"The House will be in order. We shall be led in prayer today by Pastor Ted A. Hartley, who is with the First United Methodist Church in Johnson City and… Illinois. Pastor Hartley is the guest of Representative Bradley. Members and guests are re… asked to refrain from starting their laptops turn off all cell phones and pagers and rise for the invocation and the Pledge of Allegiance. Pastor Hartley."
"Let us pray. Oh gracious and loving creator God, we exist by Your power, and we exist for Your glory. Bring justice to our courts, wisdom to our government, guidance to our schools, and love to our homes. Inspire the minds of all persons to whom you have committed the responsibility of government and leadership in our state. Give to them the vision of truth and justice that, by their council all people of Illinois may work together. Give to our State Government passion for justice and strength of self control that we may use our liberty and accordance with Your gracious will. Thank you, God, for the women and men who serve this great State of Illinois with love and dedication. Bless us God, but as You bless us may we be a blessing to others. Our honor and glory is Yours, now and forever, Amen."
"We shall be led in the Pledge of Allegiance by Representative Gabel."
"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." 09600130.doc 1 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
Speaker Lang: "Roll Call for Attendance. Representative Currie."
"Thank you, Speaker. Please let the record reflect the excused absences of Representatives Feigenholtz, Harris, and Verschoore."
"And Representative Bost."
"Thank you, Mr. Speaker. Let the record reflect that Representative McAuliffe, Mathias, Osmond, and Stephens are excused on the Republican side of the aisle today."
"There are 110 Members present and we have a quorum, the House is ready to do our business. Mr. Clerk, committee announcements."
Clerk Bolin: "Committee Reports. Representative Franks, Chairperson from the Committee on State Government Administration reports the following committee action taken on April 22, 2010: do pass short debate for Senate Bill 3588. Introduction of Resolutions. House Resolution 1156, offered by Representative Beaubien. House Resolution 1159, offered by Representative Pritchard. House Joint Resolution 117, offered by Representative Smith. Senate Joint Resolution 114, offered by Representative Smith. And Senate Joint Resolution 118, offered by Representative Tracy."
"We are going to the Calendar, Order of Senate Bills-Third Reading, page 4, in the Calendar there would appear Senate Bill 3505, Representative McCarthy. Out of the record. Senate Bill 3509, Representative Saviano. Out of the record. Senate Bill 3515, Representative Dugan. Please read the Bill." 09600130.doc 2 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Senate Bill 3515, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"Representative Dugan."
"Thank you, Speaker. Senate Bill 3515 amends multiple sections of the School Code that pertain to school board members, school personnel duties, and school record keeping. The Bill's an initiative of the School Management Alliance and its purpose is to clean up outdated language in this section to bring the section up to current standards. It did pass out of committee unanimously and also out of the Senate. So, I would like an 'aye' vote. And I'll certainly answer any questions."
"The Lady moves for the passage of the Bill. There being no discussion, those in favor shall vote 'yes'; those opposed vote 'no'. The voting is open. This is a Third Reading Roll Call. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Turner, Jefferson. Please take the record. On this question, there are 110 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3539, Representative Mautino. Out of the record. Senate Bill 3546, Representative Ford. Out of the record. Senate Bill 3568, Representative Hernandez. Out of the record. Senate Bill 3585, Representative Hatcher. Please read the Bill."
"Senate Bill 3585, a Bill for an Act concerning safety. Third Reading of this Senate Bill."
"Representative Hatcher." 09600130.doc 3 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Thank you, Speaker and Members of the House. This Bill is a cleanup of legislations to the like to create a uniform method of reporting fire deaths in Illinois. It is an initiative of the State Fire Marshal, and the Illinois Fire Chiefs are supporters."
"The Lady moves for the passage of the Bill. There being no debate, those in favor shall vote 'yes'; those opposed shall vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record. On this question, 110 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3587. Representative Pritchard. Please read the Bill."
"Senate Bill 3587, a Bill for an Act concerning finance. Third Reading of this Senate Bill."
"Mr. Pritchard."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill provides that a vendor, who provides goods and services to an individual and requires that individual to pay all or part of the cost of those goods and service in advance of the vendor being paid for those goods by the state, that individual then will receive the prompt payment penalty interest. This is an issue that has been brought forward by my constituents dealing with the delayed in payment of Bills, and the fact that there is no provision that the vendor share that interest cost with the person that actually paid for the payment up front. I ask for your support." 09600130.doc 4 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"The Gentlemen moves for the passage of the Bill. There being no debate, the question is, 'Shall this Bill pass?' Those in favor vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. D'Amico, Mr. Rose. Please take the record. On this question, 110 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3590, Representative Sente. Out of the record. Senate Bill 3592, Representative Froehlich. Out of the record. Senate Bill 3603, Representative Phelps. Out of the record. Senate Bill 3608, Representative Eddy. Please read the Bill."
Senate Bill 3608, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"Mr. Eddy."
"Thank you, Mr. Speaker. This is an initiative of the State Board of Education. A cost-saving initiative of about $120 thousand. It eliminates a consumer ed proficiency test that very few students in the state take. It allows the money to be used for instructional purposes. I'd ask for your support."
"The Gentlemen moves for the passage of the Bill. There being no debate, those in favor shall vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Brauer. Please take the record. On this question, 110 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate 09600130.doc 5 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 Bill 3609, Representative Pritchard. Please read the Bill."
"Senate Bill 3609, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"Mr. Pritchard."
"Thank you, Mr. Speaker. This Bill allows the State Board of Education, in consultation with the State Comptroller, to transfer a line item appropriations from general state aid between the common school fund and the education assistance fund. It is a request of the State Board of Education."
"The Gentlemen moves for the passage of the Bill. There's no debate. Those in favor shall vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Rose. Representative Sente. Please take the record. On this question, 110 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3630, Representative Pritchard. Please read the Bill."
"Senate Bill 3630, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"Representative Pritchard."
"Thank you, Mr. Speaker. This Bill amends the School Code to expand the MIA/POW Scholarship Program to include veterans and servicemen, who was an Illinois resident within 6 months after entering the service, has been a resident of the State of Illinois for 30 years of continuant residency. I ask for your support." 09600130.doc 6 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"The Gentleman moves for the passage of the Bill. The Chair recognizes Representative Miller."
"Will the Sponsor yield?"
"Gentleman yields."
"Why is the… in our analysis, the Department of Veterans' Affairs and the V.F.W. against this?"
"Their opposition deals to the fact that they don't think any provision should be made for additional people to qualify because they're afraid that a lot of veterans will accumulate 100 percent disability and then the cost to the state would be greater. But this Bill only allows a four- year window. For those that qualify, it's very strict qualifications to who might qualify. And it was a request of Senator Sullivan."
"Okay. Thank you."
"Mr. Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields."
"Representative, I… I appreciate Representative Miller's question and your response. Just let me, I… if I may ask you just one question. How is this program funded? I know they get the waiver, but do we pay for the waiver, is there any appropriation to pay for these MIA/POW waivers?"
"There is supposed to be payments. Whether they're paid and whether they're paid promptly is an issue that we, as a Legislature and the Governor have control over." 09600130.doc 7 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Okay. And then, noting the VFW's concern, do you have any idea how many people might be eligible under this four- year window?"
"I was not able to determine a number, and my Amendment of making this a four-year window was an effort to further reduce any possible burden that this might cause to the state."
"Thank you very much, Representative."
"Mr. Pritchard to close."
"I ask for your support."
"Those in favor shall vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Boland. Representative Mulligan. Please take the record. On this question, 109 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3635, Representative Chapa LaVia. Please read the Bill."
"Senate Bill 3635, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"Representative Chapa LaVia."
"Thank you, Speaker, and Members of the committee. The piece of legislation has come over from the Senate, Senate Bill 3635, what it does it amends the section of the School Code that pertains to account of… of expenditures for bilingual transitional programs, Bill… requires only 60 percent bilingual funding to be used for instructional costs. It was a member initiative of Senator Noland, out in his district. And right now at the federal level it's 09600130.doc 8 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 required that they put the money in 90 percent of the cost. There were some questions that were brought up in committee by Representative Eddy as far as if there are certain expenditures that has to go into a column, but they can be paid through other expenditures in different line items. I'll take any questions."
"Lady moves for the passage of the Bill. The Chair recognizes Representative Eddy."
"Thank you, Speaker. Will the sponsor yield?"
"Lady yields."
"Representative, I… I want to make sure we… we explore the concerns that I had regarding the limitations of how the funds could be spent. What if… what if a district, because of its size or… well, first of all, this… this is for all school districts in the state that have a bilingual program?"
"Correct."
"So, what if a… there's a district, because of its size, that the administrative costs of the program might exceed 60 percent. Is there a way for that…"
"Well…"
"…district…"
"Well, like we talked in… in committee. There's other avenues in which they get reimbursed for the costs out-of-pocket for the districts that have to do with… with the bilingual education. But there was an is… there is a issue that was happening, especially in Senator Noland's area, that as well as 20 percent was being used on instruction, and the majority of the funds for 09600130.doc 9 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 administration of bilingual program. So, the intent of the Bill is to prioritize spending on these programs so the majority of the funds is going towards instruction and benefit the students."
"Well, I understand that. And I… I understand the problem that Senator Noland may have had in his district. Why… why isn't the legislation limited to that area? Why is it necessary to do a one size fits all limitation on administrative costs because there might be districts that simply cannot, because of their size, meet that requirement. I mean, it all sounds good, but sometimes the… the devil's in the details and…"
"Right."
"…we're… we're kind of tying the hands of possibly other districts. Well, Representative, you know, I… I generally want to help districts solve problems they have especially with issues related to restrictions on funds and this seems to be something that might help certainly some districts. We don't know the effect it might have on all districts. I have a concern about the one size fits all approach. My concern hasn't really been alleviated…"
"Right."
"…since committee. And… and I…"
"Right and we… we understood about your percentage or you're thinking there. As I dove into it a little more with ISBE, they have stated bilingual restriction amount is the district had to spend 90 percent of it on the bilingual education of the instruction of that child. So, when I asked Senator Noland where he came up with 60, he really 09600130.doc 10 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 didn't have a… a basis for me. It's something that I wouldn't necessarily… I…"
"Well, let me ask you this, Representative."
"…districts probably do already."
"And… and I work with you and I know that your intentions here are good. Is it possible… We have some time. Would you pull this from the record? We'll talk about it a little bit. We'll look at those unintended consequences. We bring it back and maybe it's something that…"
Chapa LaVia: "I'd absolutely… I'm fine with that, Representative Eddy. The thing that's curious is that no other school districts or superintendents have contacted me on this issue. ISBE has had this. They've stayed neutral on it, so they don’t even have a particular side on whether they think it's good or bad 'cause everything has to come through a regiment of checks and balances with them, and they have to send a report. So, even right now, when school districts don't expand that much money, or they expand more, or the different categories they put it in, they might not be reimbursed for the money they spend because they don't spend it properly."
"I think a couple…"
"So I have no problem…"
"…I think a couple of quick phone calls might be able to clear a couple of my concerns up."
"Yeah. I have no problem with…"
"Could you just give us a few minutes."
"…working you on… with this on pulling it off. And we will talk about it some more." 09600130.doc 11 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Okay. Thank you."
"Speaker, if we could pull the record, so we could do a little bit further work on it, I'd appreciate it."
Speaker Lang: "Out of the record. Senate Bill 3682, Representative Chapa LaVia. Please read the Bill."
"Senate Bill 3682, a Bill for an Act concerning transportation. Third Reading of this Senate Bill."
"Representative Chapa LaVia."
"Thank you, Speaker and Members of the committee, I mean, of the… of the House. Senate Bill 3682 amends the Vehicle Code to increase the amount the security bond that commercial driving schools must post when licensed by the Secretary of State. It was an initiative brought to me through the Secretary of State White. Since 2008, four major driving schools had abruptly closed during the middle of their classes. The security bond right now is at the level of 20 thousand. And it… it had been insufficient to reimburse students for the untaught portion of the classes because the bond was only 20 thousand. So, he's looking to raise it. I'll take any questions."
"Lady moves for the passage of the Bill. The Chair recognizes Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"The Lady yields."
"Representative I… I'm going to assume, but I never want to do that because it comes back to get me sometimes. Commercial driving schools by definition are privately owned? The reason I ask you, there are many community 09600130.doc 12 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 colleges that have adult driver ed and particularly CDL classes now."
"Right."
"So, this would not impact a community college."
"Right. This Bill, it would require a security bond of 10 thousand for nonaccidental schools, 40 thousand for CDL or teenage accredited school, 60 thousand for CDL accredited and teenage accredited schools, 50 thousand for CDL or teenage accredited schools with three or more licensed branches, and 70 thousand bond for CDL accredited and teenage accredited school with three or more licensed branches. So, it is… it's in the private sector out there."
"So, it's a…"
"It's a consumer friendly."
"…for… for-profit school not…"
"Correct. Correct."
"So, this would not impact any CDL classes being given by any of our community colleges or public schools?"
"No, Sir. This is just for commut… for commercial driving…"
"Okay."
"…schools."
"All right, fine. Thank you very much."
"Thank you, Sir."
"Representative Chapa LaVia to close."
"Just request an 'aye' vote. Thank you."
"Those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all 09600130.doc 13 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 voted who wish? Have all voted who wish? Representative Crespo, Durkin. Please take the record. On this question, 110 voting 'yes', 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Senate Bill 3684, Representative Mendoza. Please read the Bill."
"Senate Bill 3684, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
"Representative Mendoza."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 3684 amends the Criminal Code and provides that home invasion includes situations where the unlawful entry into the residence is made by deceiving the person or persons inside the residence. It also expands the crime of residential burglary to include situations where the unlawful entry into the residence is made by deceiving the person or persons inside the residence whether the felony or theft committed in the residence is done by the person or by an accomplice. The reason why we need this is because under current law residential burglary and home invasion require the unlawful entry to be accomplished by force or without permission. And currently the statute is silent on whether these crimes apply where permission to enter is received by deceiving the person or persons inside the residence. I know of no opposition to this Bill. It makes sense that if a person uses false pretenses to get into your home that they would be just as responsible as if a person broke into your home using 09600130.doc 14 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 force. I would ask for your support, and be happy to answer any questions."
"Lady moves for the passage of the Bill. There being no debate those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Fritchey. Please take the record. On this question, 109 voting 'yes', 0 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3692, Representative Joyce. Out of the record. Senate Bill 3696. Representative Yarbrough. Please read the Bill."
"Senate Bill 3696, a Bill for an Act concerning local government. Third Reading of this Senate Bill."
"Representative Yarbrough."
"Thank you, Mr. Speaker and Members of the House. Senate Bill 3696 allows the park district of Forest Park to adopt a supplemental budget in response to a tax increase approved by voters at the Primary Election on February 2. Currently the Park District Code requires each park district to adopt an annual budget before within the first quarter of each year. The annual budget and appropriations ordinance must specify the objects, amounts, and purposes for which the appropriations are made. This Bill will allow the park district to adopt a supplemental budget upon a majority vote of the full board. I'd be happy to answer any questions." 09600130.doc 15 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Lady moves for the passage of the Bill. And on that question, the Chair recognizes Representative Fritchey."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Just a quick question for clarification. So, they're simply seeking the additional ability to acquire additional open space for the community, correct?"
"That's correct."
"Okay. Thank you."
"There being no further debate, those in favor of the Bill shall vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Brady, Carberry, Joyce, Mitchell, Ramey. Mr. Clerk, please take the record. On this question, 107 voting 'yes', 3 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, what is the status of Senate Bill 3695?"
"Senate Bill 3695 is on the Order of Senate Bills- Third Reading."
"Place that Bill on the Order of Second Reading at the request of the Sponsor. Senate Bill 3728, Representative Black. Please read the Bill."
"Senate Bill 3728, a Bill for an Act concerning education. Third Reading of the Senate Bill."
"Mr. Black."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. This amends the University of 09600130.doc 16 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 Illinois Scientific Surveys Act, changes the effective date of the Act for all provisions to July 1, 2008; provides that all actions taken under this Act by the Board of Trustees and the University of Illinois on or after July 1, 2008, are hereby ratified. The reason for this Bill is the Legislative Reference Bureau wants this revision because it is meant to reflect what actually occurred after Public Act 95-728 was signed into law and that said the University of Illinois would take over all of the Scientific Surveys on July 1, 2008, but not all of the assets and personnel were transferred to the University of Illinois until June of 2009. So, the Legislative Reference Boar… the Legislative Reference Bureau simply says that this is necessary to prevent any legal questions that might arise because of the delay in the actual transfer of responsibilities as took place in the original Act. I'll be glad to answer any questions you have."
"The Gentleman moves for the passage of the Bill. There being no debate, those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Colvin, Davis, Zalewski. Please take the record. On this question, 109 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3743, Representative Ford. Please read the Bill."
"Senate Bill 3743, a Bill for an Act concerning public aid. Third Reading of this Senate Bill."
"Mr. Ford." 09600130.doc 17 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Thank you, Mr. Speaker and Members of the House. Senate Bill 3743 creates the Long Term Acute Care Hospital… Hospital Quality Improvement Transfer Program and establish guidelines for hospitals to participate as long-term acute care hospitals for the purpose of allowing admittance or transfer of clinically approved patients from their current hospitals. I'm happy to carry this Bill for Senator Leader Radogno. And I look for the passage of this measure."
"Gentleman moves for the passage of the Bill. And on that question, the Chair recognizes Representative Turner."
"Thank you, Mr. Speaker. Will the Gentleman yield?"
"Gentleman yields."
"Representative Ford, I have a couple questions for legislative intent regarding this Bill. Would you mind answering those questions?"
"I don't mind, Leader."
"The first one is, in the definition Section of this Act, specif… specifically the definition for LTAC hospital criteria, is it the intent of this Act that the integral level of care criteria, long-term acute care adult, meets the definitions for the LTAC hospital criteria?"
"Yes."
"It is my understanding that the Illinois Department of Healthcare and Family Services has agreed to use the integral criteria in the implementation of this Act. Is that correct?"
"That's correct." 09600130.doc 18 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"The second question is, is it the intention of this Act to include newly established LTAC hospitals in the definition of LTAC hospitals that are allowed by law to be paid an inflated costs per diem or supplemental rate?"
"Yes."
"It is also my understanding that the Illinois Department of Healthcare and Family Services has agreed, through the administrative rules process, to establish a methodology to calculate an inflated cost per diem or supplemental rate for new LTAC hospitals, that do not have cost reports, using the principles that are commonly used by the department to establish rate for new hospitals?"
"That is correct, Leader."
"Thank you, Representative. And we appreciate and we rise in support of Hou… Senate Bill 3743."
"Those in favor of the Bill vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record. On this question, 110 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3763, Representative Beiser. Please read the Bill."
"Senate Bill 3763, a Bill for an Act concerning transportation. Third Reading of these Senate Bill."
"Mr. Beiser."
"Thank you, Mr. Speaker. Senate Bill 3763 is an initiative of the Illinois Association of County Engineers. It amends the Highway Code and is intended to clarify the statute in regards to the relocation of existing highways 09600130.doc 19 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 and the rights and responsibilities for maintaining the old highway, not incorporated into a relay… relocated one. The current language was last amended 1959, and this legislation does not change the meaning or the intent of the original legislation, but it does reflect much cleaver language that the county has authority and ownership over the area and has a right to utilize or transfer as the rightful owner. Passed out of the Senate unanimously, out of the House Transportation Committee unanimously, and I would ask for an 'aye' vote."
"The Gentleman moves for the passage of the Bill. There being no debate, those in favor vote '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 Gordon. Representative McAsey. Please take the record. On this question, 108 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Bradley."
"Point of personal privilege."
"State your point, Sir."
"Mr. Speaker, I would like to introduce a foreign exchange student from Germany who's here with us today as a Page, Bjoern Wollny. How about a round of applause for Bjoern Wollny from Hamburg, Germany."
"Welcome to the House of Representatives, Sir. Thank you for being here. Next Bill on the Calendar is Senate Bill 3782. Representative Black. Please read the Bill." 09600130.doc 20 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Senate Bill 3782, a Bill for an Act concerning civil law. Third Reading of this Senate Bill."
"Mr. Black."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. This Bill would set forth a new procedure for discretionary or mandatory sealing of court records when there… a foreclosure has taken place. What is happening, particularly in University communities, a foreclosure happens in an apartment house and they list all of the tenants as defendants in the case. They have nothing to do with the foreclosure, and in fact, if they have a valid lease and their current… when the foreclosure is done, they are generally allowed to stay in the unit as per the terms of their original lease. But what is happening, because these records aren't sealed, various credit agencies pick them up. When the student or the… or the tenant then goes to get a mortgage or a loan, the bank says, well, you've been foreclosed on back in 2008. What was that all about? And the individual has no idea because he was never served with papers. So, I think this corrects an egregious violation that occurs to an innocent tenant when a foreclosure takes place. And it allows for the discretionary and in some cases, where the occupant… occupant is legally occupying the property, the mandatory closure of court records so his or her name doesn't turn up on a foreclosure list. It was explained to me that this is a common legal practice where everybody in the building may be listed as a defendant on a foreclosure. And I think 09600130.doc 21 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 that's the law of unintended consequences. I'll be glad to answer any questions that you have."
"Gentleman moves for the passage of the Bill. And on that question, the Chair recognizes Representative Fritchey."
"Thank you, Speaker. To the Bill. On our analysis, at least, this is listed as a Member initiative. Let me be clear it… it's much more than that. I… I happen to have the privilege and honor of representing DePaul University and this is an increasing problem, especially in these tough economic times, where property owners are frequently finding themselves under default, under foreclosure, and students that are doing nothing more than trying to be good students and trying to learn, find themselves with a black mark on their proverbial permanent record. This is something that provides no harm to anybody, does not protect anyone that doesn't deserve protection, does not shield any wrongdoers. It's simply making sure that we do not inadvertently have these students become collateral damage for a financial situation which was not of their making. This is not a situation where they didn't pay their rent. This is not a situation where they did not fulfill their obligations. This is a situation where they may be tenants in a building that happened to be foreclosed upon, and as Representative Black so eloquently stated, they then become unintended victims for the duration of their professional and adult lives. This is narrowly tailored. It's properly tailored. It addresses a specific 09600130.doc 22 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 goal, a specific problem. And I can't imagine any reason not to support this Bill. Thank you."
"Mr. Black, to close."
"I think my cosponsor, Representative Fritchey, said it all. I urge an 'aye' vote."
"Those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Flowers. Please take the record. On this question, 110 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Sacia."
"Thank you, Mr. Speaker. Point of personal privilege."
"State your point, Sir."
"Sir, the night before last Representative Yarbrough's committee, Public Safety Appropriations, met for over four hours, dealing with some very, very significant issues, and one very near and dear to the entire committee is the Illinois State Police saving $32 million a year by closing five State Police districts and laying off 450 Illinois State Troopers, saving $32 million a year, Ladies and Gentlemen. Conversely that same night, while we were in Representative Yarbrough's committee, the Executive Committee of the Senate is turning down a Bill that went through the House with 83 'yes' votes, a Bill sponsored by Representative Bassi, House Bill 4654, that allows free rides for seniors. There's not much I can speak with authority about, but I'm a senior. I don't need a free ride. And there's a lot of us that can afford it. We're 09600130.doc 23 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 giving up public safety, we're saving $32 million a year by laying off 450 Illinois State Troopers, closing five State Police districts and on the converse, we are going to allow $40 million a year to continue for free rides for seniors. My good friend, Representative Washington, my good friend, Representative Howard, my good friend, Representative Dunkin, all stood and opposed what was happening to the Illinois State Police; and yet, we allow $40 million a year for free rides for seniors like myself who can afford it. Representative Bassi's Bill has a Circuit Breaker in there that would still provide the free rides for those who need it. Ladies and Gentlemen, it is incumbent upon each and every one of us to get to Governor Quinn, and somehow make this diversion, if you will public safety, put 450 Troopers back on the street, reopen those five State Police districts. We can't do that, but we can provide free rides for senior citizens that don't need it, don't deserve it and quit frankly, I don't want it. I appreciate your indulgence, Mr. Speaker."
"The Chair recognizes Representative Washington."
"Thank you, Mr. Speaker. Mr. Speaker, I just want to reiterate that I agree with my colleagues. Most of the seniors that I'd spoke to, concerning that, they co… could go back to the way it was, with some people being able to ride free, but I think Representative Sacia, my good friend, puts it very well. When you got the State Police looking at major districts cutting and a reduction of… of guys out there on this publics highways, I think it becomes a public safety issue, and I think this is something that 09600130.doc 24 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 we can unify on. And we should do this more often because we talking about the State of Illinois. Thank you."
"Representative Bassi."
"Thank you, Mr. Speaker. The actual amount that we're losing per year is $50 million a year, and it's only going to get worse. I would really appreciate it if all of you would talk to your Senators and see if they couldn't bring that Bill back to committee. I sat through the Senate committee and listened to the lame excuses as to why our poor dear seniors, who can… who can really afford this, could get these free rides. It's a… it's a give away we cannot afford. We knew it at the time that it happened. We voted to rescind it then. We were strong enough to vote to rescind it a second time. The Senators need to stand up and be counted again as well. Thanks for your indulgence. And I echo my col… my previous colleagues."
"Representative Bellock."
"Thank you very much, Mr. Speaker. Again, I would reiterate that… that the actuarial for that is that by the year 2020 that cost will be $200 million by the time the baby boomers are all using that. Thank you."
"Next Bill on the Calendar is Senate Bill 3796. Representative D'Amico. Please read the Bill."
"Senate Bill 3796, a Bill for an Act concerning transportation. Third Reading of this Senate Bill."
"Mr. D'Amico."
"Thank you, Mr. Speaker. Senate Bill 3796 basically takes away the judges ability to give supervision for 09600130.doc 25 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 excessive speeders, people that are doing 40 miles an hour over the speed limit. I'll answer any questions."
"Gentleman moves for the passage of the Bill. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Fortner, Hatcher, Ramey, Saviano, Sommer, Winters. Please take the record. On this question, 105 voting 'yes', 3 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3815, Representative Farnham. Please read the Bill."
"Senate Bill 3815, a Bill for an Act concerning public aid. Third Reading of this Senate Bill."
"Mr. Farnham."
"Members of the House and Chair, Senate Bill 3815 creates a Public Benefits Fraud Protection Task Force to review the nature of public assistance fraud, provide calculations on the cost of fraud on Illinois taxpayers and to determine whether stringent penalties or compassionate procedures are necessary. Senate Bill 3815 is effective January 1, 2011. It's worth noting that President Obama, on Wednesday, March 10, 2010, signed a Presidential memorandum that will expand the Federal Government's efforts to combat fraud and reduce improper Medicare and Medicaid payments. Building on the recovery audit contractor program, the new plan directs all federal departments and agencies to more aggressively use payment recapture audit which offer private auditors financial incentives to indentify improper payments. According to 09600130.doc 26 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 the White House, improper payments totaled 98 billion in 2009. Roughly, 54 billion stem from Medicare and Medicaid. This gives us an opportunity in Illinois to make a statement and to ferret out fraud to save the taxpayers of the State of Illinois money, so that it can be used where it should be used. I urge a 'yes' vote, and I would take any questions."
"Gentleman moves for the passage of the Bill. There being no debate, those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Dunkin. Please take the record. On this question, 109 voting 'yes', 0 voting 'no'. And this Bill having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Hatcher."
"Good morning, Speaker. I'd like to… the record to reflect that I should have voted 'yes' on Senate Bill 3796. Thank you."
"The record will reflect your intentions. Senate Bill 3817, Representative Sente. Please read the Bill."
"Senate Bill 3817, a Bill for an Act concerning State Government. Third Reading of this Senate Bill."
"Representative Sente."
"Thank you, Speaker, Members of the House. This legislation amends the Small Business Development Act Article of Build Illinois Act by adding one category of veterans to an existing class of individuals. The Illinois Department of Commerce and Economic Opportunity has a 09600130.doc 27 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 participation loan program for small businesses that are owned and managed by minorities, females, and disabled persons. It now adds veterans. It's identical to House Bill 4206 that passed the House… 116. I urge an 'aye' vote."
"Lady moves for the passage of the Bill. There being no debate, those in favor vote '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, Dunkin, Winters. Please take the record. On this question, 110 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3818, Representative Dugan. Please read the Bill."
"Senate Bill 3818, a Bill for an Act concerning employment. Third Reading of this Senate Bill."
"Representative Dugan."
"Thank you, Speaker. Senate Bill 3818 adds a child and a grandparent of a person called to military service to the list of employees eligible to request family military leave. We did have House Amendment #1, which came from the Chamber of… Illinois Chamber, that just clarifies the number of days in relationship to the Family Medical Leave Act so it's coordinated. I'll answer any question, but I'd like an 'aye' vote."
"Lady moves for the passage of the Bill. There being no debate, those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? 09600130.doc 28 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 Representative Hernandez. Mr. Clerk, please take the record. On this question, 110 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Members, it is the intention of the Chair to begin running Bills on Second Reading. Please cooperate by helping us run these as quickly as we can, and be in your chair so we can get through all of these. It is also the intention of the Chair to not stop for parliamentary considerations unless necessary. We're not going to stop for points of personal privilege. We will give you a chance to say anything you want, when we complete these Bills. We want to get through these Bills. The first… Chair recognizes Representative Black."
"Thank you very much, Mr. Speaker. Before the somewhat autocratic rules take affect, I rise to a point of order."
"State your point, Sir."
"Under House Rule 18(g), I move for the discharge of House Bill 4… 4800 from the House Rules Committee. Under House Rule 54(a), subsection 2, all Motions should be assigned Standard Debate status, and I wish to debate my Motion. Upon the conclusion of the debate, I will ask for a recorded vote on the Motion to Discharge. Under Rule 49, Article IV, Section 8(c) of the Illinois Constitution, any vote shall be by a recorded vote whenever 5 Representatives so… shall so request. I'm joined by 5 Members on my side of the aisle that wish a recorded vote on my Motion to Discharge House Bill 4800. Thank you, Mr. Speaker."
"Representative Currie."
"Thank you, Speaker. I object to the Motion." 09600130.doc 29 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Lady objects to the Motion. The Motion requires unanimous consent; therefore, the Motion is defeated. Representative Black."
"Thank you very much, Mr. Speaker. Ladies and Gentlemen of the House, I read a guest editorial yesterday by a Member of this Body, a gentleman I have some respect for, was a guest editorial in the Chicago Tribune and he was calling on the state to stop spending, stop spending money we don't have. House Bill 4800, and this is not a new initiative of mine, I've been trying to do this for a number of years. House Bill 4800 has to do with the state tax payer financed executive aircraft. We have more aircraft dedicated to the transport of politicians, bureaucrats, directors, assistant directors and in some cases, spouses and children flying back and forth from Springfield to Chicago, Chicago to Springfield, Springfield to wherever you want to go. We have four Beechcraft King Airs. These are top of the line executive aircraft. Remember when Congress got so mad when the automobile executives showed up in Washington in their private jets. Well, we do it all the time. We fly all over the state. We have two executive helicopters. We have about $30 million wrapped up in aircraft, paid for by the taxpayers of the State of Illinois, that people seem to think is their own personal airplane. We don't have the money to do this. We don't have the money to buy the fuel, maintain the aircraft, hire the pilots, hire the mechanics, rent hanger space, pay the landing fees. Every time a plane lands at O'Hare, I think it's $225. We don't have the 09600130.doc 30 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 money. Now, we've just gone through a little mini… a mini problem with, oh, I didn't know we had automobiles assigned to people in the General Assembly. I've known that for almost 20 years. You feign surprise. We can't afford this executive aircraft fleet bought, paid for, maintained, fueled, operated by the taxpayers of the State of Illinois. It's time to put an end to this. House Bill 4800 allows for the retention of one aircraft. We're a big state. The Governor needs to get around and that plane, under rules promulgated by this Body, could be then made available to others in the case of an emergency or official state business. Remember how mad you got when former Governor Blagojevich was flying back and forth, three and four and five times a day, at a cost of 6 to 7 thousand dollars a day by using the state aircraft. These… and sometimes his… the plane assigned to the Governor would fly up to Chicago empty and pick him up. This is a perquisite that we… you cannot defend. We cannot afford. We have more state aircraft devoted to flying us around than any state in the country, bar none. I agree with the guest editorial yesterday that appeared in the Chicago Tribune by one of our esteemed Members. Stop spending money. I don't care if you vote for 4800, but I think we should discuss it as we just discussed free bus rides for seniors. These Bills cannot be hidden, they can't be swept under the rug, they cannot be ignored day after day, year after year, and then you go to the taxpayer and say we need more money. Why? Why, when we waste so much of the money that they already pay often times involuntarily. Mr. Speaker, I'm very 09600130.doc 31 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 disappointed that we aren't even allowed to have a debate on this Bill in committee. Doesn't mean you would vote for it. The Bill may very well fail, but, I'm at a loss in this fiscal crisis to see how any of you will be in willing to stand up and tell the taxpayers, I deserve to fly on an airplane that you pay for, that you maintain, that you fuel, that you hire the pilots, the mechanics, and everybody else that works on four Beechcraft King Airs, $5 million airplanes, and two Bell Jet Ranger Helicopters, that sell from four to four and a half million dollars a piece. This is… and you wonder why some people have a reluctance to support a tax increase when we do this. When the Chicago Tribune and the Sun Times report, breathlessly, that the General Assembly has 12, 15, 20 cars… automobiles assigned to it. If you're not going to change in this fiscal crisis, my fear is, we will never change and the taxpayers simply have less and less and less trust in what we do. And it's no wonder we're $14 billion in debt. Mr. Speaker, under House Rule 57(a), I move to appeal the ruling of the Chair in all due respect to the Chair in all due respect to the Members of this Body, that there be a recorded vote to overturn the ruling of the Chair that we're not allowed to discharge House Bill 4800 from the House Rules Committee. The time to stand up is now, the time to be part of the solution is now, or you can sit there and play this game where you all vote in sync and remain part of the problem. I move that we overturn the ruling of the Chair." 09600130.doc 32 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"The question is, 'Shall the Chair be sustained?' All in favor ss… vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Boland, Burns. Please take the record. On this question, there are 66 voting 'yes', 44 voting 'no'. And the Chair is sustained. Moving to the Order of Second Readings on page 6, there appears Senate Bill 374. Representative Currie. Please read the Bill."
"Senate Bill 374, a Bill for an Act concerning State Government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 380, Representative Turner. Out of the Record. Senate Bill 380… Senate Bill 384, Representative Smith. Read the Bill."
"Senate Bill 384, a Bill for an Act concerning State Government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 448. Representative Mautino. Mr. Mautino, do you wish to move your Bill, Sir? Please read the Bill."
"Senate Bill 448, a Bill for an Act concerning finance. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 552, Representative Burke. Read the Bill."
"Senate Bill 552, a Bill for an Act concerning public employee benefits. Second Reading of this Senate 09600130.doc 33 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 615, Representative Ford. Read the Bill."
"Senate Bill 615, a Bill for an Act concerning education. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 735, Representative Hoffman. Read the Bill."
"Senate Bill 735, a Bill for an Act concerning gaming. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
Third Reading. Senate Bill 851, Representative Yarbrough. Out of the record. Senate Bill 1369, Representative McAsey. Out of the record. Returning to Representative Yarbrough's Bill. Do you wish to move your Bill? Senate Bill 851. Please read the Bill, Mr. Clerk."
"Senate Bill 851, a Bill for an Act concerning health. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 1826, Representative Mautino. Please read the Bill."
"Senate Bill 1826, a Bill for an Act concerning revenue. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 2065, Mr. DeLuca. Please read the Bill." 09600130.doc 34 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Senate Bill 2065, a Bill for an Act concerning local government. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 2093, Representative Holbrook. Re… Out of the record. Senate Bill 2101, Mr. Fritchey. Out of the record. Senate Bill 2350, Representative Reboletti. Out of the record. Senate Bill 2476, Representative Fritchey. Read the Bill."
"Senate Bill 2476, a Bill for an Act concerning transportation. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 2525, Representative Reitz. Mr. Reitz. Out of the record. Senate Bill 2529, Representative Phelps. Read the Bill."
"Senate Bill 2529, a Bill for an Act concerning local government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
Speaker Lang: "Third Reading. Senate Bill 2573, Representative Hoffman. Read the Bill, please."
"Senate Bill 2573, a Bill for an Act concerning State Government. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 2579, Representative Reitz. Please read the Bill." 09600130.doc 35 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Senate Bill 2579, a Bill for an Act concerning State Government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 2581, Mr. Fritchey. Please read the Bill."
"Senate Bill 2581, a Bill for an Act concerning financial regulations. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 2605, Representative Collins. Please read the Bill."
"Senate Bill 2605, a Bill for an Act concerning children. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 2810, Representative Currie. Please read the Bill."
"Senate Bill 2810, a Bill for an Act concerning local government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 2812, Representative Watson. Please read the Bill."
"Senate Bill 2812, a Bill for an Act concerning safety. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 2817, Representative Yarbrough. Please read the Bill." 09600130.doc 36 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Senate Bill 2817, a Bill for an Act concerning insurance. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 2819, Representative Osmond. Out of the record. Senate Bill 2986, Representative Beiser. Please read the Bill."
"Senate Bill 2986, a Bill for an Act concerning land. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 2987, Representative Acevedo. Plea… out of the record. Senate Bill 3022, Representative Burke. Please read the Bill."
"Senate Bill 3022, a Bill for an Act concerning public employee benefits. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3024, Representative Bassi. Please read the Bill."
"Senate Bill 3024, a Bill for an Act concerning transportation. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
Speaker Lang: "Third Reading. Senate Bill 20… 3025, Representative Fritchey. Please read the Bill."
"Senate Bill 3025, a Bill for an Act concerning professional regulations. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed." 09600130.doc 37 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Third Reading. Senate Bill 3028, Representative McAsey. Out of the record. Senate Bill 3037, Representative Howard. Read the Bill."
"Senate Bill 3037, a Bill for an Act concerning State Government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3047, Representative Flowers. Out of the record. Senate Bill 3084, Representative Mell. Read the Bill."
"Senate Bill 3084, a Bill for an Act concerning sex offenders. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3085, Representative Burns. Read the Bill."
"Senate Bill 3085, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3090, Representative Burns. Read the Bill."
"Senate Bill 3090, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3093, Representative Flider. Read the Bill."
"Senate…" 09600130.doc 38 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Excuse me, Mr. Clerk. Out of the record. Senate Bill 3094, Representative Rita. Read the Bill."
"Senate Bill 3094, a Bill for an Act concerning professional regulation. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3097, Mr. Hoffman. Read the Bill."
"Senate Bill 3097, a Bill for an Act concerning safety. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3136, Representative Acevedo. Out of the record. Senate Bill 3146, Representative Burns. Out of the record. Senate Bill 3176, Representative Ramey. Out of the record. Senate Bill 3180, Representative Cross. Out of the record. Senate Bill 3206, Representative Dugan. Read the Bill."
"Senate Bill 3206, a Bill for an Act concerning State Government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3222, Representative Burke. Read the Bill."
"Senate Bill 3222, a Bill for an Act concerning education. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3249, Mr. Burns. Read the Bill." 09600130.doc 39 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Senate Bill 3249, a Bill for an Act concerning State Government. Second Reading of this Senate Bill. Amendment #1 was adopted in Committee. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3265, Representative Zalewski. Read the Bill."
"Senate Bill 3265, a Bill for an Act in relation to taxes. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3304, Representative Acevedo. Read the Bill."
"Senate Bill 3304, a Bill for an Act in relation to criminal law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3305, Mr. Smith. Read the Bill."
"Senate Bill 3305, a Bill for an Act concerning violent offenders against youth. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3344, Representative Reitz. Out of the record. Senate Bill 3347, Representative May. Read the Bill."
"Senate Bill 3347, a Bill for an Act concerning safety. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendment. No Motions are filed." 09600130.doc 40 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Third Reading. Senate Bill 3433, Mr. Sacia. Read the Bill."
"Senate Bill 3433, a Bill for an Act concerning the transfer of real property. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3540, Mr. Mautino. Read the Bill."
"Senate Bill 3540, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. Amendments 1 and 2 were adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3547, Mr. Ford. Read the Bill."
"Senate Bill 3547, a Bill for an Act concerning education. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3552, Mr. Phelps. Read the Bill."
"Senate Bill 3552, a Bill for an Act concerning revenue. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3584, Mr. Fritchey. Read the Bill."
"Senate Bill 3584, a Bill for an Act concerning business. Second Reading for this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed." 09600130.doc 41 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Third Reading. Senate Bill 3610, Mr. Eddy. Out of the record. Senate Bill 3646, Representative Currie. Read the Bill."
"Senate Bill 3646, a Bill for an Act concerning revenue. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3648, Representative Howard. Read the Bill."
"Senate Bill 3648, a Bill for an Act concerning revenue. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3666, Representative Riley. Read the Bill."
"Senate Bill 3666, a Bill for an Act concerning revenue. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3699, Representative Smith. Read the Bill."
"Senate Bill 3699, a Bill for an Act concerning education. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Returning to Senate Bill 3681, Representative Eddy. Out of the record. Senate Bill 3705, Mr. Farnham. Read the Bill, please."
"Senate Bill 3705, a Bill for an Act concerning education. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed." 09600130.doc 42 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Third Reading. Senate Bill 3706, Representative Ford. Please read the Bill."
"Senate Bill 3706, a Bill for an Act concerning education. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3722, Mr. Smith. Read the Bill."
"Senate Bill 3722, a Bill for an Act concerning local government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3732, Representative Mell. Read the Bill."
"Senate Bill 3732, a Bill for an Act concerning transportation. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3739. Please read the Bill."
"Senate Bill 3739, a Bill for an Act concerning civil law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"That Bill shall be ha… held on the Order of Second Reading. Senate Bill 3747, Mr. Fritchey. Mr. Fritchey, 3747. Read the Bill."
"Senate Bill 3747, a Bill for an Act concerning real properties. Second Reading of this Senate Bill. 09600130.doc 43 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3762, Mr. Mautino. Read the Bill."
"Senate Bill 3762, a Bill for an Act concerning regulations. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3780, Representative Golar. Read the Bill."
"Senate Bill 3780, a Bill for an Act concerning State Government. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3797. Please read the Bill."
"Senate Bill 3797, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3800. Please read the Bill."
"Senate Bill 3800, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Returning to page 7 of the Calendar, Senate Bills-Second Reading. Senate Bill 663, Representative Monique Davis. Please read the Bill." 09600130.doc 44 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Senate Bill 663, a Bill for an Act concerning regulations. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Page 9 of the Calendar, Senate Bill 2590, Mr. Schmitz. Please read the Bill."
Senate Bill 2590, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Page 9 of the Calendar, Senate Bill 3011. Representative McCarthy. Please read the Bill."
"Senate Bill 3011, a Bill for an Act concerning gaming. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Page 10 of the Calendar appears Senate Bill 3029, Representative Careen Gordon. Please read the Bill."
"Senate Bill 3029, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Same page, Senate Bill 3118, Representative Nekritz. Please read the Bill."
"Senate Bill 3118, a Bill for an Act concerning transportation. The Bill was read a second time on a previous day. No Committee Amendments. No Floor Amendments. No Motions are filed." 09600130.doc 45 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Take the Bill out of the record, Mr. Clerk. Page 11 of the Calendar, Senate Bill 3139, Representative Nekritz. Please read the Bill."
"Senate Bill 3139, a Bill for an Act concerning revenue. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Page 12 of the Calendar appears Senate Bill 3508, Representative Saviano. Please read the Bill."
"Senate Bill 3508, a Bill for an Act concerning courts. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. On the same page, Senate Bill 3405, Mr. McCarthy. Please read the Bill."
"Senate Bill 3405, a Bill for an Act concerning public employee benefits. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3537, Mr. McCarthy. Please read the Bill."
"Senate Bill 3537, a Bill for an Act concerning public employee benefits. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Returning to Senate Bills-Third Reading, page 2 of the Calendar. There appears Senate Bill 226, Representative Smith. Mr. Smith. Out of the record. Senate Bill 918, Representative Dugan. Out of the record. Senate Bill 935, Representative D'Amico. Out of 09600130.doc 46 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 the record. Senate Bill 1716. Out of the record. Senate Bill 2507, Representative McGuire. Please read the Bill, Mr. Clerk."
"Senate Bill 2507, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"Mr. McGuire."
"Thank you, Mis… excuse me. Thank you, Mr. Speaker. This Bill is… has to do with school bonds, and, it… excuse me, for the Wilmington School District in my… in my… district. And I would appreciate your 'aye' vote."
"Gentleman calls for the passage of the Bill. The Chair recognizes Representative Schmitz."
"After the Bill."
"Who wishes to speak after the Bill. There being no debate, those in favor shall vote 'yes'; those opposed vote 'no'. The voting is open. This is a Third Reading Roll Call. Have all voted who wish? Have all voted who wish? Have all voted who wish? Fritchey, Miller, Sullivan, Watson, Winters. Please take the record. On this question, there are 77 voting 'yes', 32 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Schmitz."
"Thank you, Speaker. Could the record, from this point on, please excuse Representative Bill Black?"
"The record will so reflect. Thank you, Sir. Senate Bill 935, Representative D'Amico. Please read the Bill." 09600130.doc 47 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Senate Bill 935, a Bill for an Act concerning transportation. Third Reading of this Senate Bill."
"Mr. D'Amico."
"Thank you, Mr. Speaker. Senate Bill 935 is the reform package on the Red Light Camera Enforcement Program. I'll be free to answer any questions."
"Gentleman moves for the passage of the Bill. And on this question, the Chair recognizes Representative Eddy."
"Thank you, Speaker. Representative, can you be a little more specific as to what the agreement was, the final agreement on the red light issue?'
"The Sponsor will yield to you, Sir."
"Thank you. I'm sorry, Mr. Speaker."
"That's all right, Sir. You know how formal I am up here."
"I understand. I understand."
"Mr. D'Amico."
"Thank you, Representative. Representative, basically what it's doing, if you do come to a com… you have to come to a complete stop, otherwise, you will get a ticket. You know, be… before if you… if you eased over the line a little bit, you still got a ticket. Your will not get that ticket now, but you have to come to a complete stop. You cannot just roll through the intersection."
"Okay. And… and I think that's probably true whether it's on camera or if it's witnessed by an officer."
"Right. It also has to be… the verifiers have to be either police officers or licensed verified reviewers." 09600130.doc 48 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Do… does it do anything related to the ability of an individual who has been cited for a violation that… that would allow them to have access to the… the video? Does it make any changes along those lines?"
"They have complete access on line to view the… to view the video or the photos that are taken. And if they do challenge it, in court, they're not charged the $100 fine that was previously in there."
"So, in other words, if, through due process, they… they contest whether they rolled through or… or if they have violated. They get to look at it first…"
"Yes."
"…and then, if they feel that they have a reason to contest, they're not going to be charged to bring that evidence to court in order to claim their innocence."
"That is correct."
"Okay. Any… anything else significant. It sounds like they made some… some commonsense changes here. Ther… there appears to be some agreement. Is anybody still opposed the way the… the Bill is written?"
"I didn't have anybody oppose anything in committee, Representative."
"Okay. Well, thank you. I appreciate the additional explanation. I know this has been an issue that has drawn a lot of… a lot of attention. There were some issues related to the cost to… to defend yourself, and I think those have been addressed. I'll listen if there's any additional debate, but I do appreciate you clearing up those points." 09600130.doc 49 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Thank you."
"This item, Members, this does it matter is on Short Debate, so I'm going to be using the two-minute timer. The Chair recognizes Representative Rose for two minutes."
"Will the Sponsor yield?"
"The Gentleman yields."
"Representative D'Amico, previously, counties or municipalities were eligible to use these systems, were set in statute. So, there was a Bill here several… last year, in fact, that would have expanded the number of counties that use these systems. That Bill failed… or well, several counties were removed at the request of the Legislators in this room, who did not want these systems in their areas. Does this allow any county or municipality in the state to have these systems?"
"You can… I… I'm not… I don't quite understand your question. I mean, if… if they don't want the camera in their district, they can do away with it."
"No, no. I guess what I'm saying is, right now, to have these systems… Here's the point. The City of Champaign city manager wanted to do this, didn't even tell his City Council about it, and the people who get the tickets are my constituents, and don't live in Champaign. So, it ends up becoming taxation without representation. We…"
"This is not an expansion, Representative."
"So, I want to be clear on that point. There still… be… because right now, any county that uses it or municipality that uses it has to be authorized by this Body. It appears 09600130.doc 50 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 in your analysis here that we are allowing any Home Rule entity to go ahead and do this."
"You're right. Yeah. This is not an expansion."
"Okay. If I'm right, then it isn't. I guess, I was saying according to the way I read it it is an expansion."
"That's not the way we read it."
"Okay. So, you're saying that Home Rule will not be able to do it unless they come here and get authorization from the General Assembly?"
"That's the way I understand it."
"Thank you, Representative."
"Mr. Sullivan, for two minutes."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields."
"Representative, I'm trying to find it in the Bill text, in our analysis it says that these violations are going to be on a Web site. And my concern is, who has access to these because we saw an incident take place where the President of the Senate was able to obtain some violations of a Member of his Senate, the Gentleman that has is actually been kind of leading the charge over there against these cameras. Can you explain to me how this is going to take place, and who has access to individual violations, or can anyone from the general public get access to these violations?"
"According to our analysis here it says the image is accessible to the alleged violator." 09600130.doc 51 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"So, there's going to be a way for the alleged violator to get a pass code of some type to view his or her individual violation?"
"Yes."
"Now, what is going to be the rule going forward because it's still somewhat ambiguous on what is… has taken place over on the Senate side in regard to being able to obtain someone's individual violation when it's not the person that was the violator. So, is there going to be a process by which… if I wanted to view the potential violations by the Senate President, I could go ahead and get those?"
"I don't… I don't know if you could view somebody else's violation, but I do think that, you know, whatever city, they could… they could make something public."
"So, the process that has taken place in the past, where this violation of one of the Senators was shown to the public, and made public to local media, that is going to go away, and so they're not going to be able to do that? The… the Senate President won't be able to pick up someone else's violation?"
"In the Bill here, it just says the alleged violator."
"Please bring your remarks to a close."
"Okay. So, it's your understanding that only the violator's going to be able to get these. So, for intent, you believe it's only the violator is going to be able to view the violation, and nobody else is going to be subject… have these sub… be subject to FOIA or anything of that nature." 09600130.doc 52 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"That's the way I understand it, but I'm not sure on the FOIA I'll have to get back to you on that."
"Granted. Thanks."
"Mr. Durkin, for two minutes."
"Thank you. The Sponsor yield?"
"Gentleman yields."
"Representative, in this Bill, are you requiring the ticket or the violation to list the name of the individual who has reviewed it, particularly the ven… on the vendors side, the person who has reviewed it, and observed these… the violation and also the name of the officer who's reviewed it and has approved it. Is that in the Bill?"
"I… I believe that is in the Bill. They're going to have two police officers or an official reviewer review the Bill… review the ticket."
"And they will be identified in the violation notice, correct?"
"Yes."
"Okay. How about on the… from the vendor? 'Cause it starts with the vendor, someone who's sitting in the… who's… who's not… the nonpolice officer who first identifies the violation. Will they be identified in the violation?"
"I'm not sure I understand. What… what do you mean?"
"Well, what I'm saying is that, if I'm not mistaken the way this process works is that the vendor first, is the one that sends in the notice to the local police department that they believe that there was a violation, and then the police department confirms that. Is the name of the 09600130.doc 53 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 individual who… who's works for the vendor, are they identified in the report or the… or the violation?"
"I'll have to get back to you on that. We're not sure if the vendor is notified."
"Okay. One of the other issues and maybe Representative Sul… Sullivan brought that to your point, and I've discussed this with you, is there a mechanism in this Bill which a person, who particularly needs a father, who has daughters, who will use my car, and get home before me, and will be able to go through the mail, and I'll never know about violation notices, but I'm the one who's ultimately going to be responsible, and I will be the one who is going to be subject to the Class A misdemeanor, handcuffed, sent down to the criminal courthouse and go through a bond hearing. Is there a mechanism in here which I can use as a… is a defense that I was not behind the wheel during these violations?"
"No, there's not. And I know we've talked about this, and this is something that I'd be glad to work with you on in the future."
"I… I know. And I think that is just a fundamental flaw, when we have this. People have…"
"Bring… please bring your remarks to a close."
"…with the… you know, the… the boot in Chicago and some of the parking violations."
"Right."
"But I think it's wrong when we're going to say that the person who is the owner, the… who's registered to the automobile, is the one who's going to be subject to the 09600130.doc 54 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 penalties. In many times, for someone else's… through someone else's fault. So, I thank you for your… your time."
"Thank you, Represent…"
"Representative Froehlich."
"Thank you, Mr. Speaker. To the Bill. This Bill addresses several areas that people were concerned about such as the length of the yellow light, stopping on, or just past the line, and having the… the video being available. I… three of the towns in my district have been using these cameras, Elk Grove Village, Roselle, and Rolling Meadows. They all report a significant drop in… in accidents at those intersections. And so, I'd like to commend the Bill's Sponsor. This is an agreed Bill. There's no organized opposition. And I urge an 'aye' vote."
"Representative Careen Gordon." Gordon, C.: "Thank you, Mr. Speaker, to the Bill. Ladies and Gentlemen, if I could have your attention regarding this piece of legislation. I was just on the phone, talking to one of the great citizens of the State of Illinois, and he just happens to be one of my constituents. Happens to be one of the constituents that many of you know. He lives in my district and he is a great Greek philosopher, he's a… he's a great fan of the Sponsor of this legislation. He happens to be someone who told me on the first day that I got this job, he says things like, young lady you're spending other people's money. But what he says, when I told him that we were talking about the red light 09600130.doc 55 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 legislation, he said, if you stop at the red light, you won't get a ticket. If you obey the law, you won't have to pay the fine. So, the great Greek philosopher, living in the 75th District, who happens to be in Morris, Illinois, lays it on the line and says, stop at the light. It won't matter where the red light cameras are because then you won't get a fine. So, thank the Greek philosopher, and vote for this piece of legislation that has caused so much ridiculous controversy in our papers, in the Senate, all over the State of Illinois, because when it comes right down to it, stop, you won't get a ticket, and obey the law. Thank you."
"Mr. DeLuca."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields."
"Representative D'Amico, a couple quick questions. The municipality would be required to notify the public of the locations of the cameras?"
"Yes. There… there's sup… there's supposed to be signs put up at the intersections."
"Aside from the signs, that exists on a Web site?"
"Yes, it will be on the Web site."
"Does it have to be on a Web site?"
"Yes, it does."
"And the Web site that the municipality must provide for the offender to review the violation, that's a Web site that must be provided by the Web site… by the municipality?"
"Yes". 09600130.doc 56 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Even if they currently do not have one?"
"Well, no. If they don't have cameras, they don't need to have it."
"No. If they don't currently have a Web site…"
"Well, then, they'll have to… Yes…"
"…but they have cameras?"
"…they'll, have… they'll have to have a Web site."
"Okay. And this does not al… allow the municipality to charge a fee at the hearing?"
"Right. Before there was a $100 fee, or a $50 or a $100 fee, just to, you know, show up in court and oppose your ticket. That's going to be waived."
"Do you know if that preempts Home Rule?"
"That's going to be waived if you're found not guilty."
"Do you know if that preempts Home Rule?"
"I'll have to get back to you on that."
"Okay. Thank you very much."
"Representative Flowers."
"Thank you, Madam Chairman. I'm… I'm sorry, Mr. Speaker."
"That's all right."
"Will the Gentleman yield?"
"Gentleman yields."
"Representative, so all municipalities don't have to have these red light cameras, am I correct?"
"That is correct."
"So, then all things are not equal in this state, if this Bill were to become law, because in the municipalities 09600130.doc 57 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 where they don't have the red light cameras, and if they don't come to a complete stop, they will not be arrested, their cars will not be towed, and nor will they loose their license. But only in the cities where there are the red lights, would we have to totally comply and be under such pressure. Now, let me ask you another question. Are all red lights across the state equal? Is the timing the same for the red light, the same for the yellow light?"
"First, first th… the first part of your question, you're not going to be arrested, and your car's not going to get towed for going through a red light, anyways, no matter where you're at."
"No, just not coming to a complete stop."
"Well, you're not going to get arrested. You're not going to get your car towed because you went through a red light or if you rolled… didn't come to a complete stop. You're not going to get arrested for that, you're going to get a ticket."
"And so after you get so many tickets…"
"Then you… then you might get arrested because…"
"Okay."
"…you're going to have moving violations."
"Okay."
"But not by the red light camera. You're not going to get a moving violation."
"Today. Okay. Well, see, my… my time…"
"Well, no, because they don't know who's driving the car…"
"Okay." 09600130.doc 58 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"…that's why you wouldn't receive a moving violation."
"Okay. My time is moving on and… but I need for you to answer the questions in regards to, are all the red lights equal across the state? And is it fair, since it's not a mandate, that all municipalities in this state have it, that some should be punished and some should not?"
"The answer to your question on the red light, on the timing, there's federal guidelines that they have…"
"Representative D'Amico will finish his answer. Representative Flowers, you'll bring your remarks to a close."
"Okay."
"There's federal guidelines that these lights have to meet, and I think the approximate… the… the smallest amount of time that a yellow light could be is 2.6 seconds. And most of them are about 3 seconds. And the bottom line is, you know, a yellow light doesn't mean speed up. A yellow light means to slow down, because a red light is coming. So, that's… that's what we need to make sure the public is aware of."
"Oh. I agree with you 100 percent. I agree with you as far as complying with the law. But sometimes we all know that the lights are broken. A storm may come by. Anything could happen. So, we have to be very careful. And it… it appears to me that we're just trying to raise money off of little bitty fines, and we're causing more havoc in people's lives in this hurry-up world, that I do know that we need to slow down in and it is not my intention to encourage anyone to run a yellow light or red 09600130.doc 59 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 light. But I just don't think that we should be in the business of putting people under such pressure that they going to be afraid that if they don't stop, and they're going to cause more accidents as a result of stopping too soon, stopping too long, or something to that effect."
"Well, I… I can tell you, Representative, that in a lot of these intersections, and I've seen the data. Especially from the City of Chicago, where these light… where these red light cameras have been in place, accidents have gone down 83 percent. And you know it yourself, I know it myself, when I… when I approach these intersections where I know these red light camera are, I'm slowing down automatically, not trying to speed up. So, it… it is a… it's a safety measure, putting these cameras in place, not only for the vehicles on the road but for the pedestrians crossing the street."
"Thank you, Representative, but I would wish that we would do a warning before so we could just kind of test it, like I said because, all is not equal across the state…"
"Thank you."
"…as far as the lights and everything. Thank you."
"Mr. D'Amico to close."
"I just encourage an 'aye' vote."
"The Gentleman moves for the passage of the Bill. Those in favor vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Carberry, Crespo, Saviano, Wait. Please take the record. On this question, there 80 voting 'yes', 27 voting 'no', and 1 voting 09600130.doc 60 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 918, Representative Dugan. Please read the Bill."
"Senate Bill 918, a Bill for an Act concerning conservation. Third Reading of this Senate Bill."
"Representative Dugan."
"Thank you, Speaker. Senate Bill 918 is identical to House Bill 5901 that we passed out of the House by a vote of 95 to 1. It also passed out of the Ag Committee. This is an initiative of DNR and it amends the Wildlife Code to allow them to issue special permits to salvage dead, sick, orphaned, or crippled wildlife. I'll answer any question and would like an 'aye' vote."
"Lady moves for the passage of the Bill. There being no debate. Those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record. On this question, 108 voting 'yes', 1 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 2544 Representative Mautino. Please read the Bill."
"Senate Bill 2544, a Bill for an Act concerning insurance. Third Reading of this Senate Bill."
"Mr. Mautino."
"Thank you, Mr. Speaker. Senate Bill 2544 creates the Interstate Product Regulation Compact. Basically, Illinois will join with 35 other compacting states. This deals with long-term insurance product: life… life insurance, disability insurance. And it was part of the Federal Law 09600130.doc 61 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 that created it. I know of no opposition. There… Our Department of Insurance, our Insurance Commissioner will become part of this Commission. And it will approve different forms of policies and instruments available throughout the country."
"The Gentleman moves for the passage of the Bill. No debate is requested. Those in favor shall vote 'yes'; those opposed shall vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Franks. Please take the record. On this question, 109 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 2578. Representative Sacia. Please read the Bill."
"Senate Bill 2578, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. Correction. Third Reading of this Senate Bill."
"Mr. Sacia."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, Senate Bill 2578 allows any member of a nationally recognized military reenactment group to possess vintage rifles or modern reproduction rifles with a barrel length of less than 13… or with… correction, less than 16 inches for use in connection with historical reenactment. An Amendment to this Bill also allows those same so certified individuals to possess vintage rifles or modern reproduction rifles with a barrel length of less than 16 inches for use in connection with a historical reenactment if he or she has been issued a Curios and Relicts license 09600130.doc 62 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. I'd be happy to answer questions."
"Gentleman moves for the passage of the Bill. Those in favor vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Burns. Please take the record. On this question, 109 voting 'yes', 0 voting 'no'. And this Bill having received the Constitutional Majority, is hereby declared passed. Senate Bill 2583, Representative Soto. Please read the Bill."
"Senate Bill 2583, a Bill for an Act concerning State Government. Third Reading of this Senate Bill."
"Representative Soto."
"Thank you, Speaker, and Members of the House. House… Senate Bill 2583 changes an existing task force, makes three main changes to the Task Force on Chronic Disease, Prevention, and Health Promotion. It removes the mandated time frame within which the Task Force must meet, adds one member to the Task Force and changes the deadline by which the Task Force must submit recommendations to this General Assembly. And I ask for an 'aye' vote, please. Thank you."
"Lady moves for the passage of the Bill. Those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please take the record. On this question, 109 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House 09600130.doc 63 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 Bill 2630, Representative Holbrook. Please read the Bill. I'm sorry, Senate Bill 2630. Please read the Bill."
"Senate Bill 2630, a Bill for an Act concerning electronic records. Third Reading of this Senate Bill."
"Mr. Holbrook."
"Thank you. Senate Bill 2630, as amended, creates the Electronic Records Advisory Board. I know of no opposition to this Bill."
"Gentleman moves for the passage of the Bill. Those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Golar, Jackson. Please take the record. On this question, 109 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 2635, Representative Reitz. Out of the record. Senate Bill 3030, Representative Beiser. Please read the Bill."
"Senate Bill 3030, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
"Mr. Beiser."
"Thank you, Mr. Speaker. This is an initiative of the Association of State's Attorneys. And basically it makes it aggravated assault when you use a vehicle to attempt to knowingly trying to hurt an individual. What it does, like I said, it makes it aggravated assault, it makes it a Class IV felony. If it involves a police officer, or a fireman, or a police volunteer, private security officer, it will make it a Class III felony. It passed out of the Senate 09600130.doc 64 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 unanimously, out of the Judiciary Committee unanimously. And I'd appreciate an 'aye' vote. I'd answer any questions."
"The Gentleman moves for the passage of the Bill. Those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Collins, Hoffman. Please take the record. On this question, 108 voting 'yes', 1 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3039, Representative Bellock. Out of the record. Senate Bill 3061, Representative Miller. Please read the Bill."
"Senate Bill 3061, a Bill for an Act concerning professional regulation. Third Reading of this Senate Bill."
"Mr. Miller."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 3061 allows… changes the Dental Practice Act to allow the Department of Financial and Professional Regulation to issue a temporary permit, in certain circumstances, to a dentist or a hygienist licensed in the State of Illinois to provide free dental… that prov… who will provide free dental services. The Amendment also makes sure that the… the dentist and hygienist comes from an accredited dental institution. I ask for a favorable vote."
"The Gentleman moves for the passage of the Bill. There being no debate. Those in favor vote 'yes'; those 09600130.doc 65 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record. On this question, 109 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3091, Representative Tryon. Out of the record. Representative Yarbrough, Senate Bill 3134. Please read the Bill."
"Senate Bill 3134, a Bill for an Act concerning local government. Third Reading."
"Representative Yarbrough."
"Thank you, Mr. Speaker. Senate Bill 3134 is an initiative of the Village of River Forest to address their budget concerns. The village plans to ask voters to approve a new sales tax to a referendum, but would like to use the proceeds to help pay for village operations while revenues are low. Senate Bill 3134 allows a non-Home Rule municipality to use proceeds from the Retailers Occupational Tax Service Occupation Tax and Use Tax to pay for the municipality's operating cost. Pending voter approval through a referendum, Senate Bill 3134 will give municipalities the third option of using the funds to pay for the municipality's expenditures for five years. I'd be happy to answer any questions."
"Lady moves for the passage of the Bill. Those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Arroyo, Bellock, D'Amico, Lyons. Please take the record. On this question, there are 70 09600130.doc 66 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 voting 'yes', 39 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3266, Representative Yarbrough. Please read the Bill."
"Senate Bill 3266, a Bill for an Act concerning education. Third Reading."
"Representative Yarbrough."
"Thank you, Mr. Speaker. Senate Bill 3236 is a… modifies current law by providing school districts with the tools to prevent and address school violence. Senate Bill 3236 is not a new mandate, it comprehensively defines bullying for the first time in Illinois law. It provides clarification to existing mandates that'll be helpful to school districts. It'll establish a task force, and it will aid schools and address bullying without costing more dollars. I'd be happy to answer any questions."
"Lady moves for the passage of the Bill. Those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Bassi. Please take the record. On this question, there are 108 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3272, Representative Beaubien. Please read the Bill."
"Senate Bill 3272, a Bill for an Act concerning transportation. Third Reading."
"Representative Beaubien."
"Yes. Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is a Bill that amends the Vehicle Code. 09600130.doc 67 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 Requires the driver of a motor vehicle transporting a passenger… passenger who is unable, due to infirmity, illness, age to… they have to adjust and… and make sure that they're properly fastened in their seatbelt. Is not exempted from wearing a seatbelt to secure the passenger in a properly adjusted and fastened… properly fastened. This is supported by the Illinois State Police. It's a petty offense, it doesn't go on your driving record. It is no more than a $25 fine. Again, if the people are unable, due to illness, or age, not able to put the seatbelt on, you are now responsible to make sure that they are. Under the current law, if you have a passenger that doesn't have a seatbelt on, the passenger gets the ticket. Now, you as a driver will get a ticket, if you do not properly fasten someone who is unable to fasten their own seatbelt. I urge an 'aye' vote. There's no opposition, supported by the State Police."
"Gentleman moves for the passage of the Bill. On that question, the Chair recognizes Representative Rose."
"Thank you. Will the Sponsor yield?"
"Gentleman yields."
"Representative Beaubien, I appreciate what you're trying to do here, but my wife is an occupational therapist, and she deals with the developmentally disabled every day. Now, frankly, a lot of times that includes being at a… at a… not necessarily transportation, but in the home. People can become disturbed, they can become angry, they can fight, they can hit, they can do all kinds of things. Why would you be sticking somebody with a ticket, if at the end 09600130.doc 68 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 of the day, they simply unclick it. You know, you get in the car, you start driving and the person in the backseat unclicks it. Now, that driver gets a ticket?"
"Under this law, that would be the case. I suggest that the driver could pull over and refasten the seatbelt or the officer in charge could use some discretion and not issue the ticket."
"But… and I… now, outside of my wife, my district has more DDMI than any other district in the State of Illinois. I… I… people don't necessarily like to be restrained, and in fact, in some cases, the State of Illinois will cite you, as a practitioner, for unlawful restraint of a citizen who happens to be developmentally disabled. More to the point, is a practical matter, trying to restrain that person can cause great psychological trauma, and they become extremely agitated and violent and can actually end up hurting the worker. Representative Beaubien, please don't misunderstand, I very much support what you're trying to do here. I just don't think this is practical. And I appreciate you're bringing it, but I think I'll be voting 'no'. Thank you, Representative Beaubien."
"Thank…"
"Mr. Beaubien to close."
"So… I urge an 'aye' vote on this Bill. Thank you."
"Those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Pritchard, Sullivan. Please take the record. On this question, there are 82 voting 'yes', 27 voting 'no'. And this Bill having 09600130.doc 69 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 received the Constitutional Majority, is hereby declared passed. Senate Bill 3282, Representative Lyons. Please read the Bill."
Senate Bill 3282, a Bill for an Act concerning transportation. Third Reading."
"Mr. Lyons."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. On Senate Bill 3282 is identical to House… well, was identical to House Bill 5372 which I ran through committee, and didn't call on the floor. We ran the Senate Bill which had a couple of… of minor Amendments to it. But basically, what this does this creates an exemption for certain cargo tank trucks, which deliver propane during the winter months for heating. So, basically, it mandates that the trucks can't be more than 50 percent loaded to capacity with a gross weight maximum 32 thousand pounds. Has to have an operating gauge that proves that the truck is no les… no heavier than the 32 thousand pounds. The Amendments we put on it here in the House was basically, these are strictly for emergency heating purposes, to perfectly clarify that and also it requires that we do notify the township or the village if we're going to be using these roads for emergency propane delivery that we will notify them that the truck will be coming through. And will be adhering to the restrictions that we put in here. So, I certainly ask for your favorable consideration on a very worthy cause." 09600130.doc 70 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Gentleman moves for the passage of the Bill. And on that question, the Chair recognizes Representative Reis."
"Thank you, Mr. Speaker. First of all, inquiry of the Chair. Our…"
"State your inquiry, Sir."
"Our analysis isn't working, so if the Sponsor would allow us to ask a few questions?"
"Gentleman yields."
"Representative, did the Farm Bureau or anybody slip in on opposition to this?"
"We worked through a whole lot of Amendments to get everybody onboard. As far as I know, there is no known opposition to this at this point in time."
"Okay."
"The sponsors that I have on this thing for the… for this initiative were the Illinois Municipal League, the Illinois Propane Gas Association, the Illinois Association of County Engineers."
"Okay. 'Cause a lot of our fuel is hauled on these types of trucks, because we don't have the infrastructure…"
"I don't know of any…"
"…the pipelines."
"…I …every exemption we… every amendment we put on here, was on the request of somebody to make it more palatable to townships and villages and the Municipal League."
"Okay. Thank you. And this does not apply to small gas tanks for grills or anything?"
"It's for propane delivery during winter months only." 09600130.doc 71 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Okay."
"Emergency delivery."
"Thank you."
"Representative Golar."
"Thank you, Mr. Speaker. I would like the record to reflect that on Senate Bill 3272 that I would like to be noted as a 'no'."
"The record will reflect your intentions. Thank you. Representative Lyons to close."
"I appreciate your 'aye' vote."
"Those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Sommer, Wait. Please take the record. On this question, there are 106 voting 'yes', 2 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3313, Representative Beiser. Please read the Bill."
"Senate Bill 3313, a Bill for an Act concerning local government. Third Reading."
"Mr. Beiser."
"Thank you, Mr. Speaker. Senate Bill 3313 is an initiative of the Municipal League in the City of Mundelein. Basically, what it… current law allows for public officials to own one percent or less of mutual funds. When the law was written, the exchange traded funds were not in existence. This ob… this Bill will include exchange traded funds, so public officials will be able to 09600130.doc 72 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 own one percent or less of them. I'll be happy to answer any questions."
"The Gentleman moves for the passage of the Bill. And on that question, the Chair recognizes Representative Smith."
"Thank you, Mr. Speaker. I would like the record to reflect on Senate Bill 3272 that it was my intent to vote 'no'."
"The record will so reflect. There being no one who wishes to debate this Bill, those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Bost, Dugan. Please take the record. On this question, there are 84 voting 'yes', 25 voting 'no'. And this Bill, having received the Constitutional Majority, is here by declared passed. Senate Bill 3332, Representative Mendoza. Please read the Bill."
"Senate Bill 3332, a Bill for an Act concerning education. Third Reading."
"Representative Mendoza."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. Senate Bill 3332 provides that all sex education courses that discuss sexual intercourse shall teach pupils about the dangers associated with drug and alcohol consumption during pregnancy. In particular, the issue of fetal alcohol syndrome is a very serious one that costs the state millions and millions of dollars. This is an initiative meant to simply educate children and our teens while they're in their sex ed class, that… what the 09600130.doc 73 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 risks are associated with consuming alcohol, and drugs during pregnancy. I would ask for your favorable consideration, and be happy to answer any questions."
"Lady moves for the passage of the Bill. The Chair recognizes Representative Eddy."
"Thank you… thank you, Mr. Speaker. Would the Sponsor yield?"
"Lady yields."
"Thank you. Representative, maybe I missed this in Education Committee, but I guess I didn't because it didn't come through Education Committee?"
"Correct. It went to Health and Human Services… or Human Services Committee."
"Now, you know, in eight years that I've been in the General Assembly, normally, if you're going to bring something to the House Floor that deals with a mandate for schools, and the curriculum in schools, you might take the Bill through the Education Committee. Was there a reason?"
"Representative, I simply showed up to the committee that the Bill was assigned to. I don't sit in the Rules Committee, so… just followed my direction."
"Well, let me ask you this. Would you consider this to be a mandate on schools that's not funded?"
"I believe that it does not incur any kind of a unacceptable increase in funds. As a matter of fact, when the Illinois State Board of Education, who is taking a strong position this year on anything that even remotely could be associated as a mandate, that's why they're listed as opponents, but in committee, even they agreed that this 09600130.doc 74 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 is, while it could be considered an unfunded mandate, it is not something that even remotely begins to… to live in the vicinity of something that we cannot afford to do in our schools. Takes about 10 minutes to literally teach kids about the dangers of consuming alcohol or drugs during the pregnancy and it… given the amount of money that we spend as a state in dealing with the issue of fetal alcohol syndrome, it's, you know, it's… it's silly for us not to do this."
"Well, Representative, I think anybody could make that argument about their favorite un… unfunded mandate. I… I understand that this is something you believe in. I… I'm not saying you're wrong. I'm saying, though, this is unfunded. Our analysis shows the Chicago Public Schools, ED RED, LUDA, The State Board of Education, all being opponents of the legislation based on the nature of the mandate. Is that still accurate? Have you heard from them beyond their original opposition?"
"As a matter of fact, in committee, you know, the only peop…"
"Representative Mendoza will complete her answer, and Mr. Eddy will complete his questions. Representative."
"Thank you, Mr. Speaker. Representative Eddy, in committee the only people who spoke towards this Bill was the Illinois Board of Education, and again, they said that while they, you know, applaud the efforts that we're doing here, they're taking a strong position on all… anything that even remotely appears to be an unfunded mandate. 09600130.doc 75 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 They're the only opponents that I've heard of through out this entire process."
"Well, Representative, based on… on the fact that their analysis is correct and… and we're not paying school districts even close to the amount for the mandates that already exist, I would suggest that this is something that local school districts should take up on their own. And we do not need, especially this year, any suggestions from a Body that can't provide schools with the money they've already promised those schools. What business do we have to continue to pile on, when we can't send transportation and special education money to schools that they're owed now for over five or six months."
"Representative Bassi."
"Public schools in America today are expected to teach good nutrition habits, train students in pulmonary-coronary resuscitation, give specialized instruction for the hard of hearing, the blind, and the neurologically impaired. Treat the emotionally disturbed. Train the mentally retarded. Teach the gifted. Do eye testing. Give inoculations. Teach first aid procedures. Provide pregnancy counseling. Assist in disease prevention. Inculcate morals, ethics and values. Collect money to rebuild the Statue of Liberty. Stress the prevention of drug, alcohol and tobacco abuse. Help student develop political knowhow. Develop civic responsibility. Provide sex education. Provide suicide counseling. Maintain birth information, and age certification data. Provide instruction in good health care and AIDS prevention. Teach driver training. Provide civil rights and racial tolerance. 09600130.doc 76 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 Foster integration. Teach the principles of free enterprise. Provide career information, assist in career planning. Detect and report child abuse. Teach telephone manners and etiquette. Instruct in speed reading. Eradicate head lice, scabies, whooo, and other diseases. Assist in charity fund-raising. Provide vocational training. Build economic awareness. Serve hot lunches and breakfast. Dispense surplus milk, do job placement. Stress bicycle safety and pedestrian safety. Promote physical fitness. Assist with bilingual language development, counsel delinquents, foster metric education, Provide transportation. Teach consumer education. Counsel students with problems. Follow due process procedures. Protect student privacy. Provide computer literacy. Teach them to like broccoli and teach them the four food groups. Teach the pyramid. Teach humaneness and individual responsibility. Eliminate sex discrimination. Assist in bladder control. Develop an appreciation of other people and other cultures. Promote the uses of information. Develop the ability to reason, build patriotism and loyalty to the ideals of democracy. Promote an understanding of the heritage of our country. Build respect for the worth and dignity of the individual. Develop skills for entry into a specific field. Teach management of money, property and resources. Provide income tax counseling. Develop curiosity in a thirst for learning. Develop skills and the use of leisure time. Teach pride in work, build a feeling of self-worth or self-respect. Avoid religion and teach reading, writing and arithmetic. And that does not include 09600130.doc 77 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 the 79 mandates that we did last year alone. Please vote 'no'."
"Representative Bellock."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Lady yields."
"I think that if you had been in the Human Service Committee as Representative Mendoza presented this Bill, this Bill is, Representative Mendoza, included within the sex education course that's mandated. So, I think the discussion in the committee was, even though it could be perceived as a mandate, even the man from the state board said that it was something that was included within the sex education course, that if your school gives that, it would be included. And there are several other things including AIDS prevention and different things like that… that are included in the sexual education course. Is that correct?"
"That is correct. We're not creating a new program here. The sexual education course is already being provided. This would be one additional point of information that the students would receive about the dangers associated with drinking during a pregnancy."
"Thank you very much. Just to the Bill. I know that I support no new mandates. I supported Roger Eddy's Bill. But in this case, on this, I see this as a… just a small provision within that sex education course. And yesterday, we had testimony before the Human Service Appropriation Committee, by a captain of a police force, telling us that alcohol and substance abuse was now the number one issue 09600130.doc 78 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 over all other accidents and other fatalities with young people. So, this to be included within the sex education course, to prevent the fetal alcohol syndrome of children, of unborn children, I think is extremely important for young people to learn that because I think they don't have an opportunity anywhere else to learn about the fetal alcohol syndrome. Thank you."
"Mr. Ramey."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Lady yields."
"Thank you. Representative, in this proposal that you're saying is that you want to talk about the affects of alcohol after… and drugs after a pregnancy has occurred, correct?"
"It would be during a pregnancy. These are the dangers and the risks associated with…"
"Well, that means the pregnancy has occurred, so it's during…"
"Right. Correct."
"…or after it has occurred. So, I… Okay."
"During… Well, it could be before the… we would hope… we would hope that the children…"
"That's my question. In the classroom, are they talking about the drug and alcohol use that may lead to a pregnancy?"
"Well, okay. The drug and alcohol education here would be about the dangers associated with drinking alcohol, consuming drugs during a pregnancy. We're not assuming that every child who's going to be getting this education 09600130.doc 79 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 is going to be pregnant during the course of their high school career. We're hoping that these students make wise choices. The more information and the more concrete information we give them about the dangers associated with bad choices, the better. This simply adds one more element to a sexual education course, which will hopefully include issues of abstinence and other things that are important toward the health and sexual well being of our students."
"Correct. And that's what's also stated here. But I guess my problem is… is they're making the assumption that the pregnancy has already occurred. And that's what we're…"
"We're not making that assumption, Representative."
"But it's… it's… that's what it's saying. Don't drink or don't use drugs, when you're pregnant."
"Ever. So, we're not assuming that because we teach you not to drink and use drugs during a pregnancy that that means you're going to get pregnant during your high school career. Students should learn that in high school so that when they're in their twenties or thirties or choose to get pregnant, plan to get pregnant, they understand the risk associated with getting pregnant and drinking alcohol."
"Are there not already commercials on this information?"
"I think, again, the more information we provide our students, at the access point of education, the better."
"Okay. To the Bill. I… I would urge a 'no' vote. I… I see this as another unfunded mandate, as…"
"Mr. Ramey, bring your remarks to a close, Sir." 09600130.doc 80 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Thank you, Mr. Speaker. As proposed by the previous speaker. Thank you."
"Representative Schmitz."
"Thank you, Speaker. Could you please excuse Representative Cross from voting today."
"That will be done. Representative Mendoza to close."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I appreciate the spirited debate. I would just simply add that the cost associated with not educating society and our students about the dangers associated with these bad behaviors of alcohol and drug consumption during pregnancy, will specifically leads us to spend much more money than we ever should have, and will also increase our rolls of special education. That's just a given. So, I think it's a wise investment on our part to educate our students now and I would ask for your support. Thank you."
"Those in favor of the Bill shall vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mulligan, Turner. Mr. Clerk, please take the record. On this question, there are 77 voting 'yes', 29 voting 'no' and 2 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3334, Representative Farnham. Please read the Bill."
"Senate Bill 3334, a Bill for an Act concerning revenue. Third Reading."
"Mr. Farnham." 09600130.doc 81 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Thank you, Mr. Speaker and Members of the House. Senate Bill 3334 requires the County Board of Review, the Property Tax Appeal Board, and the Department of Revenue to consider short sales and foreclosures in determining property assessments and equalization factors. I'd entertain any questions."
"The Gentleman moves for the passage of the Bill. Chair recognizes Representative Reis."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields."
"We got a couple calls from our County Supervisors of Assessments, Representative, and they feel that there's not been enough foreclosures due to the financial crisis to make an accurate study of this yet. How would you respond to that?"
"Well, I would say in my particular district, my area, there are certainly neighborhoods that have had significant foreclosures and short sales and this would have a significant impact there."
"Well, I understand your area is much, much different than ours and I don't know that we've had the foreclosures. I think they're a little concerned that this is too broad and in too encompassing that they're just not ready for this yet, to be implemented in a big area. And I had to admit to them, I hadn't read the Bill, and I didn't know when you were going to be calling it. So, I guess, who came to you with this, and what was the genesis of what you're wanting to do?" 09600130.doc 82 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Well, my feeling on this Bill is that it addresses reality in our neighborhoods and in… I mean, if the short sales and the value of our properties is dropping, we need to be able to take that into consideration. If it's foreclosures, we need to be able to take that into consideration. If you're buying a property from a bank and it's being sold for, say… let's say three hundred thousand dollars and you're being taxed on a million dollars, you ought to be able to take that into consideration. So, that's really the genesis of this is to treat reality as reality."
"Okay. I… I'm going to continue to listen to…"
"Mr. Reis, please bring your remarks to a close."
"Thank you, Mr. Speaker. I'll continue to listen to the debate if there is any. Like I said, I just got a couple of emails on this… this week. So, thank you, Representative."
"Mr. Sullivan."
"Thank you, Mr. Speaker. To the Bill. I… I rise in support of this Bill. I have been working with the Department of Revenue to try and have this included for several years. There's a couple of things that are going on in the… in the current home… home market that you're seeing, you're seeing many foreclosures. The past practice is not been al… to allow assessors, such as myself, to use these in our calculations. So, in essence, what you see is severely depreciating home values yet as an assessor, I can't track some of these things. When the typical property in a lot of suburban markets, anyways, these types 09600130.doc 83 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 of sales are the market, but we're not able to use them. And so, the numbers that we're putting out there, as assessed values, do not reflect true market conditions. Now, we're always going to be a little bit behind, because of the three-year statute… the three years level of assessments that we have to do, but to the previous speaker's point, if you don't have a lot of these sales, they do not affect how the assessed values are done tremendously as it is because when you do everything on a median level of assessment, the outliers, these types of sales, will not affect the overall assessment. When you have lots of these assessments, they do start to change the median, and that's why we would like to have these included. Now, we probably missed the boat on a lot of the problems that have happened by this not starting for another year down the line, but at least we're going to be able to start the process of bringing these sales… these assessed values, into line with true market conditions. We can never potentially be there at market at that point in time, but with this inclusion, with this law we'll start to make a better understanding and… and explain it better to our… our constituents on why their assessed value is where it is. So, I… I certainly would support it, an 'aye' vote."
"Mr. Franks."
"Thank… thank you, Mr. Speaker. To the Bill. I was just about to make the exact same points as the previous speaker, so I won't belabor those. I think this is really necessary and I can tell you what I've seen in our county. 09600130.doc 84 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 What oftentimes what happens is there's a disincentive to do short sales, and in… and then oftentimes, as a result, goes to foreclosure, and if one would buy the property from the bank, one would then not get the new assessed valuation. The only way you could do it is through buying it from the original seller. I think the Sponsor's correct, Mr. Farnham, this is a way to address reality. The previous speaker is correct as well. This will help those who have been harmed with the foreclosure and short sales. And I encourage an 'aye' vote."
"Those in favor of the Bill shall vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Colvin. Please take the record. On this question, there are 105 voting 'yes', 0 voting 'no', 3 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3359, Representative McAsey. Out of the record. Senate Bill 3372, Representative Mautino. Out of the record. Senate Bill 3386, Representative Careen Gordon. Please read the Bill."
"Senate Bill 3386, a Bill for an Act concerning civil law. Third Reading."
"Representative Gordon." Gordon, C.: "Thank you, Mr. Speaker. Ladies and Gentlemen, 3386 is an initiative of the State Bar Association and several judges around the state. It deals with the jurisdiction to proceed on a petition for changing of petition for the appointment of a guardian of a minor and 09600130.doc 85 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 how fitness is defined and how guardianship can be terminated. There's several factors. It… there's… there've been situations that have come… come up in court around the state. I'd be happy to discuss all those termination factors. I'd be happy to answer any questions. I would ask for an 'aye' vote. There's no one that's against this. And the State Bar Association has worked very hard. It came through one of their committees. Their experts have gone over it. It was discussed in the Civil Law Committee. And I would ask for an 'aye' vote."
"Lady moves for the passage of the Bill. On that question, the Chair recognizes Representative Thapedi."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Lady yields."
"Representative, you indicated that there were certain factors. Would you please outline those factors for us please 'cause I'm concerned about legislative intent?" Gordon, C.: "Yes, Representative. There… first of all, it begins with whether or not, if the parent has voluntarily relinquished physical custody of… of a minor. Initially, after receiving notice of the hearing, if the parents fail to object to the… fail… appointment of… of the hearing at the petition, then the parents consent to the appointment, or if they're a personal appearance in court, they don't have to give written notice because they've given consent by being in open court. That explands the law because they're already in court or the guardian of the morn… the minor is appointed by the court of competent jurisdiction. Also, in a petition to terminate guardianship, it would 09600130.doc 86 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 have… if the… in determing the minor's best interest, the court must determine it… determine all the relevant factors, with the interaction and in a relationship with the minor, with the parent, and members of the parents household, the ability of the parent to provide a safe and nurturing environment of the minor, the relative stability of the parents and the minor, the minor's adjustment to his or her home school and community, including the length of time that the minor has lived with the parent and the guardian, the nature and extent of visitation between the parent and the minor and the guardian's ability and willing… willingness to facilitate visitation. Right now, the only way that guardianship can be terminated under the probate act, is that the minor reaches the age of majority and there's no way… there's no other way to terminate guardianship. And there's two different ways… the two different… there's two different standard…"
"Representative Gordon, will you complete your answer, and then we'll extend Representative Thapedi an additional minute." Gordon, C.: "The only way for the court… I mean, not just dischange… discharge the guardian and terminate the guardianship, if the guardian establishes, by clear and convincing evidence, that the termination of the guardianship would not be in the best interest of the minor, but if the parent, whose… if they want to terminate the parental rights, that's by preponderance of the evidence. So, there are two different standards as well." 09600130.doc 87 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"So, would this be done by motion or how exactly would the process move forward? It's for…" Gordon, C.: "They have to file a petition. Each party would have to file petitions of… under the probate act."
"Must it be a verified petition?" Gordon, C.: "Yes."
"Thank you, Representative."
"Chair recog… The Lady moves for the passage of the Bill. Those in favor shall vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 108 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Nekritz."
"Thank you, Mr. Speaker. As you all in the chamber know, the State of Illinois has a great partnership with the State of Missouri as we promote passenger rail through… from the Chicago to the St. Louis line, and then from St. Louis on… on to Kansas City. And I'm honored to intro… to welcome to the floor today, four… well, three Legislators and one former Legislator from the State of Missouri. My good friend, Representative Charlie Schlottach, who is… was a former chair of the Midwest Interstate Passenger Rail Commission, and my predecessor in that position. Rick Stream, from St. Louis County, J.C. Kuessner, and then Wayne Henke. So, welcome all, and we look forward to continuing to bring that great rail service that we know we need to Illinois and Missouri." 09600130.doc 88 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Welcome to the Illinois House. Senate Bill 3372, Representative Mautino. He's read… please read the Bill."
"Senate Bill 3372, a Bill for an Act concerning criminal law. Third Reading."
"Mr. Mautino."
"Thank you. 3372 is an initiative of the State's Attorneys Appellate Prosecutor's Act. The language in here has been brought forward by their board of governors. It impacts the terms and elections of the board members, restrictions on full-time personnel, and hiring of investigators. Basically, the State Police do their investigating… do the investigations no. They don't need those positions on the investigators; they've asked us to make that change in their statute. Be happy to answer any questions."
"The Gentleman moves for the passage of the Bill. Those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please take the record. On this question, 108 voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3464, Representative Rita. Mr. Rita. Out of the record. Senate 3494, Representative Phelps. Out of the record. On page 4 of the Calendar appears Senate Bill 3290, Representative Pritchard. Please read the Bill."
"Senate Bill 3290, a Bill for an Act concerning public aid. Third Reading."
"Mr. Pritchard." 09600130.doc 89 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, this Bill deals with the Health and Human Service Agency, or Health and Family Service Agencies billed to increase operational efficiencies by establishing a revolving fund for paying dental payments. This has to do with a size of deposits that are kept, and the fact that we're using an outside vendor to manage this money and the claims and the validation of the claims. And under current practice, unless we call this a government account, we do not have the FDIC insurance. So, this is trying to correct that problem. It does not create any new funds or any new tax. Thank you."
"The Gentleman moves for the passage of the Bill. The Chair recognizes Representative Schmitz. For what reason do you rise, Sir?"
"Thank you, Speaker. Can you please excuse Representative Coulson."
"The record will so reflect. There being no one wishing to debate this Bill, those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Chapa LaVia, Lyons, Myers. Please take the record. On this question, there are 106 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 5 of the Calendar appears Senate Bill 3692, Representative Joyce. Please read the Bill."
"Senate Bill 3692, a Bill for an Act concerning local government. Third Reading." 09600130.doc 90 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Mr. Joyce."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 3692 would set up a process for municipalities outside of the City of Chicago to… if they were going to issue nonresidential franchises for garbage collection, they would have to actually have an RFP. They would provide notice… 30-days' notice to customers, and hold a hearing on that RFP and give 30… 30-days' notice of that hearing. There's no process in place right now for an RFP for franchising of garbage collection to nonresidential communities. So, I… residential customers. So, I'd be hap… be happy to answer any questions."
"Gentleman moves for the passage of the Bill. Those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Reitz. Please take the record. On this question, 105 voting 'yes', 1 voting 'no', 1 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3635, on page 5 of the Calendar, Representative Chapa LaVia. Out of the record. On page 4 of the Calendar, Senate Bill 3509, Representative Saviano. Please read the Bill."
"Senate Bill 3509, a Bill for an Act concerning professional regulation. Third Reading."
"Mr. Saviano."
"Thank you, Mr. Speaker. I think we moved… I think there's been an Amendment filed. I think we move… have to move it back to Second, please." 09600130.doc 91 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"At the re… at the request of the Sponsor, please move the Bill back to Second Reading. Mr. Clerk, please… Please read the Bill on Second Reading, Mr. Clerk."
"Senate Bill 3509, it's been read a second time previously. Floor Amendment #1 has been approved for consideration."
"Mr. Saviano."
"Thank you, Mr. Speaker, Members of the House. Floor Amendment #1 clarifies some of the language on what health care professionals actually put on their… on their badge, or their name… their nameplate. We wanted to make sure that in the health care setting that patients and people who are in facility are aware of what the profession is that the person… of the person that's treating them. It’s a clarification. And I ask that Floor Amendment #1 be adopted."
"The Gentleman moves for the adoption of the Amendment. Those in favor say 'yes'; those opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions filed."
"Third Reading. Page 5 of the Calendar, Senate Bills-Third Reading, appears Senate Bill 3590, Representative Sente. Please read the Bill."
"Senate Bill 3590, a Bill for an Act concerning State Government. Third Reading."
"Representative Sente."
"Thank you, Speaker, Members of the Legislature. This legislation amends the Illinois Act on Aging. The purpose 09600130.doc 92 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 of this Bill is to increase the effectiveness of the Department of Agents… Aging, excuse me, Community Care Program. It makes sure the determination of need tool reflects the long-term care service needs of individuals 60 years or older, specifically for Alzheimer's and related forms of dementia. So, you know the Community Care Program was established in '79 to prevent unnecessary instill… insta… institutionalization of senior 60 and older with the idea of providing services they need, such as home care aide, home-delivered meals, et cetera. Proponents for this Bill include the Health Care Council of Illinois, Alzheimer's Association of Illinois, and AARP. The Department of Aging is neutral. I'm happy to take questions."
"The Lady's moved for the passage of the Bill. There being no debate, those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Rose. Mr. Clerk, please take the record. On this question, 107 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Will Davis, for what reason do you rise, Sir?" Davis, W.: "Mr. Speaker, at the appropriate time, I have a question regarding the schedule that's been passed out."
"You may state your question now, Sir." Davis, W.: "State… state the question now?"
"Go ahead, Sir." 09600130.doc 93 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 Davis, W.: "I was looking at what's listed as we come in at… on the 27th, Tuesday of next week, and we have apparently Session scheduled through Sunday, May 2nd. On the original Calendar, we're scheduled through May 7th. So, does that mean that there might be a break after that Sunday or should we be prepared to come to stay 'til May 7th?"
"It would be the request of the Chair, that you, stay, to prepare, to be here through the 7th and beyond, if necessary." Davis, W.: "Okay. Thank you."
"Thank you, Sir. Senate Bill 3592, Representative Froehlich. Please read the Bill."
"Senate Bill 3592, a Bill for an Act concerning transportation. Third Reading."
"Mr. Froehlich."
"Thank you, Mr. Speaker, and Ladies and Gentlemen. This Bill simply acts… asks IDOT to conduct a study of township road districts in the Chicago area counties and to report back to the General Assembly by the end of the year. That's it. I'd ask for an 'aye' vote."
"The Gentleman moves for the passage of the Bill. And on that question, the Chair recognizes Representative Reboletti."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative Froehlich, what will this cost the Illinois Department of Corrections to complete this study?"
"This is IDOT not… not IDOC. Did you say…"
"IDOT, I said." 09600130.doc 94 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"Yep. I… I don't know, but I think this data is already pretty… pretty available. I… I… at least most of it, I think, they already have a handle on."
"And… and the purpose of this is to ascertain how much townships roads we all have in… within our townships, or within our counties? Is that the… is that the purpose of this?"
"Yeah. I mean, that's what the report would consist of, that and the cost involved."
"Well, I… I understand that, but don't we already give motor fuel tax to the townships based on how many… the mileage that they already take care of?"
"Yes. And some townships do qualify and some don't. That's why I'm saying, I think this data is not going to be very difficult to produce."
"Thank you."
"Representative Riley."
"Will the Sponsor yield?"
"Gentleman yields."
"Representative, I… I think in a way you sort of answered my question. This information already exists. This information already exists. All townships have this. Aren't there other mechanism where this can just be garnered from the township rather than IDOT commissioning a study to get something that already exists and… and frankly, that's already reported."
"Well, I'm not sure if all of this data is listed. There… the study would ask for the tax levy for each and the… the costs incurred in each road district. So…" 09600130.doc 95 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"But… but Representative, isn't this already in the public domain?"
"…Yeah. It is… it is. I don't know that it's been gathered together in one place. As you know, there's more than 1400 townships in the state."
"That's true. That's true. That… that's a statement of fact, but I… I guess my… my point is, since this information is already in the public domain, and since it's already reported, I mean, road districts are taxing bodies. So, it's already there. Isn't it sort of duplicative to ask IDOT to do a study of something that already exists and maybe could be gotten in another… in another means? That… that's… that's just my question."
"Well, I… I think you're right that the… this… this data is not otherwise unobtainable. Although, if you had, as an individual, if you had to call each township, it would probably take an individual quite a bit of time. If you had a study that listed it all, you'd have a better opportunity to compare what's happening around the Chicago area."
"Representative, I know that this is a Senate Bill, but what's… what's the genesis behind this piece of legislation?"
"Well, as we discussed it in committee, I… I did talk to Senator Bond and asked him that…"
"Please bring your remarks to a close."
"Yes. Senator Bond indicated he wanted to have this information. He talked about some Lake County issues, and as I understood it, wants to see if there might be 09600130.doc 96 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 opportunities for some economies of scale when it comes to road maintenance."
"Thank you."
"Mr. Fortner."
"Thank you, Speaker. Will the Sponsor yield?"
"Gentleman yields."
"I… I think I share some of the concerns previously expressed that this does seem very duplicative to me, in the sense that I know as recently as a year and a half ago I put a request to… to our LRU, and said, could you look into the question of the motor fuel tax distribution to the counties. And they were able to provide me all that data, in relatively short order. So, it seems to be that data really is there. And I… I just don't know if any… if maybe on the Senate side, or whether or not you had a chance to inquire whether or not that data was there by other means already."
"Well, I… certainly some of it is readily available. Whether, each…"
"But I got… I got the whole state."
"Yeah, yeah. But I mean, did you get the tax levy for each? And…"
"I… I got… I got the amount of motor fuel tax, not the property tax levy, but I… that was not my question…
"Right."
"…but I asked what the MFT was to each and every county based on road miles to their townships, and I got that data." 09600130.doc 97 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"And again, I… that's why I say I doubt that there'll be a whole lot of cost and effort entailed in preparing this report. I think the information won't be that hard to… to ferret out. It may exist in various locations already."
"Okay. I just… it just seems like it's a repeative effort that's already out there. Thank you."
"Representative Boland."
"Thank you, Mr… thank you, Mr. Speaker. I rise in support of the Bill. The only thing I would say in opposition to it is the fact that it doesn't cover the whole state. We really need a state study of all the township road districts to find out what exactly are the tax levies, how much money are they spending, what are they spending it on. To gather that individually, even in the Metro area that Representative Froehlich is talking about, would be quite an effort, and really, this is something that should be all put together in one booklet or one study that people can look at. We know that all areas of government, the state, the local governments, are all in financial crisis now. They're all facing tough times. We need to look for efficiencies every single place we can. I know in my township, we have a road commissioner, and it takes 55 miles for that individual to drive over the less than 10 miles of township road to take care of it. So, there may be efficiencies. We ought to be looking at a possibility of turning over some of this to counties, to municipalities, in those circumstances where there are great inefficiencies. We have to protect the taxpayers, 09600130.doc 98 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 especially in this time where they're being faced with the choice between either raising taxes or cutting essential services. So, whatever we can do and whatever we can learn in this regard that can help…"
"Please… have you completed your remarks, Mr. Boland? Mr. Froehlich to close."
"I'd ask for an 'aye' vote."
"Those in favor shall vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Golar, Howard, Tryon, Walker. Please take the record. On this question, there are 71 voting 'yes', 35 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Members, I want to thank you for your cooperation today. We worked on over a hundred Bills in two and a half hours. And we have passed forty Bills during this period of time, very good work. Mr. Clerk, Adjournment Resolution."
Clerk Mahoney: "Senate Joint Resolution 125, 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 Friday, April 23, 2010, they stand adjourned until Tuesday, April 27, 2010 at 12:00 noon."
"Representative Currie moves for the adoption of the Adjournment Resolution. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have 09600130.doc 99 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010 it. And the Adjournment Resolution is adopted. Mr. Clerk, Agreed Resolutions."
"On the Order of Agreed Resolutions is House Resolution 1157, offered by Representative Coulson. House Resolution 1158, offered by Representative Ramey. House Resolution 1160, offered by Representative Sente. And House Resolution 1161, offered by Representative Sente. And House Resolution 1162, offered by Representative Turner."
"Representative Currie moves for the adoption of the Agreed Resolutions. All in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Agreed Resolutions are adopted. The Chair recognizes Representative Flider."
"Yes, thank you, Mr. Speaker. Just an announcement. For Members of the Energy & Environment Committee, Electric Generation & Commerce, and Renewable Energy, there will be a subject matter hearing at 10 A.M. on Tuesday in Room 413. And the subject will be renewable energy as it's being used on the campus of Lake Land College. I think it's a presentation that's worthwhile to see. It represents the wave of the future and I hope that you'll be able to attend. Thank you."
"And now, Representative Currie moves, allowing for perfunctory time for the Clerk, that the House do stand adjourned until Tuesday, April 27, 12 noon. Those in favor say 'yes'; those opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the House is adjourned." 09600130.doc 100 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 130th Legislative Day 4/23/2010
"House Perfunctory Session will come to order. Introduction of Resolutions. Senate Joint Resolution 122, offered by Representative Phelps. First Reading of Senate Bills. Senate Bill 2995, offered by Representative Tracy, a Bill for an Act concerning public employee benefits. There being no further business, the House Perfunctory Session will stand adjourned." 09600130.doc 101