I know you're a good man, Representative Moffitt, but I… did you give any thought that if the state can't pay its bills and surely you know we can't, what's happening with the people out there who are barely making it at all and I know some of them, you know, they fall into this category. What… what happened that nothing… that I guess they just either have to pay up or go to jail which would cost us more on that end. I'd like to hear your comments on that."
"Well, obviously, this would be a legal procedure. If there were extenuating circumstances, the decision's going to be made with the court. They're going to make that decision. What we're trying to do is get the response to that individual you're talking about with the best possible equipment as soon as possible. That's how we're going to save lives. Most… many fire departments, and it may be most, their emergency responses may exceed their actual fire calls, which their… their… it’s a que… you know, they're trying to get there to respond. Some… some vehicle accidents require a fire truck too. So the best possible equipment and the most rapid response is the way we're going to save lives. The court's going to decide if this is applicable and if it's beyond what's reasonable. So I 09600107.doc 74 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 think that with the court involvement they’re going to decide. We know that we need better funding for our fire departments. The state's not going to be able to help and the requests for money, as I indicated at the start, for like the fire truck loan, four to five times more applicants than what we had money. So, the need is huge, costs have gone up and it was three years ago when this was originally put in."
"Representative, you know… and see, that's what makes it hard for me because the Bill and the individual entities that you supported with it, I support them. You know, I support them. That's what's making it difficult for me as an individual Legislator because I see where it's going, but… but can I ask you a question. So, let's just say this happens and this Bill becomes law. So, all of the excess fines, 'cause this is what this is, because everything you list is already illegal. You can get fined for any one of these particular things, but you're saying you want to double up on the fines for the infraction and for the doubling up, that money will go to the individual people who are proponents which are the Fire Chief Association and others related to that."
"No, no, no. Just a minute, can I… Not to the Fire Chiefs Association. This would go to the… to the local government agency. The money stays… when they… when they request it, it's going to come back to your local."
"Okay. But it's su…"
"It's not going to go to the Fire Chiefs Association." 09600107.doc 75 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"I'm sorry. I didn't mean to say Fire Chief Association."
"Maybe I misunderstood you, but…"
"Yes, sir. No. No. I did say that, but I didn't mean for you conclude with that."
"But the potential is going to come back and help fire departments right there in your… your home district."
"Yes, Sir."
"It's going to help provide training and training is what saved live not only of residents but of firefighters. The proper training helps save lives. This will help provide adequate…"
"But Representative, can I ask a question? Representative, isn't grants and money available to do exactly what you're saying through homeland security?"
"I think they're decreasing. I've talked to a lot of departments that… that are not getting those now or have applied and didn't get them. I think the funding is being drastically reduced. The fact that four to five times the number of what we had money to loan, four to five time more departments applied, says that they're not getting it, that they still… they still need the funds."
"But see… see Representative, you see the quagmire? Now just what you just said now you're saying other folks can't get what they're supposed to get 'cause I know homeland security is supposed to have dollars that deal with training for firefighters because they played such a significant role in the 911 situation. So, I'm just saying… I mean, I don’t think you would want to, I know I wouldn't 09600107.doc 76 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 want to, we don’t want to balance and carry the weight on the backs of the poor and most of those violations. I've seen the courts man… I mean, packed with people with one or more of the categories you got here and I see them struggling just to pay the… the general fine that's in effect as is. So, if you want to tack more on and yet the people out here are making less. I mean, is that really fair, even though it's for a good cause? I'm not disagreeing with you."
"Sure."
"But homeland security is… is money that is supposed to be earmarked for instances like this. Don't you think we should… maybe there's a better way to go at it that way for these groups and they…"
Speaker Lyons: "Representative Washington, your time has expired. Please conclude your remarks. Give you one more minute."
"Thank you. So, Representative, please respond and give me a response to that because I'm teetering but you know, I'm trying to look at it… what on… what on… based on the economic climate that we're facing."
"And I really appreciate your questions and I know you want to bring good emergency response to your district. For one thing, again, and I want to make sure I answer your question. The courts would have the opportunity to even lengthen the time of the payment. Essentially, these are violations that you would… when you get in your car you can essentially decide if you're going to drive excessive speed or not, or the various things. You know, it's an 09600107.doc 77 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 intentional decision. This is simply to help your local fire department. I assure you there's not enough federal money. There's really no other state money at the present time to meet the needs. We've replaced some very old equipment and the way we save lives and properties the best equipment and the best training to the scene as soon as possible. This is not putting it on the taxpayers."
Speaker Lyons: "Representative Moffitt, just conclude your remarks and finish your answer, if you choose, for an extra few seconds."
"I appreciate the questions. Is this to close or… or did you mean to…"
"Only one more speaker seeking recognition. The Gentleman from St. Clair, Representative Tom Holbrook."
"Thank you… thank you, Speaker. Representative Moffitt, this funding stream has been set up for how long now for this fund?"
"The original Bill was passed in 2007. Passed here, I think, with 100 and… passed the House with 102 votes, passed the Senate 59 votes. Three years later now we know that the demand is very large, much larger than what the funds are there to provide. So, three years ago it was set up. It's being used by fire departments all around the state."
"So, would you characterize this as a very successful and popular program that the only shortcoming is it's underfunded?"
"That's correct."
"This is a great Bill. Let's vote for it." 09600107.doc 78 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010
"Representative Moffitt to close."
"Well, I appreciate the discussion. Again, this is an issue, are we going to help the fire service around the State of Illinois without going to the taxpayers. This is the opportunity to do it. A very successful program, it's brought trucks in many of your communities. It's… I think it's 160 trucks as well as other equipment. This trains your firefighters and reimbursed them so your local taxpayers don't have to pay for it. Appreciate a 'yes' vote."
"The question is, ‘Should House Bill 5285 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Beaubien, Hannig… take the record. On this Bill, there's 76 Members voting ‘yes’, 31 Members voting ‘no’, 3 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Clerk, what's the status of House Bill 6006."
"House Bill 6006 is on the order of House Bills- Third Reading."
"On the request of the Sponsor, move that Bill back to the Order of Second Reading. Mr. Clerk, what's the status of House Bill 5079."
"House Bill 5079, the Bill's been read a Second time, previously. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
Speaker Lyons: "Third Reading. The Chair recognizes the Gentleman from Vermilion, Mr. Black, on your Motion. Mr. 09600107.doc 79 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 Black, is your intention here to make a Motion to Table your Motion?"
"You are… you're motioning to Table my Motion, the tabled Motion? I didn't understand you."
"Representative Black, you filed the Motion to reconsider and now you're saying you wish to table this Motion."
"No. No. We would like to reconsider that Motion… reconsider that Bill. There are some questions that we should have asked and didn’t. It's not an attempt to kill the Bill there were just some questions. Some people just missed it. I would like to move to reconsider the vote by which that Bill passed."
"We're recognizing your Motion, Mr. Black."
"I would like to reconsider that Bill."
Speaker Lyons: "And on that Motion… on the Motion to reconsider, the Chair recognize the Lady from Lake, Representative Karen May."
"Yes. I'm happy to answer any questions… about the Bill."
"One moment, Representative. So, the question is, 'Should the Motion to reconsider House Bill 504 be considered?' Do it on a voice vote. All those in favor signify by saying 'yes…' Oh, we need a Roll Call. So, the Motion to reconsider. Representative Black, moves the Motion to reconsider. The Sponsor has no objection to that. So the… All those in favor of reconsidering House Bill 5054 vote 'yes'; those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill… 09600107.doc 80 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 On this req… this Motion 108 Members voted 'yes', 1 Member voted 'no'. And the Motion carries. So, we're reconsidering House Bill 5054. Mr. Clerk, the status of House Bill 5054."
"House Bill 5054 is on the Order of House Bills- Third Reading and it's been read a third time."
"Representative Karen May on House Bill 5054."
"Yes, I'm happy to answer any questions from the Representative."
"Representative Black."
"Thank you very much, Mr. Speaker. And I appreciate the indulgence of the Chair. When this Bill passed unfortunately many of us were not paying attention as we should have. And the Bill provides for permanently disabled individuals to receive an annual instead of a monthly eligibility cards for medical assistance. And it suddenly dawned on more than just a few of us that the reason we have the monthly assistance card is there could be a significant change in your income level. Perhaps an unemployment dispute was resolved… unemployment insurance dispute was resolved in your favor and you got back pay of say $2 thousand. You had a workers' comp settlement finally come in for several thousand dollars or you were suddenly… your Social Security disability check jumped for whatever the reason. And as I talked to Representative May, and I appreciate her indulgence, I think they are people that want to make sure that if that individual… that permanently disabled individual's income were to change dramatically in a 30- or a 60-day period, that the eligibility to receive 09600107.doc 81 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 benefits would, in fact, be reconsidered as they are now or reconfigured."
"Yes. Absolutely. The Federal Law requires a monthly determination of eligibility, that will not change. It will just be done electronically. Most states are doing this, so I'm happy to lead the way so that we can be in the computer age. The electronic eligibility will be every month to comply with Federal Law."
"All right. So, but… but their card I assume then would be a permanent card…"
"Yes."
"Rather than redetermining monthly."
"Yes."
"Would be some kind of a plastic benefit card."
"Just like in private insurance. They will have a card that just is their identification card, so you speak. The card does not say that you are eligible that month."
"All right. So, the card would show a provider that you're enrolled. And then I assume the provider must electronically do whatever they… it is they have to do to make sure they are in fact eligible for benefits."
"You are correct, yes. That is absolutely right."
"So, and you were telling me that you've extended the effective date so that the department can be online."
"Yes. I've worked with HFS. I was, you know, intending originally to make it once a year and they acknowledged other states are doing this. We hope that there's a cost savings and all. And they've asked for a year so that we 09600107.doc 82 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 have the time to inform the providers and all of the people enrolled in the program of this slight shift."
"Okay. Would… Is there anything in your legislation that many of us feel is overdue. Some kind of identification strip or picture so when the person comes in the provider knows that, in fact, that is Jane Doe rather than Jane Doe's sister Janet Doe."
"Representative, we haven't outlined that in this legislation."
"Okay. And I… but I… perhaps that could be in the rule making process. So, the only thing that changes is that the card is issued for 1 year, but the monthly redetermination of assets still continues and then the provider would be notified electronically that their benefits for that month may not be available or the spend down may be higher."
"It is… yes, but not just a year it is really going to be a permanent or semipermanent card."
"A permanent card, okay."
"Yes."
"And you're… you're confident that the data processing system will be able to keep up with that caseload and keep everybody current. What I… what I want to make sure of is that a… I come from small towns and we don't have very many independent pharmacies left, very, very few. And I don't… I don't want somebody who's trying to compete with Walgreens and CVS. He gets this card, and I say he because the gentleman I know who owns this store I've worked closely with him, he proceeds to fill the prescription and then the department lets him know 2 weeks later, darn it, we were 09600107.doc 83 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 slow. You shouldn't have filled the prescription. They aren't eligible."
"Actually, I believe that this will help. The Illinois Pharmacist Association is…"
"Mr. Black, your time has expired. We'll give you a minute or so to conclude your remarks."
"That answers all the questions I had and some that were brought to me and I appreciate very much the corporation of the Sponsor in… in giving us an opportunity to better understand the Bill. Thank you very much."
Speaker Lyons: "Representative Karen May to… Representative Sandy Pihos. Representative Karen May to close."
"Yes, thank you. I am happy to explain this so that you're comfortable that we are not only saving money but that we are protecting the taxpayers of the state and that we have all the safeguards in place as we have right now. It is supported by HFS, the department, the Sargent Center… the Sargent Shriver National Center on Poverty Law, the Heartland Alliance for Human Needs, the Human Rights Ounce of Prevention, Illinois Maternal and Child Health Coalition, AARP, the Illinois Pharmacist Association, and IARF."
"So, we're going to have a complete discussion on this Bill, twice. All those in favor of the option… of passage of House Bill 5054 signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Saviano, Bill Mitchell. Mr. Clerk, take the record. On this Bill, there's 109 Members voting ‘yes’, 0 09600107.doc 84 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 voting ‘no’. This Bill, once again having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Monique Davis on a point of personal privilege. Representative Davis." Davis, M.: "Thank you, Mr. Speaker. I appreciate the opportunity. Yesterday, there was a Bill discussion on the abolishing of scholarships and I was told that my time was up and given a moment or less to close. Another Member of this Body was told his time was up, but he continued to rant and was allowed to do so. In the very end, when I called for time, I was personally attacked similar to a bully in a school yard. And I want to say that I believe when we're given time to speak there must be an equal opportunity granted to all. The end remarks were that I should give the statue back. I want people to know that the statue rest in the library of the school and anybody who wants to see a picture of it, I have one here. They can certainly come and see it. And I appreciate this opportunity, Mr. Speaker, because people have come a long way to be here and in many instances they had to fight injustices. So, when they come here, they want to know that they'll be given equal opportunity to speak or do what else… else we have to do. As far as the statue goes, it says more about his history than mine. Thank you."
"Mr. Clerk, Agreed Resolutions."
Clerk Bolin: "Agreed Resolutions. House Resolution 980, offered by Representative Black. House Resolution 981, offered by Representative Verschoore. House Resolution 982, offered by Representative Jakobsson. House Resolution 09600107.doc 85 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 983, offered by Representative Burns. House Resolution 984, offered by Representative Feigenholtz. And House Resolution 985, offered by Representative Cross."
"Representative Mautino moves for the adoption of the Agreed Resolutions. All those in favor signify by saying ‘yes’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And the Resolution… Agreed Resolutions are adopted. Mr. Clerk, Agreement… the Adjournment Resolution."
Clerk Bolin: "Senate Joint Resolution 109, offered by Representative Currie. RESOLVED, BY THE SENATE OF THE NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that when the two Houses adjourn on Thursday, March 04, 2010, they stand adjourned until Tuesday, March 09, 2010 at 12:00 noon."
"Representative Mautino moves for the adoption of the Adjournment Resolution. All those in favor signify by saying ‘yes’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And the Adjournment Resolution is adopted. And now seeing nothing further to become before the Illinois House of Representatives, the House… allowing perfunctory time for the Clerk, the House will stand adjourned 'til the hour of 12 noon on Tuesday, March 9. Representative Mautino moves for the adjournment of the House. All those in favor signify by saying ‘yes’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And the House stands adjourned, allowing 09600107.doc 86 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 107th Legislative Day 3/4/2010 perfunctory time for the Clerk, until the hour of noon on Tuesday. Have a safe weekend, a safe trip home."
"House Perfunctory Session will come to order. House Bills-First Reading. House Bill 6626, offered by Representative Schmitz, a Bill for an Act concerning State Government. There being no further business, the House Perfunctory Session will stand adjourned." 09600107.doc 87