"Good morning, Illinois. Members are asked to please be at their desks. We shall be led in prayer today by Pastor Randy Williams, who is with the Glen Oak Christian Church in Peoria, Illinois. Pastor Williams is the guest of Representative Jehan Gordon. Members and guests are asked to please refrain from starting their laptops, turn off all cell phones and pagers. And our guests in the gallery I ask to please rise and join us in the invocation and the Pledge of Allegiance. Pastor Williams."
"It's good to be here today to share with you. One of my practices in prayer is to hold my hands open. I do that because I want to receive all that God has for me and I find that it's much better than praying with my fists clenched. Let us join together in prayer. Holy Lord, Holy God, You are amazing. It is You that have created this day that we share, this beautiful day here in central Illinois. We pray that we experience Your presence among us just now, that we experience Your presence among us boldly. We thank You, Lord, for all the ways that You love us, for all the ways that You encourage us. You are the one who knew us before we were born. You have known us all the days of our lives. You have given us this possibility to be together just now. It is Your power at work in us who believe that makes the difference, the kingdom difference, the possibility difference, the hopeful difference and that's what we want. We have always wanted to have our lives count for something of significance and so, we pray together here is this Legislative Body, we pray that Your 09600132.doc 1 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 spirit might direct all that we do, that You might call us to a new day, that You might call us to a new day where we're able to hear better than we heard yesterday, that we're able to hear each other with sensitivity and compassion. We're able to hear Your direction and Your nuance, Your hope breaking forth among us as we debate issues that are often divisive. We pray, Lord, that Your spirit work among us in this room, that Your spirit help us feel Your love anew. We pray for those that are dealing with special issues of grief for lost loved ones, that healing might come, for the grief of… of the kind of things that have occurred in the national press about Illinois politics, grief about what You have done and grief about what You haven't done, and hope for Your will to be done in us. We pray, Lord, for a new sensitivity and a new compassion. We pray that You show us the way to live for You in all that we do. And we say these things confidently, confidently in the name that has drawn us together, the Holy One, Amen."
"Representative Mike Zalewski, would you and your beautiful, darling daughter please lead us in the Pledge."
"I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
Speaker Lyons: "Roll Call for Attendance. Majority Leader Barbara Flynn Currie, Democrats." 09600132.doc 2 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Thank you, Speaker. Please let the record reflect the excused absence of Representative Washington."
Speaker Lyons: "Thank you, Representative. Representative Bost, the status of the GOP."
"Thank you, Mr. Speaker. Let the record reflect that Representative Jerry Mitchell and Sid Mathias are excused today and all the rest of us are present and ready to do the work of the people."
"Thank you, Representative. Mr. Clerk… take the record, Mr. Clerk. There's 115 Members responding to the Roll Call, we have a quorum and are prepared to do the business of the State of Illinois. Mr. Clerk."
Clerk Mahoney: "Committee Reports. Representative Beiser, Chairperson from the Committee on Transportation, Regulation, Roads & Bridges reports the following committee action taken on April 27, 2010: recommends be adopted is House Joint Resolution 114. Representative Burke, Chairperson from the Committee on Executive reports the following committee action taken on April 27, 2010: do pass as amended Short Debate is Senate Bill 375. Representative D'Amico, Chairperson from the Committee on Vehicles & Safety reports the following committee action taken on April 27, 2010: recommends be adopted is House Resolution 1090. Representative Phelps, Chairperson from the Committee on Agriculture & Conservation reports the following committee action taken on April 27, 2010: recommends be adopted is House Joint Resolution 105; recommends be adopted as amended is House Resolution 1000. Representative Howard, Chairperson from the Committee on Judiciary II- 09600132.doc 3 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 Criminal Law, reports the following committee action taken on April 27, 2010: do pass Short Debate is Senate Bill 3389; recommends be adopted is House Resolution 1081. Representative May, Chairperson from the Committee on Environmental Health reports the following committee action taken on April 27, 2010: do pass Short Debate is Senate Bill 3346. Representative Monique Davis, Chairperson from the Committee on Financial Institutions reports the following committee action taken on April 27, 2010: do pass Short Debate is Senate Bill 3781; recommends be adopted is House Resolution 967. Representative Smith, Chairperson from the Committee on Elementary & Secondary Education reports the following committee action taken on April 27, 2010: do pass Short Debate is Senate Bill 3117; recommends be adopted is House Resolution 1006. Representative Soto, Chairperson from the Committee on Labor reports the following committee action taken on April 27, 2010: do pass Short Debate is Senate Bill 2497; recommends be adopted is House Resolution 1046. Representative Holbrook, Chairperson from the Committee on Environment & Energy reports the following committee action taken on April 27, 2010: do pass as amended Short Debate is Senate Bill 2556. Representative Jakobsson, Chairperson from the Committee on Human Services reports the following committee action taken on April 28, 2010: do pass Standard Debate is Senate Bill 2863; do pass as amended Standard Debate is Senate Bill 731; recommends be adopted is House Resolution 971, House Resolution 1074, House Resolution 1143 and House Joint Resolution 111; recommends be adopted as amended is House Resolution 1073. 09600132.doc 4 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 Representative Franks, Chairperson from the Committee on State Government Administration reports the following committee action taken on April 28, 2010: do pass Short Debate is Senate Bill 3215; recommends be adopted is House Resolution 1002, House Resolution 1056, House Resolution 1061 and House Joint Resolution 73; recommends be adopted as amended is House Resolution 1049. Representative McAuliffe, Chairperson from the Committee on Veterans' Affairs reports the following committee action taken on April 28, 2010: recommends be adopted is House Resolution 1018 and House Resolution 1065. Representative Reitz, Chairperson from the Committee on Health Care Licenses reports the following committee action taken on April 28, 2010: do pass Short Debate is Senate Bill 3712. Representative Boland, Chairperson from the Committee on Higher Education reports the following committee action taken on April 28, 2010: do pass Short Debate is Senate Bill 2548. Representative Fritchey, Chairperson from the Committee on Judiciary I-Civil Law reports the following committee action taken on April 28, 2010: do pass Short Debate is Senate Bill 3733. Representative Monique Davis, Chairperson from the Committee on Financial Institutions reports the following committee action taken on April 28, 2010: do pass as amended Short Debate is Senate Bill 2996. Representative Holbrook, Chairperson from the Committee on Environment & Energy reports the following committee action taken on April 28, 2010: do pass as amended Short Debate is Senate Bill 3320. Representative Beiser, Chairperson from the Committee on Transportation, Regulation, Roads & 09600132.doc 5 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 Bridges reports the following committee action taken on April 28, 2010: do pass as amended Short Debate is Senate Bill 2969 and Senate Bill 2716. Representative Bradley, Chairperson from the Committee on Revenue & Finance reports the following committee action taken on April 28, 2010: do pass Short Debate is Senate Bill 3446; do pass as amended Short Debate is Senate Bill 2534, Senate Bill 3661 and Senate Bill 3710. Referred to the House Committee on Rules is House Resolution 1171."
"Mr. Clerk on House Resolution 1172."
"House Resolution 1172, offered by Representative Turner. WHEREAS, The members of the Illinois House of Representatives are pleased to recognize and honor the upcoming 80th anniversary of the founding of the National Pan-Hellenic Council, Incorporated; and WHEREAS, The National Pan-Hellenic Council, Incorporated (NPHC) is currently composed of nine International Greek letter Sororities and Fraternities: Alpha Phi Alpha Fraternity, Inc., Alpha Kappa Alpha Sorority, Inc., Kappa Alpha Psi Fraternity, Inc., Omega Psi Phi Fraternity, Inc., Delta Sigma Theta Sorority, Inc., Phi Beta Sigma Fraternity, Inc., Zeta Phi Beta Sorority, Inc., Sigma Gamma Rho Sorority, Inc., and Iota Phi Theta Fraternity, Inc.; NPHC promotes interaction through forums, meetings, and other mediums for the exchange of information and engages in cooperative programming and initiatives through various activities and functions; and 09600132.doc 6 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 WHEREAS, On May 10, 1930, on the campus of Howard University, in Washington D.C., the National Pan-Hellenic Council was formed as a permanent organization with the following charter members: Omega Psi Phi and Kappa Alpha Psi Fraternities and Alpha Kappa Alpha, Delta Sigma Theta, and Zeta Phi Beta Sororities; in 1931, Alpha Phi Alpha and Phi Beta Sigma Fraternities joined the Council; Sigma Gamma Rho Sorority joined in 1937 and Iota Phi Theta Fraternity completed the list of member organizations in 1997; and WHEREAS, Early in 1937, the organization was incorporated under the laws of the State of Illinois and became known as "The National Pan-Hellenic Council, Incorporated"; since its founding on December 4, 1906, Alpha Phi Alpha Fraternity, Inc., has supplied voice and vision to the struggle of African-Americans and people of color around the world; and WHEREAS, Alpha Phi Alpha, Fraternity, Inc., the first intercollegiate Greek-letter fraternity established for African-Americans, was founded at Cornell University in Ithaca, New York by seven college men who recognized the need for a strong bond of Brotherhood among African descendants in this country; the visionary founders, known as the "Jewels" of the Fraternity, are Henry Arthur Callis, Charles Henry Chapman, Eugene Kinckle Jones, George Biddle Kelley, Nathaniel Allison Murray, Robert Harold Ogle, and Vertner Woodson Tandy; and WHEREAS, The Fraternity initially served as a study and support group for minority students who faced racial prejudice, both educationally and socially, at Cornell; the 09600132.doc 7 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 Jewel founders and early leaders of the Fraternity succeeded in laying a firm foundation for Alpha Phi Alpha's principles of scholarship, fellowship, good character, and the uplifting of humanity; and WHEREAS, Founded on the campus of Howard University in Washington, D.C. in 1908, Alpha Kappa Alpha Sorority, Inc., is the oldest Greek-letter organization established by African-American college-trained women; to trace its history is to tell a story of changing patterns of human relations in America in the 20th century; and WHEREAS, After the organization's establishment over a century ago, Alpha Kappa Alpha has helped to improve social and economic conditions through community service programs; members have improved education through independent initiatives, contributed to community-building by creating programs and associations, such as the Mississippi Health Clinic, and influenced federal legislation by Congressional lobbying through the National Non-Partisan Lobby on Civil and Democratic Rights; the sorority works with communities through service initiatives and progressive programs relating to education, family, health, and business; and WHEREAS, Kappa Alpha Psi Fraternity, Inc., is a collegiate Greek-letter fraternity with a predominantly African-American membership; since the fraternity's founding on January 5, 1911 at Indiana University in Bloomington, the fraternity has never limited membership based on color, creed, or national origin; the fraternity has over 150,000 members with 700 undergraduate and alumni chapters in every state of the United States, and 09600132.doc 8 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 international chapters in the United Kingdom, Germany, Korea, Japan, the Caribbean, Saint Thomas, Saint Croix, U.S. Virgin Islands, Nigeria, and South Africa; and WHEREAS, Kappa Alpha Psi sponsors programs providing community service, social welfare, and academic scholarship through the Kappa Alpha Psi Foundation and is a supporter of the United Negro College Fund and Habitat for Humanity; and WHEREAS, Omega Psi Phi Fraternity, Inc., is the first African-American national fraternal organization to be founded at a historically black college; Omega Psi Phi was founded on November 17, 1911, at Howard University in Washington, D.C.; the founders were three Howard University juniors, Edgar Amos Love, Oscar James Cooper, and Frank Coleman, and their faculty adviser was Dr. Ernest Everett Just; and WHEREAS, The fraternity has worked to build a strong and effective force of men dedicated to its Cardinal Principles of manhood, scholarship, perseverance, and uplift; since 1945, the fraternity has undertaken a National Social Action Program to meet the needs of African-Americans in the areas of health, housing, civil rights, and education; Omega Psi Phi has been a patron of the United Negro College Fund since 1955, providing an annual gift of $50,000 to the program; and WHEREAS, Delta Sigma Theta Sorority, Inc., was founded in 1913 by 22 students at Howard University; these young women wanted to use their collective strength to promote academic excellence, to provide scholarships, to provide support to the underserved, educate and stimulate participation in the 09600132.doc 9 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 establishment of positive public policy, and to highlight issues and provide solutions for problems in their communities; and WHEREAS, The major programs of the sorority are based upon the organization's Five Point Programmatic Thrust: Economic Development, Educational Development, International Awareness and Involvement, Physical and Mental Health, and Political Awareness and Involvement; and WHEREAS, Phi Beta Sigma Fraternity, Inc., was founded at Howard University in Washington, D.C., January 9, 1914, by three young African-American male students; the founders, Honorable A. Langston Taylor, Honorable Leonard F. Morse, and Honorable Charles I. Brown, wanted to organize a Greek letter fraternity that would truly exemplify the ideals of brotherhood, scholarship, and service; and WHEREAS, From its inception, Phi Beta Sigma was conceived by its founders as a mechanism to deliver services to the general community, rather than gaining skills to be utilized exclusively for themselves or their immediate families; this deep conviction is mirrored in the fraternity's motto, "Culture for Service and Service for Humanity"; and WHEREAS, Zeta Phi Beta Sorority was founded on the simple belief that sorority elitism and socializing should not overshadow the real mission for progressive organizations, to address societal mores, ills, prejudices, poverty, and health concerns of the day; and WHEREAS, Founded January 16, 1920, Zeta began as an idea conceived by five co-eds at Howard University in Washington 09600132.doc 10 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 D.C.: Arizona Cleaver, Myrtle Tyler, Viola Tyler, Fannie Pettie, and Pearl Neal; these five women, also known as the Five Pearls, dared to depart from the traditional coalitions for black women and sought to establish a new organization predicated on the precepts of Scholarship, Service, Sisterly Love, and Finer Womanhood; it was the ideal of the Founders that the Sorority would reach college women in all parts of the country who were sorority minded and desired to follow the founding principles of the organization; and WHEREAS, Since its inception, the Sorority has chronicled a number of firsts; Zeta Phi Beta was the first Greek-letter organization to charter a chapter in Africa (1948), to form adult and youth auxiliary groups, to centralize its operations in a national headquarters, and to be constitutionally bound to a fraternity, Phi Beta Sigma Fraternity, Incorporated; and WHEREAS, Sigma Gamma Rho Sorority, Inc., was founded on the campus of Butler University on November 12, 1922 in Indianapolis, Indiana, by seven young educators: Mary Lou Allison Little, Dorothy Hanley Whiteside, Vivian White Marbury, Nannie Mae Gahn Johnson, Hattie Mae Dulin Redford, Bessie M. Downey Martin, and Cubena McClure; the group became an incorporated national collegiate sorority on December 30, 1929, when a charter was granted to Alpha chapter at Butler University; and WHEREAS, Founded in the midst of segregation, Sigma Gamma Rho Sorority is the only sorority of the four historically African-American sororities which comprise the NPHC, to be 09600132.doc 11 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 established at a predominantly white campus; Sigma Gamma Rho also supports two affiliates: the RHOERS, a group of young women, and PHILOS, women who are friends of the sorority; Soaring To Greater Heights of Attainment Around The World, Sigma Gamma Rho Sorority, Inc., as a leading national service organization, has met the challenges of the day and continues to grow through Sisterhood, Scholarship, and Service; and WHEREAS, Iota Phi Theta Fraternity, Inc., was founded on September 19, 1963 at Morgan State University in Baltimore, Maryland; the fraternity was founded by twelve men in the midst of the Civil Rights Movement even though there were already four other prominent historically black fraternities at the time; and WHEREAS, Since its founding date, Iota Phi Theta has continued to grow and has become the fifth-largest predominantly black fraternal organization in the United States; as of now, there are over 35,000 members in the United States and overseas; a key appeal of Iota Phi Theta is, as an organization, it refuses to have its members bind themselves to a defined fraternal image but celebrates the individuality of its members; more importantly, its members continue to build upon the fraternity's commitment to success and excellence with individual and collective achievements in such fields as politics, education, law, business, medicine, and the performing arts; and WHEREAS, The National Pan-Hellenic Council has distinguished members in the General Assembly, Senator Donne E. Trotter, Representatives Marlow Colvin and Al Riley (Alpha Phi Alpha 09600132.doc 12 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 Fraternity, Inc.); Senators Mattie Hunter and Toi W. Hutchinson, Representatives Annazette Collins, Monique D. Davis, and Constance A. Howard (Alpha Kappa Alpha Sorority, Inc.); Senator James F. Clayborne Jr., and Representatives William D. Burns, William Davis, and Eddie Lee Jackson, Sr. (Kappa Alpha Psi Fraternity, Inc.); Representative David E. Miller (Omega Psi Phi Fraternity, Inc.); Senator Kimberly A. Lightford and Representative Camille Lilly (Delta Sigma Theta Sorority, Inc.); and Representatives Kenneth Dunkin and LaShawn K. Ford (Phi Beta Sigma Fraternity, Inc.); therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we recognize and honor the 80th anniversary of the founding of the National Pan-Hellenic Council, Incorporated and wish all the members of the organization the best at this time; and be it further RESOLVED, That a suitable copy of this resolution be presented to the National President of the National Pan-Hellenic Council, Incorporated, as a symbol of our respect and esteem."
"Representative… Representative… Representative Art Turner."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the Assembly. We're indeed honored today to have so many Members of the Pan-Hellenic Council… the National Pan-Hellenic Council here representing numerous sororities and fraternities. They are a very important element of our communities, all unique in their own way and yet very 09600132.doc 13 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 similar from a standpoint that they all promote brotherhood, scholarship and service. Traditionally, over the last few years we've been inviting, we had an Alpha Day, Kappa Day, Zeta Day and we decided… and we always realized this, that in unity… there's power in unity and in unity there's strength. And we decided to invite all of the groups on one day. And so, today is National Pan-Hellenic Day here in Springfield. We're indeed honored by the presence of so many and yet we know that there are those who could not make it here today but are here in spirit and we want them to know that they are very much an integral part of moving, not only legislation forward, but working towards the goals of making our communities and this state a better place. And we're indeed honored for all that they do and we want them to know that we appreciate their presence. A number of our colleagues, Representative… I'm going to miss them all if I don't… let me just read the sheet here. Unfortunately, when I was in the university, I was unable to join one of the organizations at that time, but they have grown in numbers prior to my leaving that university. But Representative Marlow Colvin, Senator Donne Trotter, Representative Al Riley, Senator Mattie Hunter, Senator Toi Hutchinson, Representative Annazette Collins, Representative Monique Davis, Representative Connie Howard, Senator James Clayborne, Representative Will Burns, Representative Will Davis and Representative Eddie Lee Jackson, Representative David Miller, Senator Kimberly Lightford and Representative Camille Lily and Representative Ken Dunkin and LaShawn Ford 09600132.doc 14 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 are all members of this organization. And again, we want to give them all a warm welcome to Springfield. Thank you."
"We do have some additional speakers, folks, so we'll go through-out of those folks who are waiting to speak. Representative Will Davis." Davis, W.: "Thank you very much, Mr. Speaker. I am proud to be a part of Kappa Alpha Psi Fraternity, Incorporated and to welcome all nine of the Greek letter organizations here to Springfield. Kappa Alpha Psi Fraternity is an organization founded January 5, 1911 on the campus of Indiana University in Bloomington, Indiana. And we're proud to say that next year we will be celebrating our centennial, 100 years of achievement and service to the African American community. Along with my colleagues that have been mentioned before, I just want to say thank you to all that have come down to Springfield. Would the members… oh, I see some in the back there, maybe there are others… if they would all stand and be recognized members of Kappa Alpha Psi, Incorporated along with myself, Representative Will Burns, Senator James Clayborne are all members of Kappa Alpha Psi. Thank you very much, Mr. Speaker."
"The Chair recognizes the Gentleman from Cook, Representative Al Riley."
"Thank you, Mr. Speaker. First of all, servants of all, we shall transcend all. It's one of the watch words of Alpha Phi Alpha Fraternity, founded Cornell University 1906. One of the things I think is very important for all of the fraternities and sororities is to basically 09600132.doc 15 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 represent things that… that all of our organizations… it basically espouse and that's service, service to everyone. So, all of the members of Alpha Phi Alpha would you please stand and be recognized. Myself, Marlow Colvin, Donne Trotter, really glad that you're here. Thank you."
Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. I stand also with great pride in seeing members of the Divine 9. The National Pan-Hellenic Council is a collaborative organization of nine historically African American, International Greek lettered fraternities and sororities. The nine organizations are sometimes collectively referred to as the Divine 9. The council promotes interaction through forums, meetings and other medium for the exchange of information and engages in cooperative programming and initiatives through the various activities and functions. The National Pan-Hellenic Council was established in an age in America when racial segregation and disenfranchisement plagued African Americans. The rise of each of the black fraternities and sororities that make up the National Pan-Hellenic Council bore witness to the fact that despite hardships, African Americans refused to exceed to a status of inferiority. The organizations started in the 1900s. I'm a member of the Xi Nu Omega group. And I'd like to thank my sponsors, Latrice Phillips… Dr. Latrice Phillips, Shari Phillips and say to them, Godspeed. Members of the AKA, as has been stated in this Body, are Annazette Collins, who is the Chair of Juvenile Justice, Connie 09600132.doc 16 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 Howard, who is the Chair of… I don't know, one of the committees. I forgot… what is it… Jud II. Connie is the Chair of Jud II. Monique Davis, myself, and I'm the Chair of Insurance and Banking. To my groups, we welcome you to Springfield. This is the first time all nine organizations have participated together on Greek Day. Let's continue to get our work done. God bless you and continue to be strong in your fraternities and sorority. Thank you, Sir." Speaker Lyons: "The Chair recognizes the Gentleman from Cook, Representative LaShawn Ford."
"Thank you, Mr. Speaker and all the Members of the House and all of the fraternities and sororities here today. Thanks for coming down. I'm a member of the Phi Beta Sigma; Ken Dunkin is here. That's who… we're going to let him do most of the speaking, but I just want to start. I just became a member. And Phi Beta Sigma was established in… at Howard University in Washington, D.C., January 9, 1914. And one of the reasons why I joined Phi Beta Sigma is the reason that we're all here today, to service the people. The motto of the fraternity is Culture for Service and Service for Humanity. So, I'm proud to welcome all of the Sigmas here today. Thank you very much for coming. Ken Dunkin."
Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Lilly."
"Thank you, Speaker. I join… I, too, join all of our legislators who are part of our fraternal panel to make sure that we are greeting our sorority sisters and brothers today. I am a member of Delta Sigma Theta and I would love 09600132.doc 17 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 for the women, the young women of Delta to stand. We welcome you to our General Assembly. Thank you. Keep up the designated work."
"The Chair recognizes the Gentleman from Cook, Representative Ken Dunkin."
"Thank you, Mr. Speaker. I, too, am a member of the… one of the greatest fraternities in the world, Phi Beta Sigma Fraternity, Incorporated. And just like all of the other nine black Greek organizations, we are about service. And we are about due diligence in our community, so we can uplift the African American community, not only in America but throughout this country and the world. We are sincere about service and that's really what it's all about. It's about giving back to our community. Given where we are in America today, that is a charge that all of us in sororities and fraternities are well up for. We are here today to inform Members who are not a part of black Greek organizations and to share and shed light on some of the issues that are specific to the black community. So, they will be knocking on your doors or calling you out in the hallways to talk with you and to discuss issues that are really pertinent to, not just black Americans, but all Americans and all and every Illinoisan. So, again, welcome to our great House of Representatives. This is the first time that we've brought all of the Greek organizations together. We're very proud of you; we're happy you're here. We had a great time last night. And to my brothers in blue, I say, Go Ma." 09600132.doc 18 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
Speaker Lyons: "No one seeking further recognition, Representative Turner moves for the adoption of House Resolution 1172. All those in favor signify by saying 'yes'; those opposed say 'no'. By unanimous consent, the Resolution is adopted. Ladies and Gentlemen, let's congratulate our African-American sororities and fraternities. Thanks for coming to Springfield. God love you, keep up your great work. Representative Chapin Rose, for what purpose do you seek recognition, Sir?"
"Mr. Speaker, I rise to a point of order."
"Please proceed."
"Under House Rule 18(g) I move to discharge House Joint Resolution Constitutional Amendment #56 from the Rules Committee. Under House Rule 54(a)(2) all Motions are to be assigned to Standard Debate status. And I wish to debate my Motion, Mr. Speaker. Upon the conclusion of the debate, I ask for a recorded vote on the Motion to Discharge. As you know, under Rule 49 in Article IV, Section 8(c) of the Illinois Constitution, any vote shall be by record vote whenever five Representatives so shall request. There are at least five Members on my side of the aisle that wish for a recorded vote on this Motion to Discharge House Joint Resolution Constitutional Amendment #56 from the House Rules Committee."
"Thank you, Representative. The Chair recognizes the Gentleman from Cook, Representative Lou Lang."
"Thank you, Mr. Speaker. It will be interesting for the Body to note that the embodiment of HJRC 56 was heard and 09600132.doc 19 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 defeated in the Judiciary I Committee yesterday. Accordingly, I object to the Gentleman's Motion."
"Sir, you've heard Mr. Lang's objection to your Motion, the Motion fails. Representative Rose."
"Mr. Speaker, I rise to a point of order. We did specifically request a Roll Call vote and I find it interesting that at least one Member of the Body last night in Judiciary I who voted against 56, voted on the competing Bill noting that they wish… and they weren't sure what they would do on the House Floor today, but they thought all Members ought to have a say in it. So, by the same logic I think today all Members ought to have a say on 56. Therefore, Mr. Speaker, I did specifically request a Roll Call vote on my Motion pursuant to the rights in the House Rules and under the Illinois Constitution. I'm asking that breach be corrected immediately with a Roll Call vote on my Motion to Discharge. Mr. Speaker, as you know, 56 is otherwise known as the Fair Map Amendment. It is the legislative redistricting tool endorsed by every major newspaper in the State of Illinois, all the change groups, the Farm Bureau, the Chamber of Commerce, of course, the League of Women Voters. Mr. Speaker, as you know, it is the only proposal that takes the politics out of the mapmaking and it does it specifically by disallowing Legislators, lobbyists from drawing maps. It disallows individuals who draw maps from having a conflict of interest and turning around and running in the map that they drew. It removes that inherent conflict of interest which is why everyone has endorsed it in the State of 09600132.doc 20 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 Illinois. I would also note, it's the only proposal that denies the computer system and the commissioners the ability to know incumbent addresses. So, the… the entire process would not be able to protect or take out an incumbent because it wouldn't know where incumbents live. It is the only one that does that, Mr. Speaker. In the committee last night, there was a vigorous debate regarding minority protections. Item #1 in Fair Map specifically protects minorities. That language came from the Brennan Center, which is the national leader on such matters. I would also note for the record, I think this is very important, Mr. Speaker, that when asked… when I asked Senator Raoul last night if he would accept Fair Map having the language amended to take into account his minority interest concerns, he said no. That belies the whole problem here. The competing plan does nothing but leave it in this House and the Senate's hands to draw maps. That is an inherent conflict of interest. It is exactly why every major reform group in the state has supported Fair Map. The offer was made last night to amend it, to take care of the minority interest questions that were brought up by Senator Raoul, he said no. Well, gee whiz, I wonder why that is? So, anyway, Mr. Speaker, under House Rule 57(a) I move to appeal your ruling that there be no recorded vote to discharge House Joint Resolution Constitutional Amendment 56 from the Rules Committee. I ask that that be a recorded vote to over… to appeal your ruling, Mr. Speaker." 09600132.doc 21 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Representative Rose, my understanding of what you said at the end there, it's a little. Your Motion is to overrule the Chair, correct? Okay. On that Motion, Representative John Fritchey."
"Thank you, Speaker, Members of the Body. I believe that I'm the Member to which the previous speaker was referring. As Representative Lang had previously indicated, we had over four hours in committee yesterday with a full and forthright hearing on not just the Bill that was before the committee, but on the Amendment that was proposed by the previous speaker and by Minority Leader Cross, which is the substance of this measure. I would remind everybody procedurally what we're supposed to be debating now is the Motion and not the underlying measure. And with respect to the Motion, the facts and the substance of the Bill were heard at significant length with proponents and opponents being given equal time to discuss the measure, the various merits and flaws as they perceive them in each measure. The full Judiciary Committee considered both the Amendment, which failed, as well as the underlying Bill, SJRCA 121 which prevailed and I believe will be heard by this Body later on today. With respect to my comments that I made with respect to SJRCA 121, the previous Amendment had failed, and I believe that this Body had the… should have the opportunity to debate as an entire Body the merits of SJRCA 121 and decide whether or not it should go to the Governor's desk and move forward to become a part of the Illinois Constitution. To that end I voted while I reserve my rights to possibly reconsider my vote on 09600132.doc 22 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 the floor, I voted to bring that measure to the floor. The underlying Amendment did not have sufficient votes to get out of committee. The process has been followed; the process has been followed fairly and openly and transparently. For that reason I think that, more so than many of the other Motions that have been filed by the other side with respect to various measures of legislation, that this one is meritless, and I say that with no disrespect to the man bringing the Bill… bringing the Motion, but this has had a hearing. It had had an extensive hearing. The process works as the process is suppose…"
"Your time has expired. Representative Mike Fortner."
"Thank you, Mr. Speaker. One of the aspects that was frequently pointed out and raised as a concern with the Fair Map Amendment was that it would somehow cap the minority representation for the General Assembly. So, to demonstrate that, in fact, that that would not be the case, we took the effort of going through and applying the principles in the Fair Map Amendment to show that it, would in fact, create not a cap or a ceiling, but at a minimum it would do two things. If you look at the Hispanic representation, the Latino representation in this Body, right now under the current map there are eight seats. Under this Amendment, you would have a minimum of 12 perhaps as many as 13 or 14 depending on the specific census data that comes out, and under this same set of criteria for the African American seats, currently the current map provides for 18. At a minimum, Fair Map 09600132.doc 23 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 principles with 2009 estimated census data which is what was used here would provide for no less than 18 seats. So, I, in fact, provides not a ceiling but a floor for which the… as we heard in testimony, depending on what other information came in through the public hearing process could only raise those numbers higher, and in no way diminish but, in fact, expand minority representation in this chamber. So, as I say this… the map behind me was done using those principles from the Fair Map Amendment primarily language that replicates what is currently held for Section 2 of the Voting Rights Act as well as there are other principles for contiguity, compactness where they did not diminish those minority districts. And as a…"
Speaker Lyons: "Sir, your two minutes are up. The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."
"Thank you very much, Mr. Speaker. I yield my time to Representative Fortner."
"Represent… Representative Fortner."
"Thank you, Mr. Speaker. As I was saying, the principles that we have applied in this map simply illustrate that the Fair Map Amendment with those principles does not diminish, as was stated in the hearings yesterday, the minority representation; it, in fact, would improve it. When we look at some of the other things. They talked about crossover and influence districts. Things they said, well, we need to have special language. In fact, the language as applied here we would see, for instance, among the Latino seats perhaps two crossover 09600132.doc 24 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 districts that emerge naturally from the application of those principles. So, those things follow from the application of those principles, whether or not you add that language. Fair Map doesn't have that language, but it would provide that anyway with the language as it exists in the Fair Map Amendment. So, for my colleagues on the House Floor here, I would urge you to override the Speaker; let's have a debate. Let's understand that these criteria when applied with the testimony that would come from groups would, in fact, provide for fair and in fact, better representation. It would maximize in a way that we have not done in the past. So, I would urge my colleagues to override the Chair. Thank you."
Speaker Lyons: The question is, 'Should the Chair be sustained?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Boland, Coulson, Reitz, Walker. Mr. Clerk, take the record. 69 'yeas', 46 'noes', the Chair is sustained. Representative Jakobsson, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. I rise for a point of personal privilege."
"Please proceed."
"I'd like the House to give a nice warm welcome to students here from the Montessori School of Lake Forest. They make an annual… their eighth graders make an annual trip and they spend a lot of time studying the judicial system as well as the legislative system. And they are 09600132.doc 25 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 here in the balcony, right up here. Please give them a warm welcome. Many of my colleagues are their Representatives. And so, I know that Representative Sullivan joins me in welcoming them."
Speaker Lyons: "Representative Bellock, do you also seek recognition with the Montessori group? Another group? All right. We'll get back to you, Representative. Let's give a warm welcome to the Montessori School from Lake Forest. Welcome to Springfield. Representative Bellock for the point of personal privilege."
"Thank you very much, Mr. Speaker and the Members of the House. I'd like to welcome today all the people who have traveled from all over the State of Illinois to come down for the 5th Annual Autism Lobby Day in Illinois. And I want to thank everybody in the House of Representatives and the Senate because we're always taking it that we're the worst in the United States on a lot of issues, but I want to tell you that Illinois has been a leader throughout the United States on the issue of autism. We have, as of today, over 13,000 children suffering from autism in our state alone. We have been the voices for them. All of you last year passed the legislation, which has been a model throughout the United States of America for insurance for autism for children who suffer from autism. Today, I want to thank all of you who took the time out to come to the press conference. I want to thank all of you who took time out to speak to all the people who are here from Illinois, down on the podium downstairs. And I want to thank all of you for your dedication and hard work and especially for 09600132.doc 26 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 your compassion for those 13 thousand children in Illinois. It's now 1 out of 110 children in the United States that suffer from some form on the autism spectrum. One out of 99 boys suffers from autism now. We have in our balcony some of the children who have come down here today. One of them especially who testified at the press conference by the name of Riley, who when he first was born and for his first several years could not speak a word, and today he spoke over two pages of welcoming everybody and telling them about autism. So, up in the balcony right now are the people and especially the children, Riley, Ryan, Kyle and Ryan. I want to ask all of you to welcome them. Thank you."
"Representative Brady also on our guests."
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. I, too, just want to applaud the Autism Society of Illinois, those ladies and gentlemen that are here today and especially Riley and his buddies that were here and did a great job in our press conference. As the parents of a child, our youngest child Tom, who has autism, the work that we continue to do here and need to do here in regards to autism and what it means to therapy and to those parents such as myself is extremely important. Especially, we know the challenging times financially. For all of you who work side by side with us in the fight against autism and the help and the education and the therapy, I say thank you very, very much. And Giant Steps of Illinois, thank you all for what you do." 09600132.doc 27 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Thank you autism community for being here at the Capitol today. Enjoy your work and God bless everything you do. Senate Bills-Third Reading. We're going to start on page 3 of the Calendar. The first Bill I have is Senator Jim Wat… Representative Watson, you have Senate Bill 2812. Read the Bill, Mr. Clerk."
"Senate Bill 2812, a Bill for an Act concerning safety. Third Reading."
Speaker Lyons: "The Gentleman from Morgan, Representative Watson."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. 2812 is an initiative of the EPA and it is an agreed Bill and I would… it got zero 'no' votes in the Senate. And I'd be happy to answer questions."
"Any discussion? Seeing none, the question is, 'Should Senate Bill 2812 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Hannig, Flider, back row. Like to be recorded Representative? Representative Hannig. Mr. Clerk, take the record. On this Bill there's 115 Members voting 'yes', 0 voting 'no' and 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Dan Beiser, continuing on page 3 of the Calendar. Members, I'm running right down the Calendar. On page 3, Representative Beiser, you have Senate Bill 2986. Read the Bill, Mr. Clerk." 09600132.doc 28 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Senate Bill 2986, a Bill for an Act concerning land. Third Reading of this Senate Bill."
"Representative Beiser."
"Thank you, Mr. Speaker and Members of the House. This is IDOT's annual land conveyance. There are six parcels and or easements in six different counties throughout the state. It passed the committee unanimously, the House… or the Senate with unanimous. I'd ask for an 'aye' vote."
"You've heard the Gentleman's explanation. Is there any discussion? The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, excuse me for asking the question, but I… I don't remember and that's an honest statement, about how we do this? And I know we do it every year. Is… is… is this conveyance… do we have to have an appraisal for these types of conveyances?"
"Yes."
"Have… I assume… I don't see it on my laptop. I assume then the convey… excuse me. The appraisals have been made?"
"Yes. And there… in our analysis, Representative Black, there is specific dollar amounts alluded to that would, I would assume, would reflect those appraisals."
"So, if we're conveying land it's land that IDOT had once owned for a highway or an intersection improvement that we don't… that they don't need anymore, so an 09600132.doc 29 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 interested buyer, based on our appraisal, then purchases the land, correct?"
"Yes."
"And gets it back on the tax rolls?"
"Yes."
"Sounds like a good idea to me. Thank you for refreshing my memory, Representative."
"Yes."
"No one seeking further discussion, the question is, 'Should Senate Bill 2986 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Chapa LaVia. Mr. Clerk, take the record. On this Bill there's 113 Members voting 'yes', 1 Member voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Harris."
"Thank you, Mr. Chairman. I rise to a point of personal privilege."
Please proceed, Representative."
"I would like to draw attention to the fact that today is the birthday of my seatmate, Representative Annazette Collins. So, please join me in wishing her a very, very happy birthday."
"Many happy, healthy more, Annazette. Have a great year. Representative Black."
"Thank you very much, Mr. Speaker. A point of personal privilege." 09600132.doc 30 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Please proceed, Representative."
"Thank you. Since we're on the order of birthdays, I would like the chamber to recognize with me the lovely and talented Jason Rudis, who is our Bill box protector. Had a wonderful birthday party last night. He may remember it some time in the future. But he's 21 and single and eligible, and quite frankly, we'd like to find a fiancé for him. So maybe we could get him out of here because after last night's birthday I hear that downtown Springfield may be shut down for the next two days."
"Happy birthday, my friend, many happy more. Welcome to the world of being 21. Representative Kevin McCarthy, Senate Bill 3011. Read the Bill, Mr. Clerk."
"Senate Bill 3011, a Bill for an Act concerning gaming. Third Reading."
"Representative Kevin McCarthy."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 3011 is a Member initiative of Senator Maggie Crotty. And it basically takes the Senior Bingo License that we've made some changes over the years to, it increases the value of prizes that can be awarded in one game to $10 from $5. And it also allows units of local government to conduct these senior bingo games, and they do that without the regular license fee. So, I'd appreciate your support on this initiative."
"You've heard the Gentleman's explanation. No one seeking recognition, the question is, 'Should Senate… the Chair recognizes the Gentleman from Vermilion, Representative Black." 09600132.doc 31 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Excuse me, Mr. Speaker, for the late… Will the Sponsor yield?"
"Sponsor yields."
"Representative, I assume that what is wanted is to raise the prize, the payout?"
"Correct. From $5 to $10 per game."
"It's current…"
"Maximum… maximum would be $10."
"…currently $5, and will be $10?"
"Correct."
"Do you know whether any of the license holders had expressed concern that this may compete with the game at the Catholic church or the community center at the UAW Hal, for example?"
"No one has expressed that concern to me. The Bill went through Revenue, but it went through pretty quickly, so there wasn't much time for other concerns."
"Okay."
"And… but it did pass out of the Senate 48-1 and it was 9-0 in our Revenue Committee."
"Well, I had a…"
"But… but I've… but I've got no concerns from any of the… like the local Lions Clubs or any of those."
"…I had a Bill that passed out of the House with 85 votes and the Senate killed it in committee. But, you know…"
"No guarantees."
"…there is… true. But, these are unlicensed games, correct?" 09600132.doc 32 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Correct. For senior citizen groups. It's that part of the thing…"
"Is there any way for the department to track how many games… you know what I'm getting at? If they're unlicensed some… some unscrupulous operator could go around to various senior citizen facilities and start running these games and skim a little bit off the top, might make a couple of bucks."
"You know, I… I agree that could happen, but this license, the senior license, this free license has been out there for years and I haven't heard any of those concerns yet."
"Okay."
"But I still… I mean, it certainly could happen."
"Well, now… now that we're getting into big money pots it may be different."
"Well, Senator Crotty is a big spender, so she went from 5 to 10."
"All right. Thank you very much, Representative."
"No one seeking further discussion, the question is, 'Should Senate Bill 3011 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative May, Representative Sente. Mr. Clerk, take the record. On this Bill there are 98 Members voting 'yes', 17 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. 09600132.doc 33 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 Representative Suzie Bassi, you have on Senate Bills-Third Reading, Senate Bill 3024. Read the Bill, Mr. Clerk."
"Senate Bill 3024, a Bill for an Act concerning transportation. Third Reading."
Speaker Lyons: "The Lady from Cook, Representative Suzie Bassi."
"Thank you… thank you, Mr. Speaker. This is the Bill that we passed out of the House 111… with 111 votes that corrects the… the Bill that's already been signed into law regarding window tinting. There is no opposition and I would ask… this is the Senate Bill that's identical to the one we passed, and I would ask for your support."
"You've heard the Lady's explanation. Chair recognizes the Gentleman from Cook, Representative Bill… Representative from Vermilion, Representative Bill Black."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I simply rise to say what I did when this Bill left the House, I have institutional knowledge of why this Bill was passed in the first place. Every window could be tinted 20 some years ago, even in a bronze tint that reflected sunlight off the front windshield. I know we've made some corrections and improvements over the years, but my fear is that we will get back to the position we were in before we started to do away with the window tint law, a little bit at a time, and that is, when a police officer stops a car cannot see if anybody is in the back seat because of the tinted windows or in the case when we passed the law originally many, many years ago, a police officer was killed because he didn't 09600132.doc 34 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 know there was somebody sitting in the back seat with a shotgun. And that's why the Window Tint Bill was… was passed in the first place. And I realize why we've had to change it over the years, Lupus, et cetera, et cetera, et cetera, but I have no intention of killing the Bill, I have no intention of trying to influence your vote. I just simply rise to, as a Sponsor of the original anti-tint Bill, I know why we did it. I think I know why we're loosening it up, but I think we're headed towards the same problem that caused us to pass an anti-tint Bill more than 20 years ago, and I intend to vote 'no'."
"Representative Bassi to close."
"Thank you, Mr. Speaker. I would remind the Body that this is corrective language for the Bill that's already passed and in law, and I would ask for your support. It's 700 jobs. Thank you."
Speaker Lyons: "The question is, 'Should Senate Bill 3024 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Currie, Representative Wait. Mr. Clerk, take the record. On this Bill there's 102 Members voting 'yes', 13 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Fritchey. Representative Fritchey, you have Senate Bill 3025. Read the Bill, Mr. Clerk."
"Senate Bill 3025, a Bill for an Act concerning professional regulation. Third Reading." 09600132.doc 35 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"The Gentleman from Cook, Representative John Fritchey."
"Thank you, Speaker, Members of the Body. This was an initiative, I think, both of the department and is supported by the Dental Society that basically provides greater access to certain records. It creates a right of confidentiality for certain records, but is intended really to give more enforcement authority and protect the records that are seized or obtained in furtherance of investigations. We know of no objection to the Bill. I'd be happy to try to answer any questions. Thank you."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 3025 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Crespo, Chapa LaVia. Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Connie Howard, you have Senate Bill 3037. Read the Bill, Mr. Clerk."
"Senate Bill 3037, a Bill for an Act concerning State government. Third Reading."
Speaker Lyons: "The Lady from Cook, Representative Connie Howard."
"Yes, thank you very much, Mr. Speaker. Senate Bill 3037 would change the name of the Ticket For the Cure Act (sic-Fund), which of course is a breast cancer lottery 09600132.doc 36 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 ticket, to Carolyn Adams Ticket For the Cure. Carolyn Adams, the late Carolyn Adams, was the person who did a lot to make certain that that ticket came into existence, and she fought a battle against breast cancer and unfortunately she lost. We just honor her… we want to honor her by changing the name to the Carolyn Adams Ticket For The Cure. I ask for my colleagues to all give me a 'yes' vote on this."
"No one seeking questions, the question is, 'Should Senate Bill 3037 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Reboletti, Rose, Burns. Mr. Clerk, take the record. On this Bill there's 113 Members voting 'yes', 2 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Patti Bellock you have Senate Bill 3039. Out of the record. Representative Lou Lang, you have Senate Bill 3060. Read the Bill, Mr. Clerk."
"Senate Bill 3060, a Bill for an Act concerning transportation. Third Reading."
"The Gentleman from Cook, Representative Lou Lang."
"Thank you, Mr. Speaker, Ladies and Gentlemen. This is a proposal from DNR and I know of no opposition to it. It… it comes from their conservation officers. Most drowning cases involve watercraft operated and occupied by only one person. This Bill describes when a person needs to wear a 09600132.doc 37 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 personal flotation device. It's been amended a few times to narrow the scope of the Bill, and I ask your support."
"You've heard the Gentleman's explanation, the Chair recognizes the Gentleman from McHenry, Representative Mike Tryon."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative Lang, can you tell me does this affect… you know, almost every major boat manufacturer from Four Winds to Formula to Sea Ray would make a 25-foot cabin cruiser that's made to sleep overnight, and… and under your Bill, would I have to wear a life jacket?"
"No, Sir. It only impacts those who are sole occupants where there's no motor in the boat."
"Can… what… can… let me ask you this? Can you also tell me, is there any other states… how many states have similar laws?"
"I don't know, Sir."
"All right. To the Bill. You know, states regulate boating, they do it differently in every state. Missouri, for instance, has a lot of boating. They require people to have licenses to drive boats and have training. Anybody born after 1984 has to actually be licensed to operate a boat. That provides all the safety training you need. In Illinois most of our boat operators get some kind of formal training either through the power squadron or the coast guard or… or certain other groups that do boat training, but here's the thing, I think this is an egregious Bill for a boater. A 26-foot boat is a very large boat and I'm… I'm 09600132.doc 38 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 fully aware of, well, of the laws, and I think this is… I think this flies in the face of trying to encourage boaters to… to be responsible and get both safety education and make the right choices, and I think they're capable of doing that. I don't think we need a law to tell them they have to have at all times a life jacket on a 26-foot boat, which is a 12,000 pound boat, and I think it's… I think this goes way too far. So, I… I'm hoping this will be a 'no' vote. I represent a portion of the Chain of Lakes, I've gotten lots of calls in opposition to this. So, there is opposition and I would hope this Bill would not pass, and I would urge a 'no' vote."
Speaker Lyons: "The Lady from DuPage, Representative Patti Bellock."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Does this legislation pertain to people on private property also?"
"No, we've exempted private property."
"Okay. Does it apply to sailboats? I think sailboats were exempted out."
"I believe you're correct, Representative."
"I… to the Bill, Mr. Speaker. I, too, have heard from several of my constituents in opposition to this Bill. In fact, I think even a major boating magazine came out with either an article or something about it in opposition to it because they feel that number one, it exempts out sailboats; number two, that it's on all people that must 09600132.doc 39 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 wear… in a 26-foot boat or under, correct? So, if you're even in a rowboat you must wear a flotation device. It used to be just children under 13, correct?"
"This applies to boats under 26 feet with no motor when the boat is moving, when you're a sole occupant. So, if you're in the middle of the lake fishing, you don't need to wear the device. It's only when the boat is moving and only when you're alone and only for boats under 26 feet with no motors."
"Well, thank you very much, and to the Bill. I don't support the Bill. I think that there are a lot of people out there, I've heard from at least 7 or 8, who are totally opposed to the Bill because they feel, yes, for children a flotation device, but if you have your own rowboat and you're in the middle of the lake and you have your motor running, I don't think the government needs to tell them that they need to have their flotation device on. Thank you."
"Representative Black."
"Thank you very much, Mr. Speaker. Inquiry of the Chair?"
"State your inquiry, Sir."
"Did Floor Amendment #3… is Floor Amendment #3 on the Bill?"
"Mr. Clerk."
"Amendments 1 and 2 were adopted in committee. Floor Amendment #3 was referred to the Rules Committee and never reported out." 09600132.doc 40 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"All right. Thank you very much. Will the Sponsor yield?"
"Sponsor yields."
"Thank you. Representative Lang, Floor Amendment #3, not adopted… let me make that very clear, was not adopted to the Bill. That's the Amendment that would have specifically put sailboats in the Bill. So, if I understand this correctly, sailboats under… 26 feet or under, which would include a very small sailfish where children learn how to handle a sailboat, then the flotation device would not be necessary. Is that your understanding of the Bill?"
"That is my understanding of the Bill, Sir."
"All right. And I'm… I'm sorry, I didn't hear you earlier. Do you exempt private lakes or are private bodies of water still covered under the Bill?"
"Bear with me one moment so I give you the correct answer, Sir. Well, I may have misspoken, I think this still includes private property."
"All right. So…"
"So, I my have misspoken previously, Mr. Black."
"Representative, I believe even Clarence Darrow, who I've often said you resemble, not in… you're much more handsome than Clarence Darrow, but you're both giants in the law profession, and it's not unusual for an attorney to misspeak, so, I don't think you have anything to apologize about. It… you've done an excellent job."
"Thank you, Sir."
"But, it does… it does impact private property?" 09600132.doc 41 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Except there's a small exception for when you're on your own parcel of property. So, if it's your own manmade private property, then you're… it's exempted. If it's on somebody else's, you're not."
"Okay. Fine. Thank you very much."
"Representative Mike Bost."
"Thank you, Mr. Speaker. To the Bill. I think it's just very important that each Member of this House listen very closely to this Bill. And… and if your constituents are like mine, not only have I got calls from them, as one person already spoke, it's actually been mentioned in a boating article about the concerns about this. We do have specific laws in place that do protect children, make sure that they have proper flotation devices on. We want that safety. But one… and I think there's a little bit of confusion maybe on… on exactly what private property it does apply to and what it doesn't. I… even if it's out of there though, if we're in our public lakes, on our public lakes we need to go ahead and allow people to make their own decisions on things like this. We don't need to have government interference. Not only that, if we look at this as well Ladies and Gentlemen, we're at a time when our budget crisis is what… like it is. We have IDNR that are busy doing other things rather than going out and patrolling in this fashion, chasing somebody down and saying, okay, the small boat hasn't moved across… well, you see, so you don't have a flotation device on. Now, we're going to go over and we're going to deal with that instead of maybe something where we're dealing with possibly 09600132.doc 42 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 operating a boat under the influence of alcohol, those types of things that they should be focused on. Instead they're gonna be chasing these rabbits around. Ladies and Gentlemen, I stand in total opposition to the Bill. I hope that you've studied it very closely, listened to your constituents. And I believe the people of the State of Illinois, at least from my district and I think for many years have been very clear that this is not the path that they want to go down, and I would encourage a 'no' vote."
"Representative Mark Walker."
"Does the Sponsor yield?"
Sponsor yields."
"Representative, the way I read the Bill it exempts sailboats… no, it exempts sailboats, but not sailboards? Is that correct?"
"I believe that's correct, Sir."
"Thank you."
"Representative Dave Winters."
"Thank you, Mr. Speaker. To the Bill. How far are we going to do… to go as a state to try to tell adults what they can and cannot do on their own property? I have several open areas of water on our wetlands. I had… my son and I went out in a canoe the other day, and we were enjoying it. We were paddling around in maybe 12 inches of water, maybe 18 inches of water, but if we fell overboard we'd have more trouble getting out of the mud than we would keeping our head above water. Why do we need life preservers? Now, at 13 years old or under, I can understand, they are not adults. But it's time that this 09600132.doc 43 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 state realized that adults can make adult decisions. They understand risks and they should be allowed to enjoy nature, enjoy life without the state intervening. I think it's also interesting that we exempt sailboats or boats of over 26 feet. Now, I've been out on large boats on Lake Michigan and when they come about under wind conditions and the sail will move from one side of the boat to the other the boom will move across the boat at a fairly high rate of speed. Now, we do not require that you wear a motorcycle helmet so that you don't get hit in the head by that boom and thrown overboard into Lake Michigan unconscious and without a life preserver. We don't require life preservers if it's a big enough boat that's probably more dangerous because of the speed at which that boom will move across the boat. Let's treat our citizens as if they are mature adults who can think for themselves. This Bill goes way too far in trying to impose a nanny state on everybody, and I oppose the Bill."
"Representative Lang to close."
"Thank you, Mr. Speaker. I appreciate the debate, but I think people are not really focusing on what this Bill is all about. It says that if you're in a small boat by yourself and the boat has no motor and you're out in a body of water and you're moving, maybe you ought to wear something to protect yourself. The Coast Guard of the United States of America supports this Bill as does the National Association of State Boating Law Administrators. This is a good Bill for safety. It seems to me that nobody would go out in the middle of the lake on a 10 or 12 foot 09600132.doc 44 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 long boat and not wear a flotation device anyway. Please vote 'aye'."
The question is, 'Should Senate Bill 3060 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Colvin and Representative Jefferson, Jackson, May, Joyce, Ford, Fritchey. Mr. Clerk… Mr. Clerk, take the record. On this Bill, there are 33 Members voting 'yes', 73 Members voting 'no', 1 Member voting 'present', and the Motion… the Bill fails. Representative Ron Stephens, for what purpose do you seek recognition, Sir?"
"An inquiry of the Chair. Mr. Speaker, is there a…"
"State… state your inquiry."
"…is there an honorable mention for the Century Award?"
Speaker Lyons: We will take that under very serious consideration, Representative."
"Thank you so much. I think this… this will be my nominee."
"Yes, Sir. Representative Berrios, for what purpose do you seek recognition?"
"Point of personal privilege."
"Please proceed, Representative."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, if you could help me by welcoming the Illinois Association of Hispanic State Employees. Today is their 09600132.doc 45 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 lobby day. They are out here asking for our support. Welcome IAHSE.
"Welcome to Springfield. Proud to have you. Thank you for all your hard work. Representative Deb Mell, Deborah Mell. Deb, you have Senate Bill 3084. Out of the record. Representative Burns, you have Senate Bill 3085. Out of the record. On page 4 of the Calendar Representative Tryon you have Senate Bill 3091. Read the Bill, Mr. Clerk."
"Senate Bill 3091, a Bill for an Act concerning transportation. Third Reading."
Speaker Lyons: "The Gentleman from McHenry, Representative Tryon."
"Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 3091 is a Bill that is put in at the request of the Illinois Association of Snowmobile Clubs. There are 2500 miles of snowmobile trails in the State of Illinois that are paid for by solely registration fees of snowmobiles. The trails are maintained by these snowmobile clubs. The trails are marked by the snowmobile clubs. There's no tax dollars that go in from any other source other than these fees. The fees haven't been raised in nine years, and they are no longer able to maintain these trails. These trails provide for an economy in our border counties to Wisconsin and Iowa where people from all over the state go up and use these trails. This Bill will also set an out of state user fee for a one-day trail pass, so if you come out of state, you also have to register to use these trails. Wisconsin and our neighboring states have 09600132.doc 46 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 out of state fees that people have to pay to use if they come from Illinois to their states, so it's only fitting that we have this fee. The other major part of this Bill is it also treats snowmobiles like… like we do all-terrain vehicles, like we do boats and requires the same insurance requirements that we have for Sea-Doos or for all-terrain vehicles. So, this kind of brings in line our… our off- road vehicles and how we license them, how we insure them with similar fees and it will provide for adequate maintenance of our snowmobile trails. And with that I would ask for any questions. I'd be more than glad to answer them and I would urge an 'aye' vote."
"You've heard the Gentleman's explanation. Are there any questions? Seeing none, the question is, 'Should Senate Bill 3091 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill there are 72 Members voting 'yes', 34 Members voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Bob Rita. Representative Hoffman. Mr. Hoffman, you have Senate Bill 3097. Jay, 3097. Read the Bill, Mr. Clerk."
"Senate Bill 3097, a Bill for an Act concerning safety. Third Reading."
"Representative Hoffman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is identical to a Bill that passed out of the 09600132.doc 47 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 House and went to the Senate. Under the agreement with the Senate, the Bill that passes first is the one we'll send to the Governor. I believe that this passed unanimously. It's an initiative of the Fire Marshal's Office, indicates that if you have a facility such as a dorm or something like that or a public facility where people are living, you have to have backup for the smoke detectors as opposed to just having them built into the electricity in case of a fire. So, you need the battery backup so that if the electricity goes out, the smoke detector still works."
"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should Senate Bill 3097 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Ford, Lang, Schmitz, Stephens. Mr. Clerk, take the record. On this Bill, there are 104 Members voting 'yes', 10 Members voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Elaine Nekritz, you have, on page 4 of the Calendar, under Senate Bills-Third Reading, Senate Bill 3139. Read the Bill, Mr. Clerk."
"Senate Bill 3139, a Bill for an Act concerning revenue. Third Reading."
Speaker Lyons: "The Lady from Cook, Representative Elaine Nekritz."
"Thank you, Mr. Speaker. In one of the previous Sessions, we passed some legislation that would provide 09600132.doc 48 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 that a… a taxing district's base is established if it's… if the base is established or increased by a referendum held after the General… the 2110(sic-2010) General Election Primary. There was some… there was language that had to be included in that referendum and we put that in the wrong Section of the Bill when we passed it originally. So, this is correcting it to put it in the correct Section of the statute."
"You've heard the Lady's explanation. Is there any discussion? Seeing none, the question is, 'Should Senate Bill 3139 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 67 Members voting 'yes', 45 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Dugan, you have, under Senate Bills-Third Reading, on page 4 of the Calendar, Senate Bill 3206. Read the Bill, Mr. Clerk."
"Senate Bill 3206, a Bill for an Act concerning State Government. Third Reading."
"The Lady from Kankakee, Representative Lisa Dugan."
"Thank you, Speaker. Senate Bill 3206 extends the sunset date from January 1, 2012 to January 1, 2013 for the Capital Development Board to utilize the single prime of protected subcontractors delivery method. And then the reason this needs to be done is because due to capital funds not being released the first year of the 09600132.doc 49 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 authorization for this type of program, the Capital Development Board is just asking for the full three years that the program was given. But, because, again, like I said, because of the capital Bill funds not being released, they were not able to use… do anything in the first year. So, I'll be glad to answer any questions."
"Is there any discussion? The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."
"Representative… will the Sponsor yield?"
"Sponsor yields."
"Thank you. Representative, is there any fiscal impact from this? Is this… is this going to cost the State of Illinois or the Capital Development Board any additional funds by making this extension?"
"No, not… I don't believe so, Representative."
"Well, currently I… I think for building construction contracts that are in excess of $250,000, there have to be separate specifications prepared for equipment, labor, materials. Now, how does that… how does that change… how does this change that?"
"Well, what… what this does is this program, again, that was approved by the General Assembly and put into place back a couple of years ago, what this does is this is a waiver… currently, a waiver to this requirement, of the requirement you talked about may be given under certain circumstances. For the exemption to apply the construction project must have the Capital Development Board as a construction agency, the project budget is at least 20 million. So, there's a lot of requirements that the 09600132.doc 50 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 project has to meet in order to qualify for this waiver of the… of the single prime or protected subcontractors delivery. We've got quite a few projects planned to go forward already, and there's requests from other users. So, I think it's what you say that you have separate contracts for subcontractors, this kind of ties it all in together under single prime. Subcontractors are still allowed to bid. It's just part of… it's a different layout."
"Okay. So… so this was originally set for three years and some of those projects are going to extend and you need to extend it into a fourth year. Is that basically what this does?"
"Correct. Because the capital funds didn't come out the first year so they weren't able to move forward."
"Okay. The delay in the revenue from the cap…"
"Correct. Correct."
"Okay. So, you don't expect that… to have to do this again? This is a one-time extension in order to make sure that those… those capital programs that were under the original Bill have the proper amount of time?"
"That's correct. I don't expect it to be extended. We're just asking because we missed a whole year because of the capital Bill."
"Okay. Thank you, Representative."
Representative Dugan to close. Representative Dugan to close."
"Oh, I'm sorry. Thank you, Speaker. And, again, I'm just… would ask for an 'aye' vote. This is just something 09600132.doc 51 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 that… that's good for the state, and it really just gives back the year that they missed because of our capital Bill funding not moving forward."
Speaker Lyons: "The question is, 'Should Senate Bill 3206 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Collins, Harris, Lilly, Riley, Tracey, want to be recorded? Mr. Clerk, take the record. On this Bill, there are 75 Members voting 'yes', 38 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Burns back on the floor? Representative Zalewski? I know he's busy today. Is Representative Zalewski on the floor? Representative Bost, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. We'd like to also excuse for the rest of the day Representative Durkin please."
Speaker Lyons: "The Clerk will so note. Representative Zalewski, I know you're busy today, you want to run your Senate Bill 3265? Read the Bill, Mr. Clerk."
"Senate Bill 3265, a Bill for an Act in relation to taxes. Third Reading."
"The Chair recognizes the Gentleman from Cook, Representative Mike Zalewski."
"Thank you, Mr. Speaker. Senate Bill 3265 is an initiative of the Village of Summit. They had a TIF district which benefited the park district of Summit. Because of a clerical error the… the attorney wasn't able to properly transfer the information and in the TIF 09600132.doc 52 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 district the levies weren't adjusted properly. So, this Bill simply adjusts the proper levies to allow for full payment of property taxes to the Summit Park District. There's no opposition and I'd like the chamber to know that the only two… there'd be no individual homeowner districts affected by this Bill. It's simply two companies that would be affected by the increase in the levy. I ask for an 'aye' vote."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 3265 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Phelps, Reitz. Mr. Clerk, take the record. On this Bill, there are 82 Members voting 'yes', 32 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Acevedo you have Senate Bill 3304. Representative Acevedo, do you wish to call Senate Bill 3304? Read the Bill, Mr. Clerk."
"Senate Bill 3304, a Bill for an Act in relation to criminal law. Third Reading."
"The Chair recognizes the Gentleman from Cook, Representative Eddy Acevedo."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 3304 amends the Code of Criminal Procedure, provides that a police officer who witnesses the commission of a misdemeanor can sign a complaint to charge the defendant in a complaint needed, not to be sworn to if the officer signed a complaint. It certifies that the 09600132.doc 53 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 statements set forth in the complaint are true and correct and are subject to the penalties provided by law for false certification and perjury. I'll be happy to answer any questions."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 3304 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mell, do you wish to be recorded? Mr. Clerk, take the record. On this Bill, there's 113 Members voting 'yes', 1 Member voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mike Smith you have Senate Bill 3305. Read the Bill, Mr. Clerk."
"Senate Bill 3305, a Bill for an Act concerning violent offenders against youth. Third Reading."
"The Gentleman from Fulton, Representative Mike Smith."
"Thank you, Mr. Speaker, Ladies and Gentlemen. This Bill does basically two things. First of all, it expands the number of crimes that can be considered under the violent offense against youth charge; and secondly, it would no longer exclude parents from those persons who must register as violent offenders against youth. We passed a law in 2006 creating the offense of violent offender against youth and the registration of those individuals. And this legislation would add the following offenses to what would be considered violent offenses against youth and 09600132.doc 54 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 those would include aggravated battery of a child, aggravated battery of an unborn child, ritualized abuse of a child, domestic battery of a minor, aggravated domestic battery of a minor, aggravated battery of a minor or heinous battery of a minor. And persons guilty of all these crimes would be subject to the Child Murderer and Violent Offenders Against Youth Registration Act. I know of no opposition to this legislation, and I'd be happy to answer any questions."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 3305 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Collins, Lang, Phelps, Reitz. Representative Lang. Mr. Clerk, take the record. On this Bill, there's 114 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Deb Mell, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. I have a point of personal privilege, please."
"Please proceed."
"Thank you. Mr. Speaker, Ladies and Gentlemen of the House, may I have your attention for a moment. I want to share some very exciting news. Two weeks ago I asked Christin Baker to marry me and she said yes. These past six years we have built a life together; we own a home, we have amazing friends and we love our jobs. We have cried 09600132.doc 55 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 together and we have laughed together. We share a strong faith in God, family and service to others, and just being with Christin has made me a better person. And so the day came when the words partner, girlfriend, were not strong enough to describe us. A couple of weeks ago, ninety-five flights up at the John Hancock Center overlooking our beautiful city, in front of her parents and friends, I asked Christin to marry me. This is a decision we don't take lightly. Marriage brings access to rights and family protections, but it also is the highest level of commitment two people can make to each other. It has been amazing how differently people treat us since we have gotten engaged. Christin is now Aunt Christin to my nieces and nephew and I was included in her family photo. Now, I am aware that our Governor and many of you on both sides of the aisle do not consider me equal to you and our relationship equal to the relationship you share with your spouse. I think we are more alike than we are different. Christin and I are going to get married in the fall of 2011 and I am afraid that we still don't have equal marriage in Illinois, so we will have to go next door to Iowa to get married. In Iowa and four other states and our national… nation's capital we are considered equal. Now, Iowa is a great place; I went to school in Iowa, but it isn't the state where I grew up; it isn't the state where I represent 100 thousand people; it isn't the state where I pass legislation and it isn't the state where my family and friends live. So, while this is a happy day and one to celebrate, it is also bittersweet. Life can be tough even on a good day, so I believe if… if 09600132.doc 56 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 you find that person who you want to spend the rest of your life with, regardless if you're gay or straight, it should be honored and celebrated. I think my mother knew this day would come because five days before she passed she made sure that I knew how much she liked Christin, and I can't help but think that she is very proud of us right now. So, thank you so much for celebrating with us today."
"The Chair recognizes the Gentleman from Cook, Representative Will Burns."
"Yes, Speaker. I rise on a point of personal privilege."
"Please proceed."
"Thank you very much, Speaker. I rise today to support Deb Mell and her partner's desire to celebrate a life together, a life recognized by the State of Illinois, a love recognized by the State of Illinois, and in the hope that one day this state will allow people like Deb and Christin, people who love each other, to be together, to support each other and have the rights and privileges that they are entitled to. Not so long ago in this country it was illegal for people of different races to be married, and there were many arguments that were raised about how unnatural that was, how it was against the laws of nature, how it was against religion. And we've seen over time those arguments fail and fall, and I hope at some point in this state that the arguments against same gender loving people being married and being together fall as well. I wish you the best of luck. I won't probably be able to 09600132.doc 57 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 make it to Iowa, but I wish you the best of luck. God bless you."
"Representative Elaine Nekritz."
"Thank you, Mr. Speaker. Point of personal privilege."
"Please proceed."
"Thank you. Deborah and Christin, I know this is a very significant day for you and it's very exciting and I am thrilled to stand here and honor you as well. It isn't often that we, in the House of Representatives, get to celebrate really special occasions with our colleagues, and, certainly, engagements and weddings and births are those. And we… we do too many things that are… that are somber and sad, but this is a very exciting one and… and I couldn't be happier for the both of you. I know that… that you will have great success in your life together and you both deserve that. And this is… I couldn't agree more with the previous speaker that this is something that the State of Illinois ought to be celebrating and recognizing as you build a life as Illinois residents and taxpayers together, so congratulations."
"Representative Mark Beaubien."
"Yes, thank you, Mr. Speaker. I rise on the note of personal privilege."
"Please proceed."
"I had the honor and privilege last year of sharing rooms at the Pasfield House and we'd get up and talk occasionally. Had the honor of walking over with her and have grown very, very fond of her, and I just want to wish 09600132.doc 58 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 her and Christin the best in the future. I know you'll… you'll do quite well. And one of my signs I see every morning, live your own life, speak your own truth."
Speaker Lyons: "Chair recognizes the Lady from Cook, Representative Feigenholtz."
"Thank you, Mr. Speaker. I rise on a point of personal privilege."
"Please proceed."
"Deb and Christin, I have a very distinct memory about five and a half, six years ago. In my legislative district I walked into an event and I met Christin for the first time, Deb was getting an award, I believe, and I could just sense the excitement around this relationship, even though it was very new. And I remember learning how you two met, that it was… Deb was… had volunteered as a bachelorette at a celebrity auction, and Christin Baker was the highest bidder. Who knew that six years later we would be standing here celebrating this moment with you. It is so wonderful. I remember Deb telling you, you have to wait four seasons and you did. And we all want to share this moment with you. I wish your mom was here, I really do because I know she'd be very proud of the both of you, and the bold steps that you're taking because marriage is a very, very sacred thing. There's a lot of people in the State of Illinois who haven't made it five years. And you have. And I… I just want to tell you how much I appreciate the hurdles ahead and how it is my dream that you could celebrate this in our state, and that your relationship 09600132.doc 59 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 only fortifies my desire to make it happen. God bless you."
Speaker Lyons: "The Gentleman St. Clair, Representative Jackson."
"You know this is out of the ordinary for me to get up, but to the Speaker… to the Ladies and Gentlemen of the House. Deb, Christin, congratulations and best of luck in the future for both of you. And I know you're going to be… it's going to be an excellent relationship."
"The Gentleman from Cook, Representative Greg Harris."
"I rise to a point of personal privilege, Mr. Speaker."
"Please proceed."
"Deb, Christin, you know I got to rise a little bit earlier today and recognize a joyous occasion for Annazette Collins, my seatmate, you know, as we celebrate her birth. A little earlier today the Speaker was able to recognize Mike Zalewski, our colleague… Representative Zalewski and the joys that he has had as a father. And I'm very proud now to be able to get up and also share with you what's a very proud moment for you two, what's a very proud moment for me, but like you said, it's a very bittersweet moment because there are certain legal rights and obligations that the state bestows on some relationships which you will not be able to have even if you should go to Iowa and get married there. You will eventually come back to the State of Illinois where those recognitions are not valid. And I know that each of us, you know, follow our own faith and that every faith, you know, defines the consecration of 09600132.doc 60 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 matrimony in a different way, but we here in this chamber have the responsibility to define the legal definition and the legal rights, responsibilities and the obligations that our families have. And I hope one day that you and I will still both be here when we can celebrate those legal right and responsibilities being shared equally among every family in Illinois. Congratulations on your journey. Thank you."
"Representative Mike Zalewski."
"Thank you, Mr. Speaker. Point of personal privilege."
"Please proceed."
"Deb and Christin, I am really happy for you, I know Carrie's really happy for you. In order to prepare you for what married life is like, we'd like to give you Reese for tonight to enjoy the full benefits of married life and what it's gonna be like. So, we'll… we'll take care of that after the Session today, but I just wanted to extend that opportunity. Congratulations."
"Deb and Christin, on behalf of and all your Members on the House Floor, congratulations and good luck. Back to the Order of Senate Bills-Third Reading, Representative Karen May, you have Senate Bill 3347. Read the Bill, Mr. Clerk."
"Senate Bill 3347, a Bill for an Act concerning safety. Third Reading."
"The Lady from Lake, Representative Karen May."
"Yes, thank you, Speaker and Ladies and Gentlemen of the House. Senate Bill 3347 phases out the sale and 09600132.doc 61 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 distribution of lead and mercury added weights. The new car manufacturers have already phased out using lead and mercury adding to these weights, but there are still some in the after market. So, this initiative of the EPA would gradually phase them out for all motor vehicles. It is really important because lead has been banned from paint, gasoline and other products because it is linked to brain damage and learning disabilities and… and damages to the central nervous system, especially of children. So, this would eliminate what our EPA estimates at 77 tons of lead that fall along our roadsides. Other states, Vermont and Maine have… Washington and California have done this. It was unanimous out of committee, unanimous in the Senate and I believe it's very good public policy to protect our children."
Speaker Lyons: "Recognize the Gentleman from Knox, Representative Don Moffitt."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, we talked to you some about it in committee and there are not opponents to this, is that correct?"
"I'm not aware of any, no."
"And they're all… we do need weights to be able to balance tires, wheels. There are alternatives, is that correct?"
"Yes, there are alternatives. That steel is being used most. You can also use zinc or plastic. I think in committee the EPA said there really weren't any plastic 09600132.doc 62 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 ones, but they told me afterward that there are some of those too. They're readily available; they cost a few cents more."
"But that reduces, obviously, the… the lead pollution problem, and yet, we still have the… a product there that can meet the need of balancing a tire or a wheel?"
"Absolutely."
"Yeah."
"The University of Arizona, I believe, did a study and they… that just… most of these fall off along the roadsides. They're crushed; they get in the dust, and so that everyone, children and everyone, can breathe it."
"Thank you. I appreciate your… your answers."
"Thank you."
Speaker Lyons: "The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I don't see anything in the language… I just want your intent for older trucks, older commercial trucks that are still on the road. My guess is, unless they're changed tires relatively recent… recently, they would have lead weights. There's nothing in this Bill that says by a date certain you must take your vehicle in and have the lead weights removed and the nonhazardous weights put on?"
"You are correct." 09600132.doc 63 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Okay. So it… it's just in the normal course of doing business, then the lead weights would eventually be phased out?"
"Yes. It is… it is a controlled phaseout, taking into account the trucking industry as well as the automobile industry."
"That… that's one of the things I wanted to ask you, Representative. Did the Midwest Truckers or the American Trucking Association express any concerns to you throughout this process?"
"No, they did not."
"Okay. All right. I appreciate it. One of the things I've come to respect about you, Representative, we may often disagree about the efficacy of some Bills, but you… you do your very best to accommodate all parties. In… in these more environmentally conscious times I have found you… that… I have found working with you that you don't want to unnecessarily burden commerce and business, but you want to be forward thinking. And the fact that you're not making this by a date certain I think reflects that concern that you have. And eventually, they'll all be gone probably in five years maybe a little more than that…"
"We… but you don't have to do that."
"And I appreciate the fact that you work with business, you work with industry and you… you do your best to make legislation as cost-benefit positive as you can, and I appreciate that. Thank you."
"Well, thank you. And Senator Steans really orig…" 09600132.doc 64 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Representative, you'll have to do that in your closing. Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." Davis, W.: "Representative, so since we're stop… since we're now going to stop using lead weights as a mechanism to balance tires, obviously currently tires use lead weights. So, as tires…"
"Not new ones… not new ones." Davis, W.: "I'm… hmm?"
"They… they've phased them out in the manufacture of automobiles." Davis, W.: "Okay. Well, I'm talking about what's currently on the road."
"Okay. Yes." Davis, W.: "So, what happens to the lead weights that are currently on the road?"
"They'll… they'll… most of them they say that when a tire is recycled they take off the rim and so it would come off with that." Davis, W.: "I mean, but what happens to the weight?"
"They send it to a recycler." Davis, W.: "What kind of re… I mean, is this something that happens in Illinois? Are they shipped out of state? What kind of recycler are we talking about?"
"I can't honestly say where all the lead recyclers are." Davis, W.: "I mean… well, do you know how they're recycled? Are they burned? Are they buried? What's going to happen to them?" 09600132.doc 65 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"You know what, I know that with other products such as mercury there are retorters in the state and they dispose of it… I mean, they just make sure that it doesn't get in products. Whether it's shipped overseas, I can't honestly say." Davis, W.: "Okay. So… so, you're not sure whether they're dealt with here in the United States or if they're shipped overseas and another country has to deal with them? Is that correct?"
"Yes." Davis, W.: "Okay. I guess my concern is and you know as I've been trying to… to deal with the disposal of environmental waste, while I appreciate desires of the environmental community to take things out of circulation and not use things anymore, but there's also the matter of what happens to those things, I'll call it things, if you will, once they're taken out or in this case as we're talking about lead, and how are they ultimately disposed of? Now, obviously we're gonna probably support what you're trying to do for the overriding environmental impact, but still there's…"
"Representative Davis, your time has expired. We'll give you a couple more seconds to conclude your remarks." Davis, W.: "Thank you, Mr. Speaker. Obviously, we have to figure out what… what happens to them. So I'm concerned about that, about what happens to them. And obviously you said you don't know what happens to them, but that's my 09600132.doc 66 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 concern about what happens to them as they come out of circulation."
"Representative, I share your concerns if this is being dumped in a global market." Davis, W.: "Okay. Thank you very much, Representative."
"Representative Sacia."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, perhaps I could have missed it in the debate that's been ongoing, what… what is the additional cost? I see what it is for trucks. However, if we do away with these weights, these lead weights that are currently being used by service centers, by everybody that mounts tires and I think we all agree that tire mounting or tire balancing is an absolute necessity. What is the additional cost to go from lead weights to another product?"
"Yes, I am told by the Illinois EPA that lead weights can be 5 to 6 cents apiece whereas steel can be 10 to 12 cents. It is pennies. There… I'm also told and certainly I respect your experience in the trucking industry, but I'm told that there are some adhesive ones that are exactly the same price."
"Recognizing that, Representative, what… what is the enforcement? What's going to happen if a… if a trucker from, say, Texas comes through with lead weights on it? Is he or she going to be fined? And… and I don't want to keep this strictly to trucks because automobiles as well. How… what is the enforcement mechanism?"
"I don't believe we have any fines in the Bill." 09600132.doc 67 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"So, we're going to make lead weights go away, but if we continue to install them you will not be fined, is that correct?"
"That's my reading of the Bill, yes."
"Representative, I have great appreciation for your… your greenness if you will and I mean that with all due respect. However, if… if I understood you correctly a lead weight is, let's for the sake of discussion say costs a nickel, a steel weight costs close to a dime, would that…"
"Representative Sacia your time has expired, we'll give you another half a minute or so to conclude your remarks."
"Thank you. I… I'll be brief, Mr. Speaker. Ladies and Gentlemen, to the Bill. We start talking a nickel a tire to millions and millions and millions of tires, I think this is one of those Bills that is just very invasive, very costly to the automotive industry, and is dealing with a problem that though it's… the Sponsor says it's a significant problem. I respect where she's coming from, I just don't see that this is a real priority with all the issues that we're dealing with right now, and I will be voting 'no'. Thank you."
"Representative Fritchey. Representative May to close."
"Yes, thank you. I appreciate being able to answer some of the questions. And I would point out that the auto manufacturers have already converted. We're talking about after life, and it really is something that we should be addressing. Years and years ago we banned lead in paint 09600132.doc 68 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 and gasoline and other products. Our EPA, I thank… I thank them for being well aware of new research that shows that these fall off regularly, creating a health hazard in… in our state and in our country. I ask for an 'aye' vote."
The question is, 'Should Senate Bill 3347 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Rosemary Mulligan. Mr. Clerk, take the record. On this Bill there are 97 Members voting 'yes', 17 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Emily McAsey, you have Senate Bill 3359. Out of the record. Representative Bradley you have Senate Bill 3387. Representative John Bradley. Read the Bill, Mr. Clerk."
"Senate Bill 3387, a Bill for an Act concerning business. Third Reading."
"Representative Bradley."
"Thank you, Mr. Speaker. This is a Bill that would make some changes to the General Not For Profit Corporation Act, adds language that prevents officials action to be taken without member meeting or vote, alters the requirements for a board of directors to take action without a meeting, and creates an exception to clarify that. So, I'd ask for an 'aye' vote."
"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should Senate Bill 3387 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is 09600132.doc 69 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Gabel, Howard, Nekritz. Mr. Clerk, take the record. On this Bill, there's 113 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Kevin McCarthy, you've got Senate Bill 3405. Read the Bill, Mr. Clerk."
"Senate Bill 3405, a Bill for an Act concerning public employee benefits. Third Reading."
"Representative McCarthy."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is a very technical Bill for IMRF. They wanted to remove some very obsolete Sections from their statute, basically having to do with the fact that the collection of Social Security taxes, which they haven't done since January 1 of 1987. Passed unanimously out of committee, passed unanimously out of the Senate, and I would ask for your support."
"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should Senate Bill 3405 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Connie Howard. Mr. Clerk, take the record. On this Bill there's 113 Members voting 'yes', 0 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Ron Stephens, for what purpose do you seek recognition, Sir? Representative Stephens, you're up. Did 09600132.doc 70 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 you have your light on, Representative? Representative Sacia you have Senate Bill 3433. Read the Bill, Mr. Clerk."
"Senate Bill 3433, a Bill for an Act concerning the transfer of real property. Third Reading."
"The Gentleman from Winnebago, Representative Jim Sacia."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. 3433 is a simple transfer from the Department of Natural Resources to the City of Galena for a trail and from DNR to the… to Sangamon County, also for the purposes of a trail. I would be happy to answer any questions."
"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should Senate Bill 3433 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Black, Betsy Hannig. Mr. Clerk, take the record. On this Bill, there's 112 Members voting 'yes', 1 Member voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on the top of page 5, what's the status of Senate Bill 3464?"
"Senate Bill 3464 is on the Order of Third Reading."
"On the request of the Sponsor, move that Bill back to the Order of Second Reading. Representative Phelps, on the top of page 5 under Senate Bills-Third 09600132.doc 71 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 Reading, you have Senate Bill 3494. Read the Bill, Mr. Clerk."
"Senate Bill 3494, a Bill for an Act concerning employment. Third Reading."
Speaker Lyons: "The Gentleman from White, Representative Brandon Phelps."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 3494 is an agreed Bill between business and labor; it passed the Senate 55-0. All we're doing is exempting employers from paying into the unemployment trust fund when employees cannot legally collect the unemployment benefits. I ask for an 'aye' vote."
"You've heard the Gentleman's explanation. Is there any questions? The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I apologize, I was talking to another Representative and I didn't hear your explanation. Just look… looking at a… the quick synopsis here, I think I understand the Bill. You're… you're saying agricultural employers do not have to pay into the UI Trust Fund, is that what you're doing? It… you're just…"
"Correct."
"…clarifying that seasonal agricultural workers are not covered under the Illinois Unemployment Insurance Act?"
"Right."
"Right?" 09600132.doc 72 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"They cannot… they cannot collect unemployment benefits, Representative Black, so therefore, why should the employer have to pay into the trust fund when they can't legally collect the benefits anyway."
"All right. This may be the more… the most business friendly Bill we pass all year."
"Thanks."
"So, it is a clarification, and I know we've argued this in my rural district particularly with contract farms that… that need a lot of hand labor. And there was a question as to whether or not they were covered under unemployment insurance, and this says they are… the agricultural employer is exempt from paying into the fund?"
"Correct."
"Thank you very much."
"Thank you, Representative."
"No one seeking further discussion, the question is, 'Should Senate Bill 3494 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 113 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Kevin McCarthy, you have Senate Bill 3505. Read the Bill, Mr. Clerk."
"Senate Bill 3505, a Bill for an Act concerning finance. Third Reading."
"Representative McCarthy." 09600132.doc 73 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 3505 is an exact duplicate of House Bill 5960, which passed out of our chamber 114-0 about four weeks ago. It basically amends the Metropolitan Civic Center Support Act. It's permissive legislation so that a municipality can look and see if it's worth their while to take over the obligation on the bonds that the state has in order that they will run the civic center in their city unilaterally by themselves. I appreciated your support before and I would appreciate your support on this Senate Bill as well."
"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should Senate Bill 3505 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Dugan, Gordon. Mr. Clerk, take the record. On this Bill, there are 113 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Saviano. Representative McCarthy Senate Bill 3537. Read the Bill, Mr… Out of the record. Representative Frank Mautino, you have Senate Bill 3539. Out of the record. And Mautino, you have 3540. Read the Bill, Mr. Clerk."
"Senate Bill 3540, a Bill for an Act concerning criminal law. Third Reading."
"The Gentleman from Bureau, Representative Frank Mautino." 09600132.doc 74 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Thank you, Mr. Speaker and Members of the House. Senate Bill 3540 is an initiative of the Illinois Probation and Court Services Association. It cleans up several administrative problems with collecting probation fees, requires probation fees shall continue to support the services for crime victims; continues to stress that probation fees shall only be assessed based on ability to pay. Additionally, with the approval of the court system it will allow a greater sharing of information at the local level to curtail violence in schools and assist schools in protecting their students from escalating violence. This Bill passed from the Senate without any dissenting votes and came out of committee unanimous. Be happy to answer any questions."
Speaker Lyons: "You've heard the Gentleman's explanation. Anyone seeking discussion on the Bill? Seeing none, the question is, 'Should Senate Bill 3540 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Currie, Osterman. Representative Currie, would you like to be recorded? Representative Osterman, would you like to be recorded? Mr. Clerk, take the record. On this Bill there's 107 Members voting 'yes', 6 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Al Riley, for what purpose do you seek recognition, Sir?"
"Mr. Speaker, I'd like to report that on the vote for Senate Bill 3265 I'd like to be recorded as a 'yes'." 09600132.doc 75 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"The Journal will reflect your wishes, Sir."
"Thank you."
Speaker Lyons: "Representative Phelps you have Senate Bill 3552. Read the Bill, Mr. Clerk."
"Senate Bill 3552, a Bill for an Act concerning revenue. Third Reading."
"The Gentleman from White County, Representative Brandon Phelps."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 3552 is an initiative of the Mobile Home Owners Association. All this is doing is providing counties designated as disaster areas, they can adopt ordinances postponing the accrual of personal property tax late fees on mobile home owners. This passed the Senate 54-0 and I ask for its passage."
"You've heard the Gentleman's explanation. Are there any questions? Seeing none, the question is, 'Should Senate Bill 3552 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Walker. Mr. Clerk, take the record. On this Bill there's 113 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Lisa Hernandez you have Senate Bill 3568. Read the Bill, Mr. Clerk."
"Senate Bill 3568, a Bill for an Act concerning criminal law. Third Reading."
"Lady from Cook, Representative Hernandez." 09600132.doc 76 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Thank you, Speaker. Senate Bill 3568 is an initiative of the Just Pay for All Campaign. The Department of Labor and the Attorney General have been involved in the drafting of the Bill. The main goal is that it allows for the creation and the… of an administrative procedure within the Department of Labor to resolve small claims under the Act. Currently, such claims take too much time to work through the system because they must be investigated by the Department of Labor and then prosecuted by the Attorney General. The administrative procedure would streamline the process and allow for the efficient resolution of small claims. This is an agreed Bill and the big business interest groups are all agreed on this. This did pass out unanimously from the Senate. So I… I ask for your support."
"You've heard the Lady's explanation. Is there any questions? Seeing none, the question is, 'Should Senate Bill 3568 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Gabel. Representative Sommer. Mr. Clerk, take the record. On this Bill there's 112 Members voting 'yes', 1 Member voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative John Fritchey you have Senate Bill 3584. Out of the record. Representative Brandon Phelps we have Senate Bill 3603. Read the Bill, Mr. Clerk." 09600132.doc 77 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Senate Bill 3603, a Bill for an Act concerning wildlife. Third Reading."
"Representative Phelps."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is my last Bill of the day, so… hey this is a… this passed out of here 107-2. All its doing is if you apply to DNR for an apprentice hunter license it just changes some age restrictions. I ask for an 'aye' vote."
Speaker Lyons: "Any discussion? The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."
"Thank you very much, Mr. Speaker. Inquiry of the Chair."
"State your inquiry, Sir."
"Thank you, Mr. Speaker. I had pre-filed to pick up Senate Bill 3603 because the Senate Sponsor is… is my Senator in my legislative district. And I would like the Chair to rule that Representative Phelps somehow hijacked this Bill. This should be my Bill. I mean, I don't take any pride in authorship or sponsorship, but when it's my Senator who has the Bill and I pre-file, I want to know how Representative Phelps got this Bill? There's obviously been a problem in the Clerk's Office. Perhaps the Clerk could respond?"
"Mr. Clerk, do we have…"
"It's an egregious violation of the House Rules on… on pre-filing."
Speaker Lyons: "Mr. Clerk, do we have dates on Bill… Representative Black, it's the rule of first come, first served from what we understand." 09600132.doc 78 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"I… I was first. I pre-filed before Senator Frerichs even filed the Bill in the Senate. I knew he was gonna do it. All right. All right. I won't… I tell you, this place just isn't run the way it used to be. I know when Gary LaPaille was here, these things didn't happen. But I… I'll tell you, if I can't Sponsor it, Representative, I can't think of anybody I'd rather see Sponsor one of Senator Frerichs Bills than you. I… I intend to vote for the Bill because I can't tell you how many sleepless nights I've had knowing that we didn't have an apprentice hunter's law on the books. Now we're finally gonna get that apprentice hunter and then we'll have a journeyman hunter and who knows where we can go from there."
"Representative Phelps to close."
"With such an experienced Legislator, Representative Black, we didn't think you needed to do an apprentice Bill. I ask for 'aye' vote."
Speaker Lyons: "The question is, 'Should Senate Bill 3603 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Lang. Mr. Clerk, take the record. On this Bill, there's 113 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bills-Third Reading, Ladies and Gentlemen, starting on the top of page 6, Representative Linda Chapa LaVia. Representative Chapa LaVia in the Chamber? Representative Riley. Representative 09600132.doc 79 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 Riley you have Senate Bill 3666. Read the Bill, Mr. Clerk."
"Senate Bill 3666, a Bill for an Act concerning revenue. Third Reading."
"Representative Riley."
"Thank you, Mr. Speaker, Members of the House. Senate Bill 3666 will allow a homeowner who already receives the disabled veterans standard homeowner… standard homestead exemption to keep that exemption if he or she becomes a resident of a nursing home or veterans home. And this is so long as the recipient's spouse continues to live in the house or the recipient continues to own the home, and I think this is a good Bill. I request an 'aye' vote."
"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should Senate Bill 3666 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On the Bill, there's 113 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mike Smith, you have Senate Bill 3699. Representative Smith. Read the Bill, Mr. Clerk."
"Senate Bill 3699, a Bill for an Act concerning education. Third Reading."
Speaker Lyons: "The Gentleman from Fulton, Representative Smith." 09600132.doc 80 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Thank you, Mr. Speaker, Ladies and Gentlemen. This legislation would create the Community College Transfer Grant Program. And it would provide financial assistance to eligible students who have received an associate's degree at a public community college in the state, and have demonstrated financial need for the costs of attending a private… a public or private institution of higher ed in the state; transfer student seeking a bachelor's degree at either a public or private institution. This is a grant eligibility criteria would include the requirement that they maintain at least a 3.0 cumulative grade point average, and the program would be administered by the Student Assistance Commission. The amount of the grant would be fixed at $1,000 per year, and this would be, of course, subject to appropriation. I'd be happy to answer any questions."
Speaker Lyons: "The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, this is subject to appropriation, correct?"
"Yes, it is."
"All right. Thank you very much. Mr. Speaker and Ladies and Gentlemen of the House, to the Bill, and in all due respect to the Sponsor… and he and I have a great affection for our community college system. I believe it's the light cavalry of higher education in our state, and 09600132.doc 81 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 we're certainly not funding it to anywhere near the level we should. However, my… my concern is that we have a tendency in… in the House and the Senate to make tuition grants available or Monetary Award Program grants available and we often make them subject to appropriation, and just as frequently, we don't fund them. We don't do the appropriation. When I first came down here, the merit scholar program, I think those are kids in the upper five percent of their high school class, would get a $1,000 grant to attend a in-state school. That hasn't been funded in at least 10 years, maybe longer than that. This grant, while I… I appreciate and understand and support the concept behind it, I… I'm afraid just becomes another grant program that we… that we won't fund, and we send out messages of false hope. And our community college students are some of the ones that rely most heavily on financial aid, particularly if they want to transfer, because they're not always the traditional 19 or 20-year-old college student, many of them are adults who have gone back to school and they count on financial aid very heavily. I… I just in good conscience can't vote for this Bill. It's subject to appropriation. We all know we don't have the money, and I don't want to put something out there in the community colleges that I represent where somebody has hope that we'll fund it and I just don't see us able to do that in the next three or four years. And I don't want to put in statutes another financial aid Bill that we cannot or in some cases will not, as we do in the merit scholar program, fund. So…" 09600132.doc 82 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Representative, give you a couple more seconds to finish your remarks."
"Thank you, Mr. Speaker. I certainly don't quarrel with the… the Gentleman's intent, I certainly don't quarrel with the fact the need is there. I'm just afraid that we are not going to have any money to appropriate. We put another grant program on the books that the students will then go to my good friend Representative Smith or go to my replacement or any of you and say, well, you've got this grant that I need in the law, where's the money? And I think we know that in the next few years we're not gonna have any money to do it, so I'd prefer just simply to vote 'no' so I can look people in the eye in the time I have left in the General Assembly and say, look great idea. If I thought we had any chance of funding it in the near future I would have voted 'yes', but I don't think we do and that's why I intend to vote 'no'."
"Representative Smith to close."
"Thank you, Mr. Speaker and Ladies and Gentlemen. I certainly appreciate the previous speaker's comments. However, I… I think that this legislation recognizes the success of the two plus two programs that our community colleges have entered into quite successfully with our four-year institutions, and I certainly intend to work for funding of this grant program along with the merit scholar program when the appropriate time arises that we can do so and… and hopefully find ourselves in a better fiscal condition than we do currently, but I would ask for your 'aye' vote to create this program to send a message to the 09600132.doc 83 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 community college students in the State of Illinois who are interested in a four-year degree that we do support them in that effort, and that we will do so through the creation of this grant program. I'd ask for your 'aye' vote."
Speaker Lyons: "The question is, 'Should Senate Bill 3699 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Joyce. Watson. Mr. Clerk, take the record. On this Bill, there's 68 Members voting 'yes', 44 voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Farnham on the floor? Mr. Clerk, we have Senate Bill 3705. Read the Bill."
"Senate Bill 3705, a Bill for an Act concerning education. Third Reading."
"The Gentleman from Cook, Representative Keith Farnham."
"Thank you, Chair and Members of the House. Senate Bill 3705 pertains to the College and Career Readiness Pilot Program. It's a three-year pilot program implemented in 2007. The program, community colleges partner with their local public high schools and evaluate high school student's performance on the ACT in their junior year. They mentor students and bring them up to speed. It would extend the pilot program for another three years and allow seven more community colleges or as many as there are allowed by the available funding to be included in the program. I would urge an 'aye' vote." 09600132.doc 84 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"You've heard the Gentleman's explanation. Are there any questions? The Chair recognizes the Lady from Cook, Representative Rosemary Mulligan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Does extending this program only pertain to the colleges that are currently participating?"
"No, there are also seven more colleges added to it."
"Could you recite all the colleges that this pertains to, please?"
"Could I cite the seven more…"
"Yes. I see…"
"…the fourteen…"
"…on our analysis, Moraine Valley Community College, Southwestern Illinois College, Shawnee Community College, John A. Logan College, which I guess is slash also Shawnee, South Suburban College, Kankakee Community, the College of Lake County, were added in the third year. So who are the original colleges and who's benefitting from this?"
"I don't have it in the original analysis, no."
"Would you know if any… if it would be Oakton, Harper or Triton would participate in any of these?"
"Honestly, I'm not sure. I know that this is supported by the Community College Presidents, ICCB, City Colleges, ISAC. It's overwhelmingly supported."
"Well, not overwhelmingly if some of us want to know if our community colleges are included. That would make it overwhelming." 09600132.doc 85 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Well, my community college is not included on this either. But I think that it's a good Bill, it's a good pilot program and I think it deserves to have an 'aye' vote."
"And how much does it cost?"
"It's subject to appropriation."
"It's kind of like when we said the veterans could go there and we didn't give them the money right away?"
"I'm sorry, I didn't… I couldn't understand what you said?"
"We had community colleges take over the veterans and then we didn't pay…"
"Representative, your time has expired. We'll give you another minute to finish your question."
"…and then we had to go back in order to get them to get the money, otherwise, local taxpayers and community colleges would pay for it. This is subject to appropriation in their part of the program, but community colleges are largely supported by local taxpayer dollars besides the fees that are extended. And I'm interested in what colleges are covered which you can't tell me. And then the other part of it is, it's another $750,000 to be appropriated, so if it's not appropriated, I'm not quite sure what happens."
"Representative Farnham to close."
"I think that this is a very good program. My community college is not part of this program. I agree. I would love to have my community college part of this program, but the fourteen colleges that are, it's a good 09600132.doc 86 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 program. Anytime that we can identify students that are struggling as early as in their junior year in high school before they get into the community college, is going to save our communities money, save the colleges money and it's going to have them better prepared once they get there. I urge an 'aye' vote."
Speaker Lyons: "The question is, 'Should Senate Bill 3705 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Brady, Representative Cole. Mr. Clerk, take the record. On this Bill, there's 82 Members voting 'yes', 30 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mike Smith, on page 6 of the Calendar, you have Senate Bill 3722. Read the Bill, Mr. Clerk."
"Senate Bill 3722, a Bill for an Act concerning local government. Third Reading."
"The Gentleman from Fulton, Representative Mike Smith."
"Thank you, Mr. Speaker. This Bill is an initiative of the Office of the State Fire Marshal, and basically, it expands the number of fire departments which would be included under the fire protection of unprotected areas. Currently, there are a number of areas… pockets throughout the state that are not covered by fire protection either through a municipal department or through a fire protection district. And this would enlarge the number of fire departments that could be assigned by the State Fire 09600132.doc 87 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 Marshal to serve an area that is unprotected in the event of a fire. The law already allows for that department to recover their costs in such a situation, and this simply allows the Fire Marshal to address some of the areas that are unprotected today throughout the state, that they don't have the statutory ability to do so. I know of no opposition. Again, it's an initiative of the State Fire Marshal's Office, passed out of the Senate 55-0 and was recommended by the Fire Services Committee unanimously. I'd be happy to answer any questions."
"You heard the Gentleman's explanation. No one seeking recognition, the question is, 'Should Senate Bill… Representative Bill Black."
"Thank you, Mr… thank you, Mr. Speaker. One moment, if I could. Thank you very much, Mr. Speaker."
"Mr. Black, are you ready to go?"
"Will the Sponsor yield?"
"Sponsor yields."
"Representative, I thought some years ago… five, six, seven years ago we passed legislation that said by a date certain all territory in the State of Illinois, not then covered under either a fire protection district, municipality or whatever, would have to be annexed into an existing district or municipal fire department? And I was… I was talking with Representative Moffitt, he thought we did the same thing, so, I thought this unprotected territory had been taken care of in… in prior legislation?"
"Representative Black, I'm not aware of that. I would certainly defer to your memory and the… and Representative 09600132.doc 88 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 Moffitt's. We like to call him Chief Moffitt because I think he's an honorary fire chief now. Perhaps…"
"Would you be…"
"…perhaps we could take this out of the record and get that clarified."
"Yeah, if you'd be willing to do that, maybe we could get a hold of the Fire Marshal. Because I… I'm thinking of one fire protection district in my legislative district that did annex considerable territory because of…"
"I know…"
"…of a mandated… you had to be in a fire protection district, but maybe there was something that I've… I've overlooked, and maybe the Fire Marshal could help up out and I think…"
"We'll get that clarified."
"I think Representative Moffitt is trying to get that now. We appreciate your cooperation. Thank you."
"Thank you. Mr. Speaker, I would like to take this out of the record to get that clarified on behalf of Representative Black."
"So noted. Mr. Clerk, take that Bill out of the record. Representative Deb Mell, you have Senate Bill 3732. 3732. Out of the record. Representative Fritchey… Representative Fritchey on the floor? Representative Frank Mautino you have Senate Bill 3762. Is Representative Mautino on the floor? Representative Esther Golar. Is Esther Golar on the floor? Representative Golar you have Senate Bill 3780. Out of the record. Mr. Clerk, 09600132.doc 89 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 Representative Barbara Flynn Currie has Senate Bill 3646. Read the Bill, Mr. Clerk."
"Senate Bill 3646, a Bill for an Act concerning revenue. Third Reading."
Speaker Lyons: "The Chair recognizes the Majority Leader, Barbara Flynn Currie."
"Thank you, Speaker and Members of the House. Last Session or last year, we made a change in the tax law that inadvertently meant that certain kinds of business organizations were going to be double taxed under the personal property replacement tax. This measure takes care of that problem and ensures that going forward these organizations would not be double taxed for purposes of the replacement tax. I know of no opposition. I'd be happy to answer your questions."
"You've heard the Lady's explanation. Is there any discussion? Seeing none, the question is, 'Should Senate Bill 3646 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Sara Feigenholtz, would you like to be recorded? Mr. Clerk, take the record. On this Bill there's 113 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Chapa LaVia, did you wish to call Senate Bill 3635? Senate Bill 3635? Read the Bill, Mr. Clerk."
"Senate Bill 3635, a Bill for an Act concerning education. Third Reading." 09600132.doc 90 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"The Lady from Kane, Representative Linda Chapa LaVia."
"Speaker, can we move back… that back to Second? We're waiting for a Floor Amendment on that. I'd appreciate it."
"Mr. Clerk, on the request of the Sponsor move that Bill back to the Order of Second Reading. Representative Lang, you have Senate Bill 3797. Read the Bill, Mr. Clerk."
"Senate Bill 3797, a Bill for an Act concerning criminal law. Third Reading."
"The Chair recognizes the Gentleman from Cook, Representative Lou Lang."
"Thank you, Mr. Speaker, Ladies and Gentlemen. Senate Bill 3797 has two recommendations, one from the CLEAR Commission and one from the Illinois Retail Merchants. This involves retail theft. The idea from the retail merchant is to aggregate small thefts that are all committed within one year to create a… a higher level of… of charge. And the recommendation from the CLEAR Commission deals with the same issue and talks about changing the thresholds for theft and retail theft, which were last adjusted over 35 years ago. I know of no opposition to the Bill."
"You've heard the Gentleman's explanation. Is there any discussion? The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."
"Thank you very much, Mr. Speaker. The Sponsor yield?"
"Sponsor yields." 09600132.doc 91 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Representative, as a non-attorney I just have one question. To me, theft is theft. Whether you reach a certain level of theft; whether you steal an item worth $5 or as you've raised the limit here up to $500 becomes a Class A misdemeanor, what happens if you, by virtue of deceptive practice or retail theft or shoplifting, take something worth only $100? Surely you're still prosecuted, are you not?"
"Well, you're still prosecuted, Sir, but under our prior laws there were lower limits, and so as the values of things increase it… it has exponentially changed the value…"
"Okay."
"…of that dollar amount. So, they're increasing these dollar amounts so that a simple shoplifting of an item $100 or $150, doesn't lead to really a bigger crime than it ought to be."
"All right. So, could be handled… could a theft of… of the magnitude that you just said, 100 or $150, can that be handled in a municipal court where you wouldn't have to go before the circuit judge, you couldn't demand a jury trial? I… I think if I'm looking at this correctly the object is to speed up the prosecution and not have the court calendar clogged with 21 cases of retail theft that average $25.90?"
"That's correct, Sir. And this doesn't change whatever the current course of…"
"Okay."
"…conduct is."
"All right." 09600132.doc 92 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"So, if… if municipal administrative hearings can deal with these now, this won't change that."
"Okay. Fine. Thank you very much."
"Thank you."
"The Chair recognizes the Lady from Grundy, Representative Careen Gordon." Gordon, C.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." Gordon, C.: "Representative Lang, this doesn't just deal with retail theft it also deals with straight theft from a person, is that correct?"
"Yes, that's correct." Gordon, C.: "And a couple of years ago you had just the Bill of theft from a person in front of the Criminal Law Committee, is that right?"
"I did." Gordon, C.: "And… and it was this same Bill increasing the current threshold from 300 to 500 and just making that a Class A misdemeanor, didn't you?"
"I didn't write this Bill. I think I wrote…" Gordon, C.: "Not… not relevant, Representative. Could you answer the question that I asked?"
"The answer… Well, I recall a Bill and I recall you didn't like it…" Gordon, C.: "And the Bill…"
"…but I don't know that this is the same Bill. This Bill came to me from the CLEAR Commission who's been studying this issue, Representative." 09600132.doc 93 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 Gordon, C.: "Well, as someone younger than you, I remember that it was the same Bill actually, Representative."
"Thank you very much." Gordon, C.: "And that… that Bill died in committee, didn't it Representative?"
"I believe it died on the floor." Gordon, C.: "Well, either way it died a slow, painful…"
"So, maybe you don't remember as much as you think you do about this." Gordon, C.: "It died a slow, slow, painful, painful death, Representative, that you carried in this House of Representatives."
"Representative, this is not my first Bill." Gordon, C.: "I understand that. But… so why are we making it just because of inflation giving a gift to thieves in the State of Illinois? Why are we doing this? Just because of inflation they get to steal the same thing and only get to be charged with a misdemeanor instead of a felony because of inflation."
"I don't really have a response to your question, Representative." Gordon, C.: "Exactly. To the Bill, Ladies and Gentlemen. Why give a gift to the thieves in the State of Illinois because of inflation when they get to steal the same thing. Vote 'no' Representatives because while the CLEAR Commission did a very, very good job, this is not a good recommendation. I would recommend a 'no' vote. Thank you."
"The Chair recognizes the Gentleman from DuPage, Representative Dennis Reboletti." 09600132.doc 94 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative Lang, you said that this code hasn't been changed since how long ago?"
"I can't hear you, Sir."
"Speaker…"
"Representative Reboletti?"
"…order please?"
Speaker Lyons: "Ladies and Gentlemen, this is a serious discussion going on. We're going to ask for… bring down the noise on the floor, please. Thank you. Dennis, is that better?"
"Leader… thank you, Speaker. Leader, you talked about some thirty-some odd years, it's almost been 40 years since this number's been changed. Is that… I think it's 1961, is that fair to say?"
"That's sounds right, Sir."
"And obviously, inflation has moved up since 1961?"
"I believe we've had inflation since 1961, Sir."
"And that in a situation when you charge people that $151 would qualify today as a felony, right?"
"That is correct, Sir."
"This would only move it up to $300?"
"That is also correct, Sir."
"And it wouldn't take discretion away from $500? It wouldn't take discretion away from prosecutors to seek a felony or the misdemeanor if it went over the threshold?"
"It… it takes no discretion away from prosecutors, it just simply accounts for inflation." 09600132.doc 95 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"I… I think that for… for too long now that this number has been a little too low. I've dealt with these cases before. Usually it's younger people who make mistakes, and I think that this still gives the prosecutor an option if you have a series of aggregate offenses where they're going into five different stores or stealing $25, $50; you can still add those numbers together to… to raise it up. I… I think that many prosecutors would agree with you, Leader, that this number has been a little bit too low. And I would urge an 'aye' vote."
Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Rosemary Mulligan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, what does this do to a value of a check… a bad check?"
"It… if it… I don't think it changes that at all, Representative."
"All right. Because my… my question is, that in the casinos, they hire people to do the check cashing. And they routinely cash checks for around $300, which is not big theft, $500 was big theft at that point for check cashing where they could go after them. And then when you go after somebody for $500, it's more dollar for dollar. When you go after them for $300, it turns out to be a thousand by the time they tack on all the different things that it costs to go after them, the cost where it didn't…" 09600132.doc 96 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Representative, the Bill refers to the value of the property stolen not all the additional charges. The value of the property stolen."
"So… so, what would it be then if you kited a check for $300 as opposed to $500? Is that going up or is it going down?"
"I'm not sure I understand your question in the context of the Bill, Representative?"
"Well, giving someone a bad check is eventually theft of their money. If they hand you $300 and you give them a check that… it bounces, it's not worth $300. Is it… what type of crime is it?"
"So, restate your question, Representative?"
"What is the penalty for cashing a bad check for $300 as opposed to $500? If you're raising the value, currently $300 was a threshold…"
"Representative Mulligan, your time expired, but we'll certainly give you another minute to finish your line of questioning."
"So, Representative, I understand… my understanding that is a prosecutor would charge that under deceptive practices not under theft. And that wouldn't be covered by this Bill."
"All right. Thank you."
Speaker Lyons: "No one seeking further discussion, Representative Lang to close."
"Oh, we've heard enough. Vote 'aye'."
Speaker Lyons: "The question is, 'Should Senate Bill 3797 pass?' All those in favor signify by voting 'yes'; those 09600132.doc 97 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Representative Walker. Dunkin. Mr. Clerk, take the record. On this Bill, there's 85 Members voting 'yes', 27 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Lang, don't sit down, Senate Bill 3800. Read the Bill, Mr. Clerk."
"Senate Bill 3800, a Bill for an Act concerning criminal law. Third Reading."
"Deputy Majority Leader, Lou Lang."
"Thank you, Mr. Speaker. Senate Bill 3800 amends the current crime of tampering with public records to provide greater penalties. I ask your support."
"You've heard the Gentleman's explanation? Is there any discussion? Seeing none, the question is, 'Should Senate Bill 3800 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Dunkin, Rose. Mr. Clerk, take the record. On the Bill, there's 112 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Representative Frank Mautino has Senate Bill 3762. Representative Mautino. Representative Mautino. Senate Bill 3762. Read the Bill, Mr. Clerk."
"Senate Bill 3762, a Bill for an Act concerning regulation. Third Reading."
"Representative Frank Mautino." 09600132.doc 98 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Thank you. Ladies and Gentlemen, Senate Bill 3762 has to do with… the changes we have made are to accelerate the payments under our Medicaid program. We are expecting that the additional dollars for Medicaid will continue on through the end of the year, but the Federal Government has not approved that yet. So, the language is in place that once we receive that we can go ahead and front-load the Medicaid dollars. Know of no opposition and be happy to answer any questions."
"You heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should Senate Bill 376… Representative Coulson on a question."
"Representative, could you just explain what exactly this does? Are we moving payments up, back? This seems to have some budget implications that I'm… implications?"
"Sure. The… and this is the language that's necessary to accelerate our payments up and our vouchers up through December where the advanced, the… excuse me, advanced FMAP monies were supposed to end. The Bill, as it's amended, has… says that, basically, when that money comes through, then we'll be able to extend those payments throughout the end of the fiscal year."
"So, it's only for Medicaid payments, it's not for any other group that might have… already be in a delayed payment cycle?"
"I believe this is just the… the FMAP. It's the enhanced match program so we can maximize the dollars available to the state. It will help with community mental 09600132.doc 99 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 health billing, maximizing federal revenue, third party liability recoveries, implementation and I believe there is a… there's an Amendment. Mr. Chairman, I'm just informed there is a new Amendment that's been agreed to as well, so I'm gonna need to take that back to committee. Can you take this Bill from the record?"
"Okay."
"Representative Mautino, do you wish to move that Bill back to the Order of Second Reading?"
"Yes, please move the Bill back to the Order of Second Reading."
"Mr. Clerk, we'll take that Bill out of the record and move it back to the Order of Second Reading at request of the Sponsor. On the Order of Second Readings on page 7, Representative Brandon Phelps, you have Senate Bill 575. Do you wish to move that Bill? What's the status of the Bill, Mr. Clerk?"
"Senate Bill 575, a Bill for an Act concerning local government. Second Reading of this Bill. No Committee Amendments. However, Floor Amendment #1, offered by Representative Phelps, has been approved for consideration."
"Representative Phelps on the Amendment."
"Yeah, thank you. The Floor Amendment is… to do with Representative Bost's and my Union County and Jackson County Port and we're trying to help them out. And actually what the main Bill does is creates the Alexander- Cairo Port District. As you know, Cairo is one of the most 09600132.doc 100 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 poorest cities in the… in the state, and we're just doing everything we can to help them."
"The Chair recognizes the Gentleman from Cook, Representative Fritchey."
"Inquiry of the Chair. The… the Gentleman clearly said earlier that he was done talking for today, and I… you know, I thought I was not going to have to listen to his twang. I had to hear it all last night and I thought we were done for the day."
Speaker Lyons: "That was his Third Order Reading, Representative."
"Well, I was just…"
Speaker Lyons: "Now, we're on Second Readings for Representative Phelps."
"You know, I would just hope that in the future…"
"This is Representative Phelps is… Representative Phelps…"
"He wouldn't get our hopes up and have…"
"Representative Phelps is talking so much today, he thinks he's Representative Fritchey."
"Touché, Mr. Speaker."
"Seeing no further discussion, Representative Phelps moves for the adoption of Amendment #1. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed." 09600132.doc 101 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Third Reading. Representative Nekritz, on the bottom of page 7 on the Order of Second Reading, you have Senate Bill 941. Status of that Bill, Mr. Clerk."
"Senate Bill 941 has been adopted a second… or has been read, a correction, and read a second time, previously. Floor Amendment #5, offered by Representative Nekritz, has been approved for consideration."
"Representative Elaine Nekritz on Amendment #5."
"Thank you, Mr. Speaker. House Amendment 5 to Senate Bill 941 has to do with the Regional Transportation Authority Working Cash Fund. That has been at the same limit for… of $100 million for many, many years. And this is seeking to raise that limit to $400 million."
"You’ve heard the Lady's explanation? Is there any discussion? Seeing none, all those in favor of the adoption of Floor Amendment #5 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. Floor Amendment #5 is adopted. Anything further, Mr. Clerk?"
"No further Amendments have been approved for consideration. No Motions filed."
"Third Reading. What's the status of Senate Bill 851? Representative Yarbrough, Senate Bill 851."
"Senate Bill 851 has been read a second time, previously. Floor Amendment #1 was referred to the Rules Committee, but not yet reported out."
"Third Reading. Representative Emily McAsey has Senate Bill 1369. What's the status of that Bill, Mr. Clerk?" 09600132.doc 102 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Senate Bill 1369 has been read a second time, previously. Floor Amendment #3, offered by Representative Howard, has been approved for consideration."
"Any… are there any pending Amendments on that Bill, Mr. Clerk?"
Clerk Mahoney: "Floor Amendment #3 has been recommend be adopted. No other Amendments are pending."
"Take that Bill out of the record, Mr. Clerk. The Chair recognizes Majority… Majority Leader Barbara Flynn Currie."
"Thank you, Speaker. Could the record please reflect that for the remainder of the day, Representative Miller should be reported as excused?"
Speaker Lyons: "The Clerk will so note. Representative Holbrook, on the Order of Second Readings, you have Senate Bill 2093. What's the status of that Bill, Mr. Clerk? Mr. Clerk, take that Bill out of the record at the request of the Sponsor. Out of the record. Representative John Fritchey, Senate Bill… Out of the record. Representative Reboletti, you have Senate Bill 2350. Representative Reboletti, Senate Bill 2350. Read the Bill, Mr. Clerk."
"Senate Bill 2350, a Bill for an Act concerning revenue. Second Reading of this Senate Bill. No Amendments. No Motions filed."
"Third Reading. Mr. Clerk, what's the status of Senate Bill 2499?"
"Senate Bill 2499, a Bill for an Act concerning education. Second Reading. No Amendments. No Motions filed." 09600132.doc 103 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Hold that Bill on the Order of Second Reading. Representative Danny Reitz, on the Order of Senate Bills- Second Readings, you have Senate Bill 2525. Representative Dan Reitz. Out of the record. Representative Walker you have Senate Bill 2551. Out of the record. Representative Emily McAsey, you have Senate Bill 3028, do you wish to move that Bill? What's the status of that Bill, Mr. Clerk?"
"Senate Bill 3028, a Bill for an Act concerning criminal law. Second Reading. No Amendments. No Motions filed."
"Third Reading. Leader Lou Lang, you have Senate Bill 3044. Out of the record. Representative Mary Flowers, Mary Flowers on the floor? Representative Bob Flider, Representative Flider? Representative Flider, you have Senate Bill 3093, do you wish… out of the record. Representative Patti Bellock, on the Order of Second Reading you have Senate Bill 3129. Out of the record. Out of the record. Representative Will Burns. Representative Will Burns on the floor? Representative Burns, you have Senate Bill 3146 on the Order of Second Reading. Representative Burns, do you wish to move Senate Bill 3146? What's the status of that Bill, Mr. Clerk?"
"Senate Bill 3146, a Bill for an Act concerning gaming. Second Reading. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Randy Ramey, you have, on the Order of Second Reading, Senate Bill… Senate Bill 3176. Read the Bill, Mr. Clerk." 09600132.doc 104 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Senate Bill 3176, a Bill for an Act concerning sex offenders. Second Reading. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Sandy Pihos on Senate Bill 3180. Out of the record. Representative Kevin McCarthy, you've got Senate Bill 3281. Kevin, you want to… it's on the Order of Second Reading? Out of the record. Representative Pat Verschoore, on the Order of Second Reading on page 10 of the Calendar, you have Senate Bill 3288. Representative Verschoore. Representative Pat Verschoore. Read the Bill, Mr. Clerk."
"Senate Bill 3288, a Bill for an Act concerning State Government. Second Reading. No Amendments. No Motions filed."
"Third Reading. Representative Danny Reitz you have Senate Bill 3344, Representative Reitz. 3344, Dan, do you wish to move that Bill? Out of the record. Mr. Clerk, what's the status of Senate Bill 3418?"
"Senate Bill 3418, a Bill for an Act concerning professional regulation. Second Reading. No Amendments. No Motions filed."
"Hold that Bill on the Order of Second Reading. Representative Jehan Gordon, you have Senate Bill 3543. Representative Gordon, you have Senate Bill 3543 on the Order of Second Reading, do you wish to move that Bill to Third Reading. Read the Bill, Mr. Clerk."
"Senate Bill 3543, a Bill for an Act concerning children. Second Reading. No Amendments. No Motions filed." 09600132.doc 105 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
Speaker Lyons: "Third Reading. Representative… what's the status, Mr. Clerk of Senate Bill 3576?"
"Senate Bill 3576, a Bill for an Act concerning finance. Second Reading. No Amendments. No Motions filed."
"Hold that Bill on the Order of Second Reading. Representative Roger Eddy, you have Senate Bill 3610 on the Order of Second Reading. Out of the record. Representative Mike McAuliffe, you have Senate Bill 3637. Read the Bill, Mr. Clerk."
"Senate Bill 3637, a Bill for an Act concerning regulation. Second Reading. No Amendments. No Motions filed."
"Third Reading. Representative Roger Eddy, you have Senate Bill 3681. Read the Bill, Mr. Clerk."
"Senate Bill 3681, a Bill for an Act concerning education. Second Reading. No Amendments. No Motions filed."
"Third Reading. Mr. Clerk, what's the status of Senate Bill 3749?"
"Senate Bill 3749, a Bill for an Act concerning local government. Second Reading. No Amendments. No Motions filed."
"Hold that Bill on the Order of Second Reading. Mr. Clerk, what's the status of Senate Bill 3047?"
"Senate Bill 3047, a Bill for an Act concerning health care. Second Reading. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Flowers, has been approved for consideration." 09600132.doc 106 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Representative Flowers on Floor Amendment #2."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #2 would merely add hospitals and unions to the Bill."
"You've heard the Lady's explanation on the Amendment. Is there any discussion? Seeing none, all those in favor of its adoption signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and Floor Amendment #2 is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Toni Berrios, on page 7 of the Calendar, under Senate Bills-Second Readings, you have Senate Bill 387. Read the Bill, Mr. Clerk."
"Senate Bill 387, a Bill for an Act concerning State Government. Second Reading. No Amendments. No Motions filed."
"Third Reading. Representative Kevin Joyce, you have Senate Bill 3588 on the Order of Second Reading. Read the Bill, Mr. Clerk."
"Senate Bill 3588, a Bill for an Act concerning employment. Second Reading. No Amendments. No Motions filed."
Speaker Lyons: "Third Reading. Ladies and Gentlemen, on Supplemental Calendar #1 we have some Senate Bills on Second Reading which we'll be asking Members to move the Bills to Third Reading, if they so choose. And the first one is… Mr. Clerk, what's the status of Senate Bill 375?" 09600132.doc 107 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Senate Bill 375, a Bill for an Act concerning State Government. Second Reading. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Hold that Bill on the Order of Second Reading. Representative Mike Smith, you have Senate Bill 2497. Read the Bill, Mr. Clerk."
"Senate Bill 2497, a Bill for an Act concerning government. Second Reading. No Amendments. No Motions filed."
Speaker Lyons: "Third Reading. We have Senate Bill… Representative Hoffman, you have Senate Bill 2556. Out of the record. Representative Chapa LaVia, you have Senate Bill 3117 on the Order of Second Reading. Read the Bill, Mr. Clerk."
"Senate Bill 3117, a Bill for an Act concerning education. Second Reading. No Amendments. No Motions filed."
"Third Reading. Representative Karen May, you have Senate Bill 3346. Karen May, on Second Reading you have Senate Bill 3346. Read the Bill, Mr. Clerk."
"Senate Bill 3346, a Bill for an Act concerning safety. Second Reading. No Amendments. No Motions filed."
"Third Reading. Representative Jehan Gordon, you have Senate Bill 3389. Representative Gordon. Jehan Gordon. Read the Bill, Mr. Clerk." 09600132.doc 108 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Senate Bill 3389, a Bill for an Act concerning criminal law. Second Reading. No Amendments. No Motions filed."
"Third Reading. Representative Marlow Colvin. Is Representative Colvin on the floor? Out of the record. On the Order of Resolutions, Representative Brauer, you have House Joint Resolution 105. Representative Rich Brauer. Read the Resolution, Mr. Clerk."
"House Joint Resolution 105 designates barn 13 at the Illinois State Fairgrounds… barn 13 at the Illinois State Fairgrounds in Springfield as the J. Garrett and John T.(sic-J.) Tolan barn in recognition of contributions of J. Garrett and John Tolan to agriculture in the state."
"Representative Brauer on House Joint Resolution 105."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, this Resolution is for a father/son that raised Angus cattle well over 100 years, was very active with the showing out at the fairgrounds, and it's an appropriate way to recognize their contributions to the state."
Speaker Lyons: "You've heard Representative Brauer's discussion. All those in favor of the adoption of House Joint Resolution 105 should 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 Currie and Howard. Mr. Clerk, take the record. 111 Members voting 'yes', 0 voting 'no'. House Joint Resolution 105 is adopted. Representative John 09600132.doc 109 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 Bradley you have House Resolution… House Joint Resolution 114. Read the Resolution, Mr. Clerk."
"House Joint Resolution 114 designates a portion of Herrin Road/County Road 2 between Interstate 57 and Highway 149 as the U.S.M.C. Private Joseph W. Ozbourn Memorial Highway."
"Representative Bradley."
"Thank you, Mr. Speaker. This is a request of folks down in my area. Private Ozbourn was killed in combat and we would like to dedicate this road in his honor. The locals are also dedicating a portion of an adjoining road in his honor, and we'd like to name it the Private Ozbourn Memorial Highway. Ask for an 'aye' vote."
"All those in favor of the adoption of House Joint Resolution 114 should 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 Carberry. Mr. Clerk, take the record. On this there's 111 Members voting 'yes', 0 voting 'no'. And House Joint Resolution 114 is adopted. Representative Black, you have House Resolution 1000. Read the Resolution, Mr. Clerk."
Clerk Mahoney: "House Resolution 1000 urges the Illinois Department of Natural Resources to cooperate and coordinate with the Illinois Greenways and Trails Commission in order to develop a model heritage water trail plan as well as a national heritage waterways and other high quality recreational waterway trails and recreational opportunities." 09600132.doc 110 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Representative Black."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I appreciate the cooperation I've received from the Department of Natural Resources on this Resolution. Much to my surprise, I found out last summer that if… if you're canoeing or boating, not with a motor, just drifting down a river in Illinois and it isn't a navigable stream or on the rivers list, you have to have permission of all the landowners whose property you pass. I thought that was a somewhat difficult task. You'd have to get a plat book. You may have to… to go five miles down the North Fork River. I found out I'd have to get about 92 landowners' permission. So, I filed legislation to correct that. The Farm Bureau did not like the legislation and I respect them. The Department of Natural Resources did not like the legislation, so I respect them. So, this is our compromise. It's a House Resolution to where DNR will work with this council; try to figure out a way to open up more of our waterways for recreational, non-motorized boating. And I'll be more than happy to answer any questions that you have."
"You've heard Representative Black's discussion on House Resolution 1000. Seeing no discussion, all those in favor of the adoption of House Resolution 1000 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and House Resolution 1000 is adopted. Representative Darlene Senger, you have House Resolution 1006. Read the Resolution, Mr. Clerk." 09600132.doc 111 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"House Resolution 1006 urges the Comptroller to make payments to school districts for mandated categorical services by program when funding is available rather than paying for all programs on a quarterly basis."
"Representative Senger."
"Thank you, Mr. Speaker and Members of the House. Current practice is to basically delay the quarterly payment until all the funds are in place. So, this is just asking to release money for categoricals as they come in. Categoricals include special education, transportation, school breakfast/lunch."
"You've heard the Lady's explanation. Is there any discussion? All those in favor of the adoption… all those in favor of the adoption of House Resolution 1006 should 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, Representative Carberry. Representative Carberry, like to be recorded? Mr. Clerk, take the record. On this… on this Resolution there's 111 Members voting 'yes', 0 voting 'no'. And House Resolution 1006 is adopted. Representative John D'Amico you have House Resolution 1046. Read the Resolution, Mr. Clerk."
"House Resolution 1046 declares April 28, 2010 as Workers' Memorial Day in the State of Illinois."
"Representative D'Amico."
"Thank you, Mr. Speaker. House Resolution 1046 declares April 28, 2010 shall be known as Workers' Memorial 09600132.doc 112 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 Day in Illinois, to honor and remember those that have suffered and died on the job. I appreciate an 'aye' vote."
Speaker Lyons: "You've heard the Gentleman's explanation. Representative Bill Black."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I'm only asking you this because I… years ago we did this and we ended up making something a commemorative holiday and the schools had to close. This is simply a… and I can't remember the official word, an… not an observed holiday, it's a commemorative holiday. So, schools and state offices would still be open, correct?"
"Yes, you're right."
"All right. Thank you very much."
"No further discussion, all those in favor of the adoption of House Resolution 1046 should 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? Fritchey. Osmond, JoAnn. Mr. Clerk, take the record. On this Resolution, 111 Members voting 'yes', 0 voting 'no'. And House Resolution 1046 is adopted. Representative Raymond Poe, you seek recognition on a point of personal privilege? Representative, please proceed."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I have two people I'd like to introduce today and they're from Ukraine and Russia and Georgia is the area they're from. And it's Yulia, stand up Yulia, and Kakha. And anyway, they're participants in a legislative fellowship program sponsored by the United States State 09600132.doc 113 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 Department and administered by the National Conference of State Legislators. The American… and it's a reciprocal with American Council International Education of Georgia, Russia and the Ukraine. And it's a competitive program that they competed against several participants to be here. It's a month-long fellowship in the American Legislature and the possibility of a reciprocal project in their home country. They're being hosted this last week jointly with the House Clerk, and we want to thank Mark Mahoney for doing that, Secretary of the State and… the Senate and LIS. So, we hope they enjoyed their stay here in Springfield and how our Legislature works and they can take some of these things back and maybe we can reciprocate back. But, give them a great big Springfield welcome."
"Welcome to Springfield. Proud to have you at the Capitol. Continuing on Resolutions, we have House Resolution 1081, Representative Senger. Read the Resolution, Mr. Clerk."
"House Resolution 1081 urges Congress to pass HR 3410, the Taking Responsible Action for Community Safety Act."
"The Lady from DuPage, Representative Darlene Senger."
"Thank you, Mr. Speaker, Members of the House. House Resolution 1081 is an initiative by Representative Melissa Bean. And what it is asking to have done is when the Surface Transportation Board, which is a three-member board that approves rail acquisitions, considers a merger in acquisition, and they also take into consideration not only 09600132.doc 114 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 the environmental impacts, but the impacts on roads and other components of our municipalities."
"You've heard the Lady's Motion. All those in favor of the adoption of House Resolution 1081 should say 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it; and House Resolution 1081 is adopted. Representative D'Amico on the Supplemental Calendar under the Order of Resolutions you have House Resolution 1090. Read the Resolution, Mr. Clerk."
"House Resolution 1090 designates the month of April as the Distracted Driving Awareness Month in the State of Illinois."
"Representative John D'Amico."
"Thank you, Mr. Speaker. House Resolution 1090 recognizes the National Motor Vehicle Crash (sic-Causation) Survey, which indicates that 80 percent of all traffic incidents and 65 percent of all near crashes involve some type of distraction. So, we'd like to see April declared distraction… Distracted Drivers (sic-Driving) Month."
"You've heard the Gentleman's Motion. No one seeking recognition, the question, 'Should House Resolution 1090 be adopted?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Collins, Currie. Representative D'Amico, you want to vote for your own Resolution? I know you're busy over there. Representative John Fritchey. Representative… Mr. Clerk, take the record. On this, there's 111 Members voting 'yes', 0 voting 'no'. 09600132.doc 115 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 And the Resolution… House Resolution 1090 is adopted. Ladies and Gentlemen, we're returning to the Order of Senate Bills-Third Reading, back to page 2. Representative Mike Smith. Representative Frank Mautino. Representative Mautino, on page 2 of the Calendar Senate Bills-Third Reading, you have Senate Bill 448. Read the Bill, Mr. Clerk."
"Senate Bill 448, a Bill for an Act concerning finance. Third Reading."
"The Gentleman from Bureau, Representative Frank Mautino."
"Seeing as how my computer isn't working, this repeals the portion of Public Act 96… oh you know what this is, this is the retransfer of the funds from DNR. Back when we did some fund sweep Bills, we found that it took away federal money. So, this Bill takes those out, makes sure that we don't lose any federal dollars from the Department of Natural Resources. It is at their request, there are one, two, three, four, five, six funds in here which total about $9.25 million. And those would be the… those balances we want to make sure we can keep that money towards the future. Appreciate an 'aye' vote."
"You've heard the Gentleman's explanation. Are there any questions? Seeing none, the question is, 'Should Senate Bill 448 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 111 Members voting 'yes', 0 voting 'no', 0 09600132.doc 116 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Jay Hoffman. Is Jay on the floor? Representative Hoffman. Representative Lang. Representative Lang you have Senate Bill 1381. Out of the record. Representative Harris. Harris, you have Senate Bill 1716, do you wish to call that Bill? Out of the record. Just going through the Calendar, Greg. Representative Frank Mautino, you have Senate Bill 1826. Representative Mautino. Read the Bill, Mr. Clerk."
"Senate Bill 1826, a Bill for an Act concerning revenue. Third Reading."
"Representative Mautino. Mr. Clerk, move that Bill back to the Order…"
"Thank you, Mr. Speaker."
"Representative Mautino. Move that Bill back to the Order of Second Reading. What's the status of that Bill?"
Clerk Mahoney: "Floor Amendment #2 has been approved for consideration."
"Representative Mautino on the Amendment."
"Thank you, Mr. Speaker. Floor Amendment #2 is identical to the… the underlying Bill. We found that the first Amendment amended a Senate Amendment instead of the Enrolled Bill. So, technically we needed to make that change. I ask for an 'aye' vote on the adoption of the Amendment."
"You've heard the Gentleman's explanation on Floor Amendment #2. Is there any discussion? Seeing none, the question is… all those in favor of the adoption of 09600132.doc 117 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 Floor Amendment #2 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
Speaker Lyons: "Third Reading. Representative Dan Burke. Representative Burke, you have on the Order of Third Reading, Senate Bill 3022. Read the Bill, Mr. Clerk."
"Senate Bill 3022, a Bill for an Act concerning public employee benefits. Third Reading."
"The Chair recognizes the Gentleman from Cook, Representative Dan Burke."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 3022 very simply gives downstate and Chicago Police the opportunity to purchase two years of military service. There is no cost to government, and I'd be happy to answer any questions."
"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should Senate Bill 3022 pass?' All those in favor signify by saying 'yes'… voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Wait, Sommer, Saviano. Mr. Clerk, take the record. On this Bill, there's 103 Members voting 'yes', 3 Members voting 'no', 5 Members voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Gordon, Careen Gordon, you have Senate Bill 3029. Representative Careen Gordon, Senate Bill 3029. Out of the record. Representative Will Burns, you have Senate 09600132.doc 118 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 Bill 3085. Representative Will Burns, Senate Bill 3085 on the Order of Third Reading, do you wish to call that Bill, Representative? Read the Bill, Mr. Clerk."
"Senate Bill 3085, a Bill for an Act concerning criminal law. Third Reading."
"Representative Will Burns."
"Thank you very much, Speaker. Senate Bill 3085 is a Juvenile Justice Task Force. It requires the Juvenile Justice Commission to complete a study on juvenile justice issues. There was a task force that was originally created and that task force never met. And so this is an attempt to make sure that their research work gets accomplished. I know of no opposition and I seek an 'aye' vote."
"You've heard the Gentleman's explanation. The Chair recognizes the Gentleman from Jasper, Representative David Reis."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, did you have a House Bill that was just like this? Is… has that already moved through or is this the one you had in committee that day?"
"I did not have a House Bill like this. I had a couple of House Bills that dealt… in one House Bill it dealt with juvenile justice issues and I had a House Bill that dealt with sex gangs, sex traffickers on behalf of the Cook County State's Attorney's Office."
"Okay."
"But this Bill… it came over from the Senate. It's a… it's a study Bill." 09600132.doc 119 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Our concern was then with that and with this is, why are we doing this with a Senate Bill as opposed to a Joint Resolution?"
"Because we're requiring an agency to do work. And in order for an agency to be required to do something, it has to be done by statute as opposed to through a Resolution."
"But a Resolution could do the same thing."
"A Resolution does not have the force of law and it's only binding during the period of the general Resolution that authorized the… General Assembly that authorized the Resolution."
"I would agree with that, but the Governor who appoints the agencies under him could veto this Bill, which means you wouldn't have your Joint Resolution anyway."
"That's correct, but I know of no opposition from the Governor's Office or from the Department of Human Services. And we're changing the statutory definition of the… we're adding responsibilities to the Juvenile Justice Commission. The only way we can do that is through statute."
"Is there…"
"We did have a… I did have a… a Bill on net metering that created a task force and you raised the similar issues in committee. Just generally speaking, I tend to prefer if we're gonna require a state agency to do something that it, you know, in this particular instance because this is a specific commission created the proponents, the Governor's folks they feel comfortable with this in Bill form. I know of no reason we couldn't do it as a Bill."
"Is there a sunset on your task force?" 09600132.doc 120 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Let me take a look at the language. No, there is no report. There is no… there is no sunset. Wait… actually there…"
"Representative Reis, your time has expired. We know… we'll give you another minute to finish your response."
"And… and that's our concern, Representative, that we're creating these task forces in statutes instead of with a House Resolution or a Senate Resolution. We're not sunsetting them. Just a different way than we've set up task forces in the past and that's why our concerns are. So, I'll let you answer the question on the sunset."
"Representative Burns to close."
"Thank you very much, Speaker. What this Bill does is require the Juvenile Justice Commission to complete a study of the juvenile justice system and some of the laws that we've passed down here with regard to the Illinois Juvenile Court. We do a lot of Bills down here regarding juvenile justice. It's important that we have the experts help us figure out what are some of the best approaches and what are the impacts of the things that we're doing. I think that's an enlightened way to approach public policy development, and I would seek the approval of this Body. Thank you very much, Mr. Speaker."
Speaker Lyons: "The question is, 'Should Senate Bill 3085 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Colvin and McAuliffe, would you like to be 09600132.doc 121 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 recorded? Mr. Clerk, take the record. On this Bill, there's 111 Members voting 'yes', 0 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Marlow Colvin, I think you have a point of personal privilege. There's a sighting you'd like to report."
"Yes, I do, Mr. Speaker. Ladies and Gentlemen of the House Floor, please welcome back to Springfield, seems like she was only gone two weeks ago, but she's back here, alderman of the 29th Ward in the City of Chicago, Deborah Graham."
Speaker Lyons: "Welcome home, Alderman. Representative Acevedo, I believe you wanted to rise for a point of personal privilege. So, please proceed, Representative."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Behind me up in the gallery we have an elementary school from my district, Kanoon Elementary School. They're here with the parents and their teacher, Ms. Speaker, Debbie Menchaca. Help me welcome to Springfield."
Speaker Lyons: "Welcome to the Capitol. Enjoy your day. Representative Will Burns, we have big plans for you on this page, we have several Bills of yours to call. Senate Bill 3090. Representative Burns, Senate Bill 3090. Read the Bill, Mr. Clerk."
"Senate Bill 3090, a Bill for an Act concerning criminal law. Third Reading."
"Representative Will Burns."
"Thank you very much, Speaker. Senate Bill 3090 is a Bill that's… came over from the Senate. And what it does 09600132.doc 122 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 is, it makes changes to the Criminal Code that are in compliance with the number of judicial decisions that have been rendered by the courts. The concern is that if we don't make these changes, that there may be some appealable… there may be some issues that can go up on appeal that would allow offenders to get out of jail. This was a suggestion of Judge Gino DiVito, who is a member of the CLEAR Commission. It's really a revisory. I know of no opposition; there's no opposition from states attorneys or law enforcement, and I would appreciate an 'aye' vote."
"You've heard the Gentleman's explanation. No one seeking recognition, the question is, 'Should Senate Bill 3090 pass?' All those in favor signify by voting 'yes', those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative… Mr. Clerk, take the record. On this issue, there's 92 Members voting 'yes', 19 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Bob Rita, you have on page 4 of the Calendar under Senate Bills-Third Reading, Senate Bill 3094. Read the Bill, Mr. Clerk."
"Senate Bill 3094, a Bill for an Act concerning professional regulation. Third Reading."
"Representative Bob Rita."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 3094, basically, is an agreed Bill for the interior design licensure. Be happy to answer any questions." 09600132.doc 123 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"You've heard the Gentleman's explanation of the Bill. No one is seeking discussion, the question is, 'Should Senate Bill 3094 pass?' All those in favor signify by voting 'yes', those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Feigenholtz. Will Burns. Mr. Clerk, take the record. On this Bill, there's 111 Members voting 'yes', 0 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Danny Burke, Senate Bill 3222. Read the Bill, Mr. Clerk."
"Senate Bill 3222, a Bill for an Act concerning education. Third Reading."
"Representative Dan Burke."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. As you would understand, we currently have a tuition freeze in our state for individuals enrolled in four-year university plans. This Bill would add an additional freeze on two years for those who are unable, through probably no fault of their own to comply with the four year undergraduate degree program. It does not freeze it entirely, it would give our state universities the opportunity to impose the tuition rate that would have been the individual's sophomore year rate. I'd be happy to answer any questions."
Speaker Lyons: "The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?" 09600132.doc 124 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Sponsor yields."
"Representative, if I understand this correctly, then… then what you're doing is taking the current Truth in Taxation or, excuse me, Truth in Tuition Law and extending that out to six years?"
"In a modified forum, Representative, yes. I did suggest to the Body that the individual at the… what would have been their sophomore year and we presume there would have been an increase, the university could impose… could charge what that individual's sophomore tuition would be if they were forced to continue into the fifth or sixth year. So, there would be an increase available to the universities to impose."
"How has the Truth in Tuition Law worked? I… I'm very, very close geographically to the University of Illinois and I… I get mixed reports on it. Some students seem to like it, some students don't seem to think it's… it's done what we thought it might do. Have you heard any opposition or concern from university students about this Bill?"
"Oh, quite to the contrary, Representative. This is something that would support their situation tremendously. Just to know that that tuition would not be raised in their four year undergraduate experience I think is something they have to be very impressed with and very happy with."
"Would… would the same tuition rate apply if a student after the baccalaureate degree took a year off then came back to graduate school for a two year program or must it be used concurrently?"
"Must be continuous…" 09600132.doc 125 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Okay. Okay."
"…undergraduate degree."
"All right. Thank you very much, Representative. And Ladies and Gentlemen of the House, to the Bill. This is… I remember when in the 93rd General Assembly when Representative Joyce passed the…"
"Representative, your time expired. We'll give you another minute."
"Thank you very much. This is one of those Bills that it's hard to vote against, but I'm going to vote against it. I simply think that when we limit tuition increases and, yes, we get mad when they're 9 percent or 10 percent, but I prefer to look in the mirror and say that we, the House and the Senate, are partly, if not substantially, to blame for tuition increases. As we sit here today, the University of Illinois alone is owed $485,000,000. The other four-year institutions in total are owed over $850,000,000, and when we don't appropriate the funds or even meet our budget projections, then where else do the universities have to go but tuition. And I think what's happening is just like this year, rather than a four percent tuition increase, the University of Illinois at one time talked about 20, I think now they've settled on nine or nine and a half. but they haven't officially announced that yet. And I think that large tuition increase very damaging to families, very damaging to students trying to get their education, very damaging to people who can't afford that kind of tuition rate. But I prefer that we look in the mirror and say, where is our responsibility to 09600132.doc 126 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 appropriate the money that we're asked to appropriate by the Board of Higher Education, and we either do not do so or like in this year, we just don't pay them. And when we don't pay and the university has no other source of income, then you get that anomaly of that one year of very, very high tuition. I think the Gentleman has a good idea, and I'm… I'm not opposed to the idea, whatsoever, but I think it sometimes gives us a feeling that, well, we're doing something. What we need to do is to discuss the budget, discuss the appropriations and find out what we're going to do about the backlog of bills owed to our universities, our K-12 schools and our community colleges, and all the other fixes are not gonna solve that problem. I intend to vote 'no'."
"Representative Bost."
"Thank you, Mr. Speaker. To the Bill. Ladies and Gentlemen of the House, I have a tremendous respect for the Sponsor. We just happen to disagree on this and this is why. What this does is, this tells your particular senior, which we've already got Truth in Tuition and it was passed this House whether you agreed with it or you disagreed with it, basically what it says is, is our… our universities are now forced to hold the tuition that it was at the freshman rate coming in. Now, this allows it to slide at the sophomore rat, but then it it'll go out five and six years. Ladies and Gentlemen, somebody has to pay for that to occur if the cost of operating those universities continues to go up, whether it's because we, the General Assembly, do not provide the revenues necessary to those universities, that 09600132.doc 127 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 means, somebody's going to have to raise it. Now, you can sit and go back to those students that are there right now and go, oh look what we did for you. We… we froze your rate. But what are you gonna tell the incoming freshmen when they have to have their rates tripled to cover for those that are outgoing that are not paying the amount that it costs to operate that school? Ladies and Gentlemen, we should not be doing this and stretching this out to five and six years, forcing our universities, which we are not properly funding, to hold the tuition rate on one group so that we can raise it even higher on incoming freshmen. Now, therein lies the problem. We… you can talk to one group and that group that's already in their senior year or junior year and say, look what we're doing for you. But, what do you tell those freshmen. those parents that are trying to figure out how are they're gonna afford education for their children, that all of the sudden their rates are three times higher than those outgoing seniors because we froze their rates and not allow it to slide evenly across the board to support…"
Speaker Lyons: "Representative Bost, give you another 30 seconds."
"Thank you, thank you, Mr. Speaker. To support their education. Folks, we've got an obligation here to all those people who are attending our schools of higher learning, those that are in attendance now and those that are coming in the future. This is devastating, I believe, to our universities. I think it's a terrible Bill. I would ask for your 'no' vote." 09600132.doc 128 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Representative Rosemary Mulligan."
"Thank you, Mr. Speaker. Although I, too, respect the Sponsor, I think the underlying premise of a four year tuition has automatically increased the tuition every single year. It would be interesting to take a study of what that Bill did, which was the argument we made and then we voted for it anyway because no one wanted to go home and make it appear that we didn't want to freeze tuition. But, what it's done is it's encouraged the universities to raise their rate every single year so that they can cover the four year supposed cost or increase. And so, it was a bad Bill to begin with and I don't think this makes it any better."
"Representative Dan Burke to close."
"Thank you, again, Mr. Speaker. Ladies and Gentlemen, to those who have risen in opposition to this, as I suggested to the Members of the Higher Education Committee, this is a matter that I would submit to the Body is not a choice of a student. Very often individuals coming out of the, in particular, Chicago Public School system are not being served properly. They are not being supported for their continuation in a university setting. And through no fault of their own they have to engage in remedial programs, which would extend their bachelor degree program a little longer. It's very seldom that they go into the sixth year, but it is a common occurrence that they would have to go into a fifth year. Are we here going to punish those individuals for an education system who has underserved their needs? I would hope the answer is no. I 09600132.doc 129 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 would certainly encourage and implore you to consider these individuals who have made every attempt, and very often… I had an individual that attended that hearing, a student at one of our universities, who insisted that he graduated at the top of his class in a Chicago public school, straight A student, found himself in a university setting and could not compete because he was not given proper preparation from that education system. That is the purpose and the reason for this Bill. Are we to, again, hold these individuals responsible for their being underserved in a public education system that we fund every day? I would hope that you would give these individuals, it's a very small number, please give them that consideration. I would certainly encourage the Body to vote 'aye' on this matter. Thank you."
Speaker Lyons: "The question is, 'Should Senate Bill 3222 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? May, Franks, DeLuca. Mr. Clerk, take the record. On this Bill, there's 66 Members voting 'yes', 43 Members voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Will Burns, Representative Burns you have Senate Bill 3249. Read the Bill, Mr. Clerk."
"Senate Bill 3249, a Bill for an Act concerning State Government. Third Reading."
"Representative Will Burns." 09600132.doc 130 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Thank you, Speaker, Members of the House. Senate Bill 3249 does something very simple. It simply implies that our state MW… minority business enterprise, women-owned business enterprise and disabled business enterprise goals, two entities that receive significant grants from the state for… for the construction program. The theory is very simply… if the state is investing money into major construction projects, then the same goals that are… attend to our state-funded programs, our roads and vertical building, should apply to those grantees. The Bill was negotiated with state agencies and the Governor's Office. Again, I know of no opposition and would seek an 'aye' vote."
"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should Senate Bill 3249 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Black, Representative May. Mr. Clerk, take the record. On this Bill, there's 111 Members voting 'yes', 0 Members voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Saviano on page 5 of the Calendar under Senate Bills Third Reading you have Senate Bill 3508. Read the Bill, Mr. Clerk."
"Senate Bill 3508, a Bill for an Act concerning courts. Third Reading of this Senate Bill." 09600132.doc 131 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"The Gentleman from Cook, Representative Skip Saviano."
"Thank you, Mr. Speaker, Members of the House. Senate Bill 3508 is a initiative of the Circuit Court Clerks Association. What this actually does is allow for an additional fee to be collected to accommodate the electronic citation program. This is a way to streamline on how citations are issued, how they're paid. It… it's something that will create an efficiency in our courts, probably alleviate a lot of paperwork, a lot of man hours in the collection of… of citation costs. And I would ask for its favorable vote. Thank you."
"You've heard the Gentleman explanation. Is there any discussion? Seeing none… the Lady… the Chair recognizes the Lady from Cook, Representative Mulligan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Does this allow the officer doing the ticket to electronically send the information or do they still take your driver's license and just write the ticket and give it to you? What will this change, just the court procedure?"
"Yes."
"So, it has nothing to do with the officer being able to…"
"You still have to put up a bond in one form or another."
"Okay. Thank you."
Speaker Lyons: "The question is, 'Should Senate Bill 3508 pass?' All those in favor signify by voting 'yes'; those 09600132.doc 132 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Black. Representative Leitch. Representative Rose. Mr. Clerk, take the record. On this Bill, there are 97 Members voting 'yes', 14 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Skip Saviano also has Senate Bill 3509. Read the Bill."
"Senate Bill 3509, a Bill for an Act concerning professional regulation. Third Reading."
"Representative Saviano."
"Mr. Speaker, we just filed… we're filing an Amendment. I'd like to move it back to Second, please?"
"Mr. Clerk, on the request of the Sponsor move this Bill back to the Order of Second Reading. Representative Howard, on page 6 of the Calendar you have House Bill 3648, do you wish to move that Bill? Senate Bill 3648, excuse me. Read the Bill, Mr. Clerk."
"Senate Bill 3648, a Bill for an Act concerning revenue. Third Reading."
Speaker Lyons: "The Lady from Cook, Representative Connie Howard."
"Yes, thank you very much, Mr. Speaker. This Bill would allow those persons who have been wrongfully convicted to not have to pay taxes on the awards that they receive."
"You've heard the Lady's explanation. Is there any discussion? Seeing none, the question is, 'Should Senate Bill 3648 pass?' All those in favor signify by 09600132.doc 133 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Brady. Mr. Clerk, take the record. On this Bill, there are 101 Members voting 'yes', 10 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Smith, did you wish to move Senate Bill 384? Read the Bill, Mr. Clerk."
"Senate Bill 384, a Bill for an Act concerning State Government. Third Reading."
"The Chair recognizes the Gentleman from Fulton, Representative Mike Smith."
"Thank you, Mr. Speaker and Ladies and Gentlemen. This legislation is an initiative of the Department of Natural Resources and it makes a very simple change in the law that we enacted a number of years ago to give… to allow veterans returning from service to camp, fish or hunt free of charge in the State of Illinois. The current law requires them to come to Springfield in order to sign up for that. And this legislation would simply say that they can also do that at a regional office of DNR. I know of no opposition. I'd be happy to answer any questions."
"You've heard the Gentleman's explanation. Are there any questions? Representative Bill Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I had tried to find out where these district offices are and… and from what I gather there 09600132.doc 134 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 aren't very many of them. Do you have a list? I… I think the nearest office that I could find in my legislative district would still be in Springfield which… that’s 250 miles round trip. Why… why couldn't they go to the office of any state park or state recreational area that had a site superintendent? That would certainly open up more venues than… than a district office."
"Representative Black, I raised that question with the department and they didn't feel that they were equipped at all their facilities to do that."
"I… now that you mention it, I think that's right. I know the state park in my district no longer has a secretary and they only have three people to cover 10,000 acres. So, they can't just sit in the office all day. Now, that you mention that that makes sense."
"I know that there was also a question as to why this couldn't be done online and I think the Department is looking into that, but they're not prepared to do that at this point."
"Well, I… then you'll run into the difficulty of how you scan veterans documents and… okay…"
"Exactly."
"…yeah, all right… okay."
"Right."
"Thank you. That… that clears up some things that I had. I appreciate your kindness."
"No one further seeking discussion, the question is, 'Should Senate Bill 384 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The 09600132.doc 135 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Dunkin. Mr. Clerk, take the record. On this Bill, there's 110 Members voting, 'yes', 0 voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Jay Hoffman, you have Senate Bill 735. Read the Bill, Mr. Clerk."
"Senate Bill 735, a Bill for an Act concerning gaming. Third Reading."
"Representative Hoffman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. What this would do is it would codify an order of the Illinois Racing Board… the Racing Board, and I believe that they improperly did this, but nevertheless, in order to ensure that Fairmount Racetrack remains racing, we need to increase the pari-mutuel amount that is paid by Fairmount Racetrack from .25 percent to no less than .75 percent. This is not a general increase to… on people. What this is would be… is a pari-mutuel tax that's actually paid by the racetrack. They want to pay it in order to make sure that the Racing Board's order, that if this is not passed they would only be racing three days this year instead of 52 racing days. Again, I think that the Racing Board's order is unfounded and is not constitutional. However, if we don't do this, over 1,000 jobs will be in jeopardy, and the racetrack will basically only be racing live three days this year." 09600132.doc 136 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
Speaker Lyons: "The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."
"Neigh… neigh… neigh. Will the Gentleman yield?"
"I think he will, Representative."
"Thank you. I just got a phone call from Mr. Ed, Representative, and he wanted me to ask you a couple of questions. In all seriousness, there's something about this that I just cannot wrap my mind around. If… if the Fairmount track is having financial trouble and you raise the pari-mutuel tax, how does that help?"
"This isn't my idea. The Racing Board in its infinite wisdom, as part of the order… the Racing Board's order indicated that Fairmount Racetrack would race 52 days live this year. But, if we didn't raise the pari-mutuel tax on Fairmount, they would only race three. That was their order. They say that they are running a deficit; I would say that they are mismanaging. When I say a deficit, I'm talking about the Racing Board. I would say that they could manage their money better. And I don't disagree with what you're saying, but if we don't do this, they essentially are putting a gun to the head of the Legislature. If we don't do this, a 1,000 people's jobs will be at stake. And I just can't… I can't allow that to happen. So, we passed a Bill that's over in the Senate and I'm hopeful it will pass the Senate, that says that what the Racing Board did when they ordered this, they can't do again. However, if we don't pass this, I'm really concerned that they'll only be racing three days live and the… the jobs will be shut off." 09600132.doc 137 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Well…"
"Again, the track is the… the Fairmount Racetrack is the one that pays the tax, not individuals. They have agreed to do this. Now, I think they've agreed to do it under great duress, but they've agreed to do this and they're the ones who would be the ultimate taxpayer."
"Do you anticipate a court challenge to this order?"
"Gentlemen, the time has expired, but we'll give you another minute."
"I can… I can answer. I don't know. They're… I know that there are parties who are considering a court challenge; however, if we pass this we'll have this behind us."
"All right."
"We know that people work and then whoever wants to do that can potentially do that."
"Okay. Thank you very much."
"Representative Ron Stephens."
"Well, thank you, Mr. Speaker, to the Bill. First of all, I've asked the Sponsor to be added as a hyphenated cosponsor. This is the ultimate bureaucratic conundrum. The Racing Board couldn't have handled this in… more poorly. And I… I salute Representative Hoffman, the Gentleman from Madison, for his trying to sort this out. It's taken two pieces of legislation. We… at his, the threat about losing 1,000 jobs, Ladies and Gentlemen, we talk about losing jobs, gaining jobs all the time. This is very, very real. And Jay, I'm glad that you've taken the lead here and I stand in total support of your Motion." 09600132.doc 138 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Representative Hoffman to close."
"I ask for a favorable Roll Call."
"The question is, 'Should Senate Bill 735 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Boland, Cavaletto. Mr. Clerk, take the record. On this Bill, there are 80 Members voting, 'yes', 31 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Yarbrough, on the Order of Third Readings- Senate Bills on page 3 of the Calendar, you have Senate Bill 2817. Representative Yarbrough. Read the Bill, Mr. Clerk."
"Senate Bill 2817, a Bill for an Act concerning insurance. Third Reading."
Speaker Lyons: "The Lady from Cook, Representative Karen Yarbrough."
"Thank you, Mr. Speaker. Senate Bill 2817, as amended, is agreed language between the Department of Insurance and the insurance industry. It does three things; it closes a loophole in the current law regarding the transfer of ownership; it makes it easy for companies to file annual financial statements and comply with… confidentiality requirements of the National Association of Insurance Commissioners. I'd be happy to answer any questions. There's no known opposition on this Bill."
"You've heard the Lady's explanation. Is there any questions? Seeing none, the question is, 'Should 09600132.doc 139 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 Senate Bill 2817 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill there are 110 Members voting 'yes', 0 voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mark Walker, you have Senate Bill 2551. Read the Bill, Mr. Clerk."
"Senate Bill 2551, a Bill for an Act concerning criminal law. Second Reading. Floor Amendment #1, offered by Representative Walker, has been approved for consideration."
"Representative Walker on the Amendment."
"I move that we do adopt Floor Amendment #1, which is a technical change allowing us to better meet the intent of the Bill."
"You've heard the Gentleman's explanation. Is there any questions? Seeing none all those in favor of the adoption of Floor Amendment #1 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and the Amendment is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Tryon, on Senate Bills-Second Reading, you have Senate Bill 3070. Read the Bill, Mr. Clerk." 09600132.doc 140 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Senate Bill 3070, a Bill for an Act concerning safety. Second Reading. Floor Amendment #2, offered by Representative Tryon, has been approved for consideration."
"Representative Mike Tryon on Floor Amendment #2."
"Thank you, Mr. Speaker. Floor Amendment #2 is an Amendment that was worked out with EPA and the Municipal League when it comes to a municipality having to submit a plan for remediation if the municipal drinking water well or public water supply is contaminated with a carcinogenic compound. Certainly would like to adopt this Amendment and move the Bill to Third Reading."
Speaker Lyons: "Is there any discussion on Amendment #2? Seeing none, all those in favor of its adoption signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and Floor Amendment #2 is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
Speaker Lyons: "Third Reading. Representative Acevedo, on Second Reading of Senate Bills, you have, on page 9 of the Calendar Senate Bill 3136. Representative Acevedo, you have Senate Bill 3136 on the Order of Second Reading. Out of the record. Out of the record. Representative Art Turner, on the Order of Second Readings, you have Senate Bill 317… 3173 on the Order of Second Reading. What's the status of that Bill, Mr. Clerk?"
"Senate Bill 3173, a Bill for an Act concerning criminal law. Second Reading. No Amendments. No Motions filed." 09600132.doc 141 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Third Reading. Representative Bill Black, for what purpose do you seek recognition, Sir?"
"Thank you, Mr. Speaker. Point of personal privilege."
"Please proceed."
"Has anyone seen Representative Jim Sacia? There are several people seeking his guidance on a couple of Bills coming up. So, if he is within range of the voice of the floor, we'd like…"
"At your service, Mr. Black."
"Well, here… here he comes. Thank you."
"He's at your service."
"Thank you very much."
"Representative Art Turner, you also have, on the Order of Senate Bills-Second Reading, Senate Bill 3628. Representative Turner, 3628. What's the status of that Bill, Mr. Clerk?"
"Senate Bill 3628, a Bill for an Act concerning criminal law. Second Reading. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Ladies and Gentlemen, on page 15 of the Calendar on the Order of Resolutions, we have some Joint Resolutions. We'll start in the middle of page 15, Representative JoAnn Osmond. Representative JoAnn Osmond, you have House Joint Resolution 85. Out of the record. Representative Bill Black, on the Order of House Joint Resolutions, you have House Joint Resolution #87. Mr. Black."
"Mr. Speaker, I'll file the appropriate Motion to Table that. The Senate after one year finally passed the same 09600132.doc 142 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 Resolution last week. So, I'll file the appropriate document to table this one."
Speaker Lyons: "Congratulations, Mr. Black. Good job. Representative Will Burns. Representative Burns, you have House Joint Resolution 95. House Joint Resolution 95. Out of the record. Representative John Bradley. Is Representative Bradley in the chamber? House… House Joint… Out of the record. Representative Kevin McCarthy, on page 16 of Joint Resolutions… We're working on page 16 to 17 under Resolutions folks. So if you want to glance at the Calendar and work with us. If we see your Resolution and you're in your seat we'll be happy to move it along. Kevin, you've got House Resolution 103. Read the Resolution, Mr. Clerk. House Joint Resolution 103."
"House Joint Resolution 103 changes the date of the report required by the House Joint Resolution 75 from a February 8, 2010 to March 21, 2010."
"Representative McCarthy."
"Thank you. I… it's not exactly timely, but I would move for the adoption of the Resolution. The report has been filed and distributed to the Members of the General Assembly, so I guess I should move it forward."
"Okay. You've heard the Gentleman's explanation of House Joint Resolution #103. All those in favor of its adoption signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Howard. Representative May. Connie Howard. Mr. Clerk, take the record. On this Resolution, there's 111 Members 09600132.doc 143 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 voting 'yes', 0 voting 'no'. And House Joint Resolution #103 is adopted. Representative John Cavaletto, for what purpose do you seek recognition, Sir?"
"Personal privilege."
"Please proceed."
"Thank you, Mr. Speaker. Guests today are Ashley Piercey from Mt. Vernon, attending SIU, with two of her college mates. Welcome to the Capitol."
Speaker Lyons: "Welcome to Springfield. Enjoy your day. Representative Monique Davis on page 16 of the Calendar you have House Resolution 582, Representative Davis. Representative Monique Davis. House Resolution 582. Read the Resolution, Mr. Clerk."
"House Resolution 582 urges the United States President and Congress to pass legislation that would regulate the nutritional content of the food that universities, particularly historically black universities, offer to their students on campus in order to decrease the nation's obesity problems."
"You've heard the Resolution. The Lady makes the Motion for the adoption of House Resolution… Representative Davis." Davis, M.: "Thank you, Mr. Speaker. The reason this legislation came about was because we found that at so many of the universities the children were being fed french fries and fried food almost on a daily basis. We found from the United States Army that 27 percent of the children are rejected, the children… young people from the age of 18 to 25, they're being rejected because of obesity. So, we want 09600132.doc 144 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 the Federal Government to take a large stand and require that nutritional content to the school lunches be important to the universities, and that's across this country. So, I ask for your support."
Speaker Lyons: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."
"Will the Sponsor yield?"
"Sponsor yields."
"Representative, what's… what… what age is a college age student?" Davis, M.: "Usually from 18 to maybe 24, 25."
"Do you really think that it's the responsibility of the Federal Government to tell an 18-year-old to an 25 or 26- year-old what they need to eat? Don't we want to give them a little bit of credit to be able to walk up to a counter at a college restaurant or… or anywhere they go and decide what they're gonna eat on their own? For Pete's sake, they can… they can go to war." Davis, M.: "Well, what I… what I'm saying, Mr… Representative Eddy, is that these choices are not available to them. If they're on a college campus, many times the healthy choices are not available. So, you're acting as if we want the Federal Government to tell the young people what to choose. That's not the case. This Resolution urges them to urge the universities to have nutritional food available to students. Students should not have just fried chicken or just french fries or just pizza with cheese…"
"Have you done a study…" Davis, M.: "…or nachos." 09600132.doc 145 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"…have you done a study of college menus?" Davis, M.: "I'll tell you what. I do have…"
"Have you done a study of menus of colleges and universities across the state? And you're here to tell us that all they serve are…" Davis, M.: "What are you…"
"…french fries and fried chicken in college cafeterias?" Davis, M.: "The study that…"
"And we need the Federal Government and the President of the United States to get involved in what 18 to 24-year-old students are going to eat on a college campus?" Davis, M.: "It isn't what they're going to eat, it's what's available to them. Some college students eat on campus on a daily basis. They don't have cars to go to the restaurant if there's a restaurant around. So, what the college… I have a grandson that just graduated from college. He was a football player. And the only food available to them was fried food. He didn't go to school in the State of Illinois, he went to school in another state. But the only food available was fried food. Now, the United States Army has reported that 27 percent of young people who are attempting to get into the service are rejected because of obesity. Twenty-seven percent of young people who are trying to serve in the United States Army, who should be healthy and ready to serve their country which is their desire, but they have been fed or given the… not the choice of a nutritional meal, but they have been fed fatty, non-nutritional diet, and that's all that was available to them. So, this has absolutely nothing to do 09600132.doc 146 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 with providing the students choice, but it does have to do with what is being made available to them on college campuses."
"Representative, I… you know what, I don't think I could argue with about half of what you said because it makes absolutely no sense to me. And to be able to argue something there has to be some rational point to what I hear. I… if the United States Congress and the President don't have anything better to do than to try to regulate what happens on a college campus related to the cafeteria and the students at that campus aren't able to make those choices, we have a lot more serious problems in this country. I… I just… I can't believe that this is an important issue. I can't believe that we're going to waste the time of this Body. You know how much… we need to get a little more serious about issues that are important to Illinois. We've spent about no time, zero time, on the budget for the State of Illinois and we're worried about what we're going to do on college campuses to kids who are 18 to 24 years old that can pick what they're eating for… for dinner. I… I can't imagine anybody voting for this. It makes no sense at all."
"Representative Chapin Rose."
"Mr. Speaker, first of all, is this a Roll Call Resolution or not? And I'd like to request it, if it's not."
Speaker Lyons: "This particular… this particular Resolution will not require a Roll Call." 09600132.doc 147 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Well, I'd like to move that we take a Roll Call on this, Mr. Speaker."
"So noted."
"Thank you. Will the Sponsor yield?"
"Sponsor yields."
"Representative Davis, really?" Davis, M.: "Well, the… the…"
"Really?" Davis, M.: "…the United States Army has stated that this is presenting a national security problem."
"Representative, these are 18-year…" Davis, M.: "If 27 percent…"
"…these are… these are adults. We're going to tell adults what they can and can't eat?" Davis, M.: "…don't you… you're misunderstanding. The Bill has… didn't say it tells them what to eat. The Bill is saying… the Resolution is saying that the university must provide nutritional choices."
"Do you know how much… I represent Eastern…" Davis, M.: "Now…"
"…I represent… well, I don't represent U of I directly, but I represent 1200 U of I faculty and staff. Do you know how many nutritional choices we provide? Representative Jakobsson, who's a vegan, could eat at any of our campuses in the State of Illinois because of all the nutritional choices we provide. More than that, students are free to go wherever they want. They could go to Grog's and get a pizza, a one topping pizza for $4.21 if they want, or they can go get an apple." 09600132.doc 148 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 Davis, M.: "How do they get there?"
"Walk, bus, car, Grog's delivers. I delivered for Grog's, in fact in college." Davis, M.: "But you… you are limiting… you are limiting your observation… you are limiting your observation to Illinois. This is for all of the college campuses across this country."
"Well, and… and… Representative…" Davis, M.: "And if your… if your college is already…"
"…I… I don't…" Davis, M.: "…doing this, it won't matter to them."
"…and then… the reality is, we got 100,000 more important things to do then to tell people what they can and can't eat in their college dorm. Period. And the Congress, we're at war. We're at war. And we're going to tell the Congress to worry about what kind of foods get served at our public universities? I mean, this is absolutely ridiculous. So, thank…"
"Representative Dunkin."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, with this Resolution how much would it cost us here in the State of Illinois?" Davis, M.: "It would be absolutely zero; it won't cost the State of Illinois one dime. And it probably won't cost any states any money. We're just asking the Federal Government to urge college campuses to provide nutritional choices. We're not telling them to tell them what to serve, but give college students an opportunity to choose something that's 09600132.doc 149 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 healthy and nutritional and not fried every single day. Representative, there was a study conducted at the University of New Hampshire that concluded that among a group of 800 undergraduates that were studied one-third of them presented weight or obesity issues and several other nutritional concerns. Now, the cost to states come when people are unhealthy. There is a cost to ill health. There is a cost for people who are not given an opportunity to choose healthy foods, to choose an apple, to choose a salad. When these choices are not available to them; when they don't have the ability to drive someplace else; when they don't have refrigeration at school to keep nutritional food then the campus should offer it. And we're saying we should not create unhealthy people who are rejected from the service, who are costing a great deal of money to different states for health care."
"Thank you for that question, Representative. To the Bill. Ladies and Gentlemen, many of us here in this chamber are very much aware of the obesity issue that is affecting young children and young teens."
"Representative, I'll give you one more minute please."
"This Bill… this Resolution is merely that. It's a House suggestion. It is a Resolution… a simple suggestion to Congress urging them in Washington, D.C. to consider a study to look at and encourage better nutritional options at certain colleges. That's all that this Bill does. It is a consideration that the U.S. Congress would consider. It costs the State of Illinois nothing. We are very much 09600132.doc 150 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 aware that the obesity issue is alive and well here in this state and in this country. As the distinguished Lady pointed out, it is a… this is a national security risk even to the assertion of our own state public health director. Obesity or not qualifying because of young 18-year-olds, young 21-year-olds being overweight is directly attributed to various options in their community. And everyone does not have a car where they an drive to a nice fancy restaurant…"
Speaker Lyons: "Your time has expired, Representative. Representative Stephens for two minutes."
"Thank you, Mr. Speaker. To the Resolution. With all due respect to the Gentleman from Cook that just spoke, that's not what this Resolution does. It states that we urge the United States President and the Congress to pass legislation that would regulate the nutritional content of food that universities, particularly, and I have no idea what this is in there about, but it says in the Resolution particularly historic black universities. Now, I… that's just beyond my understanding. I don't know what that's for. Does that mean we don't care about fat white people or fat Hispanics? Only fat black university students, historically black universities? Give me a break. And to… to… for the Federal government to regulate your nutritional value that goes beyond choice in food, that's about… that's about regulating the actual ingredients in the food. They're going… they're going to regulate every molecule that you eat. This is un-American. It's racist and un- American. I vote 'no'. Vote 'no'." 09600132.doc 151 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Representative Bill Black."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. If you'll just look at the Resolution, it's not a study. It says, we urge Congress and the President of the United States to pass laws regulating the nutritional content of our food. We're going to spend a half hour on this Resolution. That's a half hour more than we've discussed how are we going to pay all of our four-year colleges and universities in this state $850,000,000 that we owe them, past due by July 1? Not… we haven't discussed that at all. But we're going to discuss this? In all due respect to the Sponsor, if read… if we really want to send and… and be role models, I suggest that all of us weigh in every morning in the back of the chamber and let the Capitol nurse tell us what we… what we weigh and our height and are we the optimum weight. I know I'm not my optimum weight. You know, … I'm 213 pounds of solid senior citizen. So, you know, I mean, let's start with ourselves. Have you been down to the Rathskellar lately? My goodness, the fruit, the vegetables, the healthy choices in the Rathskellar. I can't make up my mind. You know, I think I heard the Sponsor of this Resolution awhile ago and see, I grew up in the '60s, let me tell you what this is. She said… she said it, this is a Resolution. You have to look behind and underneath things. This is to get our young men and women in physical shape, so the Army can grab them and send them off to Iraq and send them off to Afghanistan where the food choices will be delectable." 09600132.doc 152 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Representative Bost."
"I move the previous question."
"You are the last speaker, so Representative Davis to close." Davis, M.: "Thank you very much. I just… I just want to state that recent studies show that 61 percent of United States adults are overweight or obese. And in addition to possible psychological repercussions, obesity could lead to numerous health conditions; heart attack, stroke, high blood pressure, diabetes, knee and joint problems and various types of cancer. There are over 100,000 deaths each year in the United States associated with obesity. As our young people attend college, the choices that are available to them should include nutritional foods. I ask for an 'aye' vote."
"There has been a request for a Roll Call vote. The question is, all those in favor of the adoption of House Resolution 582 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? Have all voted who wish? Representative Coulson. Mr. Clerk, take the record. On this Resolution there are 51 Members voting 'yes', 59 Members voting 'no', and the Resolution fails. Representative Will Burns. Will Burns on the floor? Representative Burns, you have House Resolution 636, Will. Read the Resolution, Mr. Clerk."
Clerk Mahoney: "House Resolution 636 congratulates the administration, faculty and students of Hales Franciscan High School and the community of supporters for the 09600132.doc 153 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 commencement of the school's ambitious capital improvement campaign and designates the weekend of October 8-11, 2009, as Hales Franciscan High School Rededication Weekend in the State of Illinois."
"Representative Burns."
"Thank you very much, Speaker, Members of the House. House Resolution 636 is a timely Resolution honoring Hales Franciscan High School for their ground breaking and successful completion of new facilities at their high school. The Body should know that Hales Franciscan High School is in my Representative district and is renowned in the Chicago area for educating black men and sending them to colleges and universities throughout the country. I seek the adoption of this Resolution. Thank you very much."
"Any discussion? Seeing none, the question is, those in favor of the adoption of Resolution 636 say 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and House Resolution 636 is a… Representative Patti Bellock, under the Order of Resolutions, you have House Resolution 803. Representative Bellock. Patti Bellock, House Resolution 803. Read the Resolution, Mr. Clerk."
"House Resolution 803 designates the month of December as Illinois Drunk and Drugged Driving Month in the State of Illinois."
"Representative Bellock."
"Thank you very much, Mr. Speaker. This Resolution is a little bit late, but what it was, was to draw attention 09600132.doc 154 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 to the month of December being Illinois Drunk, Drugged Driving Month. And it's just to accelerate the attention that we all know is how important substance abuse is in our state. Thank you."
Speaker Lyons: "The Chair recognizes the Gentleman from Vermilion on the Resolution, Representative Bill Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"You know, I… as you look at this you might become confused, the Illinois Drunk and Drugged Driving Month. Are we encouraging people to drive drunk and drugged during one month out of the year, or what are we doing?"
"No, I think it was just to differentiate between alcohol and substance abuse, being drunk or drugged."
"Well, I… I read the analysis and all it says is that it… it designates the month of December as Illinois Drunk and Drug Driving Month in the State of Illinois. Merry Christmas, go to the office party and drive drunk. But, where… where does it say it's the object not to do that? I just want to make sure you're not sending a mixed message here."
"No. It was referring to alcohol and substance abuse. Drunk and drugged…"
"And that you shouldn't drive."
"…right. Absolutely."
"It… it… but does that language actually appear in the Resolution?" 09600132.doc 155 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Well, I don't… down in the resolved, that we restate our commitment to ensuring the Illinois roads are safe and free from drivers under the influence of alcohol and drugs."
"I… I apologize cause I don't have a copy. Is… is the purpose to remember those…"
"And I can't either, my computer's not working."
"…is the purpose to remember those who have tragically lost their lives because some people choose to drive drunk? Is that…"
"Yes."
"Okay. Then… then there isn't anything funny about that and I will join you. But I was just having a hard time wrap… you know, I just… sometimes we send mixed messages. But, if the Resolution is to make us pause and remember and I don't think… I imagine everybody in here has lost a friend or a family member to drunk drivers or drugged drivers, then that makes eminent good sense and I thank you for your patience."
"Thank you."
"Representative Ken Dunkin."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"I just had a granola bar and I'm about to have an apple off of the last Resolution. Representative Bellock, shouldn't this say… Representative Patti Bellock, shouldn't this say Illinois Drunk and Drugged Driving Prevention Month? Representative?"
"Excuse me?" 09600132.doc 156 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Shouldn't this say the Illinois Drunk and Drugged Driving Prevention Month?"
"It was the month of December that we designated as the Illinois Drunk and Drug Driving Month in the State of Illinois. It was to talk about how many people had lost their lives, three in every ten Americans will be involved in an alcohol related crash at some point."
"Representative… Representative… Representative Patti Bellock, I'm… I'm clear. I'm just trying to… you know, I have… I have young kids. I have a teenage daughter and you know, they're at that age where, you know, parents get a little nervous."
"Yes."
"I would prefer… maybe if I add, can I add an Amendment, a friendly Amendment that we put December as Drunk and Drugged Driving Prevention Month? Because this… you know, people get creative and they misconstrue things when they read them. Hell, if we're… if we're confused, you can imagine some young innocent drunk or drugged individual misconstruing the month of December as it relates to a promotion or prevention. So, can we add prevention?"
"Well, we could add prevention to it and I'll be glad to take it out and amend it if you want to. What the point of this was, was that it was to designate the month and to encourage citizens of the state to remember those that had lost their lives in alcohol and drug related fatal accidents. And that we restate our commitment…" 09600132.doc 157 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
Speaker Lyons: "Representative Bellock, continue your response."
"…that we restate our commitment to ensuring that Illinois roads are safe and free from drivers under the influence of alcohol and drugs. So, it was to do two things. It was to remember those that had died and it was also to reinstate our commitment to safe roads from those people who are under the influence of alcohol and drugs."
"Representative Dunkin, I'll give you one more minute to finish your line of questioning. Did you need another minute?"
"Thank you, Mr. Speaker. Mr. Speaker, you keep… you cut me off the last time and you're a nice enough guy. I'm just trying to get some clarification here. So, Representative Patti Bellock, is it okay if we put a friendly Amendment to this here and we put prevention? I never did hear the question to that… your response?"
"I… I'm glad to do that if you want me to, but I think that that's what the second to the last resolved says. It says that we restate our commitment to ensuring that Illinois roads are safe and free…"
"Representative, I… I'm… we're on the same page. We see where you're headed, but I don't want… you see how Representative Bill Black was confused? Some of us may be confused as well when we read this as such, if we don't put the word prevention there. So, would you be kind enough to consider a friendly Amendment so I can put prevention and, you know, after driving, prevention month?" 09600132.doc 158 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"I would be glad to do that, Representative. Where this Resolution came from was the National Highway Traffic Safety Administration."
"Representative, I…"
"This was their Resolution."
"…sure. I see it."
"This Resolution was done by women in government Legislators throughout the United States. So, this was what their Resolution was."
"Yeah. They probably made a mistake too. But… so… you're… you're open to a friendly Amendment to add the word prevention?"
"Certainly."
"Great."
"I'd be glad to."
"Thank you, Representative. Thank you, Mr. Speaker."
"Representative Bellock, it's my understanding you took the Resolution out of the record?"
"Yes, thank you."
"Okay."
"And I'll be glad to amend it."
Speaker Lyons: "Thank you. Thank you, Representative. Representative Tracy, do you seek a point of personal privilege?"
"Thank you, Mr. Speaker. I was going to rise and comment of the last comments. Just wanted to mention that I think Representative Dunkin had a very, very good point actually. And I just wanted you to know I understood what 09600132.doc 159 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 you were talking about and I thought probably the word prevention would help clarify that a little bit."
"Thank you, Representative. We took it out of the record and we'll make that clarification. We were doing so good on Second and Third Readings, then all of a sudden we do Resolutions and the bottom falls out. Representative Dan Reitz, you have House Resolution 816. Danny Reitz, House Resolution on page 17 of the Calendar, 816. Read the Resolution, Mr. Clerk."
"House Resolution 816 designates January of 2010 as Radon Action Month in the State of Illinois."
"Representative Dan Reitz."
"Thank you. The Clerk did a great job, appreciate an 'aye' vote."
"All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. Representative Brady, House Resolution 868. Representative Dan Brady. Read the Resolution… out of the record. Representative Patty Bellock, you want to try your luck on House Resolution 876? Representative Bellock on Resolution 876. Cervical Health Awareness Month, Representative?"
"Thank you very much. Yes. Thank you very much."
"Read the Resolution, Mr. Clerk."
"House Resolution 876 designates the month of January as Cervical Health Awareness Month in the State of Illinois and encourages citizens of the state to recognize the importance of good cervical health and to detect a cervical cancer in its earliest stages." 09600132.doc 160 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Representative Bellock"
"Thank you very much, Mr. Speaker. And again, I wish this had been in a more timely manner 'cause I had introduced these last November. House Resolution 876 was to designate the month of January as Cervical Health Awareness Month in the State of Illinois and encourage the citizens of this state to recognize the importance of good cervical health. The State of Illinois has been a trailblazer in bringing more attention to the issue of cervical cancer awareness. We've had a task force; we've had several recommendations. And this was just to bring attention towards it."
Speaker Lyons: "The Lady moves for the adoption of House Resolution 876. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and House Resolution 876 is adopted. Representative Reboletti, you have House Resolution 912. Read the Resolution, Mr. Clerk."
"House Resolution 912 creates the task force on recycling issues."
Speaker Lyons: "The Gentleman from DuPage, Representative Dennis Reboletti. Out of the record. Representative Karen May you have House Resolution 917. Read the Resolution, Mr. Clerk."
Clerk Mahoney: "House Resolution 917 expresses support for raising awareness and educating the public about Prader-Willi Syndrome and supports designating a Prader- Willi Syndrome Awareness Month in the State of Illinois."
"The Lady from Lake, Representative Karen May." 09600132.doc 161 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"Thank you. The Clerk said it all. It makes May Prader-Willi Syndrome Awareness Month. It's… causes great morbidity and mortality in our state. And this was brought to me by a constituent whose child suffers from this, and I'm pleased to present it to you."
Speaker Lyons: "The Lady moves for the Resolution, House Resolution 917. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and House Resolution 917 is adopted. Representative Mike Bost… Representative Mike Bost, you have House Resolution 920. Read the Resolution, Mr. Clerk."
"House Resolution 920 resolves that the Board of Higher Education shall study the feasibility of developing a two-year budgeting cycle for public institutions of higher education."
"Representative Mike Bost."
"Thank you, Mr. Speaker, Members of the House. House Resolution 920 simply has… asks for a study to be done for the two-year budget cycle for public education. It's to be completed by June 30, 2010 or starts June 30, 2010 and to be back by September 1, 2010."
Speaker Lyons: "Gentleman moves for the passage of House Resolution 920. All those in favor of the Resolution signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Resolution there's 111 Members voting 'yes', 0 voting 'no', and House Resolution 920 is adopted. 09600132.doc 162 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 Representative Mary Flowers on House Resolution 927. Read the Resolution, Mr. Clerk."
"House Resolution 927 urges the U.S. Congress to pass a Social Security Fairness Act of 2009."
"Representative Flowers."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I would appreciate the adoption of House Resolution 927."
Speaker Lyons: "Lady makes a Motion for adoption of House Resolution 927. The Chair recognizes the Gentleman from Jasper, Representative David Reis."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Yeah, Representative, what's your Resolution do?"
"Representative, it calls for the Congress to take into consideration the legislation that was passed under President Reagan that did away with the two families being able to collect Social Security."
"So, like teachers could go get a job in the private industry, their Social Security they earned would not be counted against their state pension?"
"And not only that, if… if one spouse were to pass, you would not be able to get your full pension as well as your spouse's… Social Security, I'm sorry."
"Under the current law?"
"Under the current law. And you would have to choose. You would not be able to get all of your Social Security or your spouse's Social Security that you would have 09600132.doc 163 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 ordinarily be entitled to, nor would you be able to get all of your spouse's pension. So, you would have to choose."
"Okay. Thank you very much, Representative."
"Representative Rosemary Mulligan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, would this apply to Legislators also?"
"Representative, for those of us who may have had the opportunity to have Social Security prior, yes."
"Okay. 'Cause I worked for awhile before I became a Legislator and my understanding is that I would also be included in not getting my benefits if… depending on what your pension is when you retire. So, I'm assuming that that's what would happen. So, I'm just wondering if… if this applies to us which it appears it would."
"Yes. And I think it's so unfortunate because a lot of people that is of retirement age now, they're not aware of this because it was done under Reagan. And a lot of seniors who would be able to afford their prescription drugs, would be able to live in better housing or do better for themselves if only they were able to get their own money, but the Federal Government is not allowing that. So, we're urging Congress to repeal what was done back in the '70s."
"Do you know how this would apply to a municipal or IMRF? Say, you're a firefighter and you get a pension but on your off days you also run, say, a home improvement business and you're paying taxes on that or you work for 09600132.doc 164 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 someone that's doing that. Would that… this be applicable to them also?"
"It would be applicable because back in those days it was said that despite the fact we played by the rules, we worked two jobs, and we paid our taxes and we paid into our pension. But we were greedy. I remember that word being used, the word 'greedy' because we wanted to collect both pensions that rightfully belong to us, and rightfully that belong to our…"
"Representative Mulligan, your time has expired. If you want a few… 10 to 20 seconds to wrap that up?"
"I'm fine."
"You've heard the Lady's Motion, she moves for the adoption of House Resolution 927. All in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And House Resolution 927 is adopted. On page 18 of the Calendar under the Order of Resolutions… Representative Roger Eddy, for what purpose do you seek recognition? Representative Roger Eddy on a point of personal privilege."
"Thank you very much, Mr. Speaker. Ladies and Gentlemen of the House, if you could help me welcome from Clark County, Illinois, the Marshall Elementary School. They're watching from the gallery. Welcome to Springfield."
"Enjoy your day at the Capitol, Marshall, glad to have you down here. On the Order of Resolutions starting on page 18… on the top of page 18, Representative Poe you have House Resolution 934. Read the Resolution, Mr. Clerk." 09600132.doc 165 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010
"House Resolution 934 proclaims February of 2010 as AMBUCS Appreciation Month in the State of Illinois."
"Representative Raymond Poe."
"Yeah. This is about the American Business Club and we have a very active one in Springfield. What we do like to recognize them is for the great work they do with the needy and they work with the… for the UCP. They work with the Trikes for Kids. And we just want to recognize them, and I know we're passed a little bit like Patti's, but anyway, we'd appreciate an 'aye' vote."
"All those in favor of the adoption of House Resolution 934 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution's adopted. Monique, Representative Monique Davis you have House Resolution 954. Mr. Clerk, the Resolution."
"House Resolution 954 proclaims March 9, 2010 as 4-H Day in the State Capitol."
"Representative Monique Davis." Davis, M.: "This Bill is requiring that 4-H club members learn about nutrition so that they won't be obese and that they have a special day in the Capitol."
"Lady moves for the adoption of House Resolution 954. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. House Resolution 954 for the 4-H'ers is adopted. House Resolution 961, Representative Phelps. Representative Phelps. Brandon Phelps, House Resolution… out of the record. Representative Harris you have House 09600132.doc 166 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 Resolution 992, Representative Greg Harris. Read the Resolution, Mr. Clerk."
"House Resolution 992 designates March 31, 2010, as Lawyer's United to Help Haiti Rebuild; A Call to Action Day in the State of Illinois in honor of the Haitian people and the relief efforts undertaken on their behalf."
"Representative Harris."
"Thank you, Mr. Chairman… Mr. Speaker. Representative DeLuca and I brought this Resolution to recognize some law students from our community who are organizing a relief effort for the earthquake victims in Haiti. Would appreciate an 'aye' vote."
Speaker Lyons: "Those in favor of the adoption of House Resolution 992 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. Ladies and Gentlemen, on the bottom of page 18 under Motions in Writing, Representative Lang moves that we table House Resolu… House Bill 4856, House Bill 5942, House Bill 6210 and House Joint Resolution 99. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair the 'ayes' have it. And those issues are tabled. Back to page 16 of the Calendar under Order of Resolutions. Mr. Clerk, we have House Resolution 578. And we're recognizing Representative JoAnn Osmond to present the Resolution. Read the Resolution, Mr. Clerk."
"House Resolution 578 recognizes October 15, 2009 and every October 15 thereafter, as DARE Day and 09600132.doc 167 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 encourages all citizens to support and partake in their local DARE programs."
"Representative Osmond."
"Thank you, Mr. Speaker. This… HR 578 recognizes October 15, 2010 as DARE Day and encourages all citizens to support and partake with their local DARE programs."
"All those in favor of the adoption of House Resolution 578 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And House Resolution 578 is adopted. Mr. Clerk, on page 16 of the Calendar we have House Resolution 588. Representative Moffitt will be presenting for Representative Cross. Read the Resolution, Mr. Clerk."
"House Resolution 588 recognizes the day of September 11 as Illinois Volunteer Firefighters' Day and thanks the men and women of the volunteer fire services who devote themselves to the production… protection of others at the risk of their own lives day after day by maintaining a constant state of readiness in the battle against fires and other life threatening conditions."
"The Chair recognizes the Gentleman from Knox, Representative Don Moffitt."
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. This simply would designate September 11 as a day to honor our Illinois volunteer firefighters and thank them that for their service. They're there to protect us 24/7 and obviously September 11, is the day when… called on the emergency services of 09600132.doc 168 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 our nation and it's a good day to stop and remember and show our appreciation."
"All those in favor of the adoption of House Resolution 588 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the House Resolution is adopted. Mr. Clerk, Agreed Resolutions."
"On the Order of Agreed Resolutions is House Resolution 1168, offered by Representative Brady; House Resolution 1169, offered by Representative Biggins and House Resolution 1170, offered by Representative Mathias."
"Representative Lang moves for the adoption of the Agreed Resolutions. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair the 'ayes' have it. And the Agreed Resolutions are adopted. Mr. Clerk, committee announcements."
"Committee announcements. Only one committee is meeting today immediately following Session. That's the Aging Committee in Room 114, Aging in 114. Tomorrow morning at 9 a.m. the following committees will meet: Labor in Room 118, Agriculture & Conservation in Room 122B, Elementary & Secondary Education in Room 114, Telecommunications in Room D-1, Counties & Townships in Room 115."
Speaker Lyons: "Ladies and Gentlemen, under the order of announcements, you might want to listen to this carefully. Plans for the weekend will most likely be announced tomorrow. Whether we'll be in or out Saturday and Sunday 09600132.doc 169 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 will be announced tomorrow. Representative Nekritz, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. I just want to remind everybody that at 6:30 tonight at… in the ballroom at the Hilton will be the Dancing with the Capitol Stars for the Conference of Women Legislators. You… you can get a ticket at the door. We have six legislative couples participating. It's going to be a lot of fun so make sure you get there."
"And now, seeing nothing further to come before the Illinois House of Representatives, Representative Barbara Flynn Currie moves that the House stand adjourned to the hour of 10 a.m. tomorrow, August (sic-April) 29. So, allowing perfunctory time for the Clerk, all those in favor of adjournment signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and the House stands adjourned, allowing perfunctory time for the Clerk until the hour of 10 a.m. tomorrow, Thursday, April 29. Have an enjoyable evening everyone."
"House Perfunctory Session will come to order. Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, reports the following action taken on April 28, 2010: approved for floor consideration, referred to the Order of House Bills- Second Reading, is House Bill 5231, House Bill 5751 and House Bill 6123; referred to the Order of Third Reading, House Bill 173, House Bill 5480, House Bill 5495 and House Bill 5849. Representative Beiser, Chairperson from the Committee on Aging, reports the following committee action taken on April 28, 2010: do pass Short Debate is Senate 09600132.doc 170 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 132nd Legislative Day 4/28/2010 Bill 3267. Introduction and reading of House Bills-First Reading. House Bill 6858, a Bill for an Act concerning State Government. House Bill 6859, offered by Representative Jakobsson, a Bill for an Act concerning public employee benefits. House Perfunctory Session will come to order. Rules Report. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, reports the following committee action taken on April 28, 2010: approved for floor consideration, Amendment #1 to House Resolution 1022, Amendment #1 to House Joint Resolution 111; approved for consideration and referred to the Order of Second Readings Senate Bills is Senate Bill 43 and Senate Bill 2168; recommends be adopted and referred to the House Floor for floor consideration is Amendment #2 to Senate Bill 2556, Amendment #1 to Senate Bill 3118, Amendment #1 to Senate Bill 3295, Amendment #3 to Senate Bill 3359, Amendment #2 to Senate Bill 2509 and Amendment #1 to Senate Bill 3635. There being no further business, the House Perfunctory Session will stand adjourned." 09600132.doc 171