"Attention. Would Members please come to the House Floor. The House will come to order. Please come to the House Floor. All Members to the House Floor."
"The hour of 1:43 having arrived, the House will be in Session. We shall be led in prayer today by Pastor Timothy Boyce who is with University Baptist Church in Charleston, Illinois. Pastor Boyce is the guest of Representative Rose. Members and guests are asked to refrain from starting their laptops, turn off all cell phones, and rise for the invocation and the Pledge of Allegiance. Pastor Boyce."
"Shall we pray. Lord, we thank You for the opportunity to be here today. Lord, I thank You for the Representatives that have been selected to serve this great state. I ask that You would give them the wisdom, guidance, discernment, humility, and compassion and the forbearance for the road ahead and the many trials. Lord, we thank You for the opportunity You give to each one of us to serve our fellow man each day. Be with this Session and guide it, Amen."
Speaker Mautino: "We'll be led in the Pledge today by Representative Rita."
"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 Mautino: "Roll call for Attendance. Representative Bost." 09600136.doc 1 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"Thank you, Mr. Speaker. Let the record reflect that all Republicans are here, present and ready to do the work of the people."
"Majority Leader Currie."
"Thank you, Speaker. Please let the record reflect the excused absence of Representative Sara Feigenholtz."
"Mr. Clerk, take the record. 117 answering the call, the House will be in order. Mr. Clerk."
"Committee Reports. Representative Jakobsson, Chairperson from the Committee on Telecommunications reports the following committee action taken on… on May 04, 2010: recommends be adopted is Floor Amendment #3 to Senate Bill 107. Representative Burke, Chairperson from the Committee on Executive reports the following committee action taken on May 04, 2010: do pass as amended Short Debate is Senate Bill 3348; do pass Short is Debate Senate Bill 3421. Representative Dugan, Chairperson from the Committee on State Government Administration reports the following committee action taken on May 04, 2010: recommends be adopted is House Resolution 1156. Representative Osterman, Chairperson from the Committee on Labor reports the following committee action taken on May 04, 2010: do pass as amended Short Debate is Senate Bill 3531. Representative Bradley, Chairperson from the Committee on Revenue & Finance reports the following committee action taken on May 04, 2010: do pass as amended Short Debate is Senate Bill 3619; recommends be adopted is a Motion to Concur in Senate Amendment #1 to House Bill 5169 and a Motion to Concur in Senate Amendment #1 to House 09600136.doc 2 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 Bill 5781. Representative Flider, Chairperson from the Committee on Electric Generation & Commerce reports the following committee action taken on May 04, 2010: reports be… recommends be adopted is a Motion to Concur in Senate Amendment #1 to House Bill 4649. Representative Froehlich, Chairperson from the Committee on Cities & Villages reports the following committee action taken on May 04, 2010: recommends be adopted is a Motion to Concur in Senate Amendment #1 to House Bill 5923. Representative Crespo, Chairperson from the Committee on Elementary & Secondary Education reports the following committee action taken on May 04, 2010: recommends be adopted is a Motion to Concur in Senate Amendment #1 to House Bill 4209 and Floor Amendment #1 to Senate Bill 3681. Representative Boland, Chairperson from the Committee on Higher Education reports the following committee action taken on May 04, 2010: do pass as amended Short Debate is Senate Bill 2538. Representative Currie, Chairperson from the Committee on Rules reports the following committee action taken on May 04, 2010: approved for floor consideration, recommends be adopted is Amendment #8 to Senate Bill 642, Amendments 2 and 3 to Senate Bill 2494; a Motion to Table Amendment #1 is recommends be adopted on Senate Bill 3176. On the Order of Concurrence, Motions to Concur: Motion to Concur in Senate Amendment #1 to House Bill 4846 has been approved recommends to be adopted; and a Motion to Concur in Senate Amendment #1 to House Bill 5633. Referred to the House Committee on Rules: House Resolution 1204, offered by 09600136.doc 3 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 Representative Pritchard, and House Resolution 1208, offered by Representative Ford."
Speaker Mautino: "Majority Leader Currie is seeking recognition."
"Thank you, Speaker. I was indeed seeking recognition and I do appreciate being recognized. I have a Motion to suspend the posting requirements so that Senate Bill 3010 can be heard in Counties & Township, Senate Bill 3401 in Revenue, Senate Joint Resolution 88 in Higher Ed., Senate Joint Resolution 105 in Agriculture, Senate Joint Resolution 117 in Aging, and Senate Joint Resolution 118 in Transportation."
"Seeing no objections, all in favor say 'yes'; opposed 'no'. The 'yeses' have it. And the Motion is granted. Representative Rose, the Gentleman from Champaign, is seeking recognition."
"Point of personal privilege, Mr. Speaker."
"State your point, Sir."
"Ladies and Gentlemen, behind me in the gallery are student ambassadors from my district, several different schools in my district. They've been waiting patiently since noon for us to begin our deliberations, but if we give them a big Springfield welcome,. I'd appreciate it."
Speaker Mautino: "Welcome to the House of Representatives. Representative Myers."
"Point of personal privilege, Mr. Speaker."
"State your point, Sir."
"Also joining us in the gallery, just to the right of that last group, is Miss Kelsey Reed, the Miss Macomb of 09600136.doc 4 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 2010. She's a 21-year-old senior at Western Illinois University. She's from Quincy, Illinois, with a major in Communications and a minor in dance. Her platform this year is heart health, and disease prevention for every generation. And she's going to participate in the Miss Illinois Pageant in June. Please welcome Miss Macomb 2010, Kelsey Reed."
Speaker Mautino: "Welcome to Springfield. On Supplemental Calendar #1 appears Senate Bills on Second Reading. Senate Bill 2358. Excuse me. Excuse me. Correction. 2538. Read the Bill."
"Senate Bill 2538, a Bill for an Act concerning education. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
Speaker Mautino: "Third Reading. Senate Bill 3348, Representative Osterman. Read the Bill. Representative Harris. Read the Bill."
"Senate Bill 3348, a Bill for an Act concerning liquor. Second Reading. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Leave this Bill on Second Reading. Senate Bill 3421, Representative Osterman. Read the Bill."
"Senate Bill 3421, a Bill for an Act concerning firearms. Second Reading. No Amendments. No Motions filed."
Speaker Mautino: "Third Reading. Senate Bill 3619, Representative Winters. Read the Bill." 09600136.doc 5 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"Senate Bill 3619, a Bill for an Act concerning local government. Second Reading. Amendment #1 was approved in committee. No Floor Amendments. No Motions filed."
Speaker Mautino: "Third Reading. Senate Bill 3531, Representative Ford. Read the Bill."
"Senate Bill 3531, a Bill for an Act concerning State Government. Second Reading. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
Speaker Mautino: "Third Reading. Representative Beaubien, under the Order of Resolutions is House Resolution 1156. Mr. Clerk, read the Resolution."
"House Resolution 1156 designates the date of May 18, 2010 as Abraham Lincoln Presidential Nomination Day in the State of Illinois."
"Representative Beaubien."
"Yes, thank you. It's a unique pleasure to introduce this Resolution. On the 18th of May, there’s going to be a celebration at the site of the Wigwam in Chicago, which is at the corner of Wacker Drive. What makes it special for me is one of the original settlers of Chicago was Mark Beaubien's brother John. The Sauganash Hotel was on that site before the Wigwam was actually built. The Sauganash Hotel burned down and so did the Wigwam eventually, but that is the location where he was nominated on that date and there's going to be a big celebration there on that day and they want to present this Resolution. Thank you." 09600136.doc 6 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
Speaker Mautino: "The Gentleman moves adoption of House Resolution 1156. All in favor vote 'yes'; opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Ford, Hatcher, Mulligan, Reboletti, do you wish to be recorded? Mr. Saviano, do you wish to be recorded? Mr. Clerk, take the record. 117 voting 'yes', 0 voting 'no', 0 voting 'present', House Resolution 1156 is adopted. It's the intent of the Chair to go to Senate Bills on Third Reading. Page 3 of the Calendar appears Senate Bill 2548, Representative Black. Read the Bill, Mr. Clerk."
"Senate Bill 2548, a Bill for an Act concerning education. Third Reading."
"Representative Black."
"Thank you very much, Mr. Speaker, and Ladies and Gentlemen of the House. This Bill came over to the Senate from Senator Demuzio. It simply amends the Public Community College Act, provides that the Community College Board shall certify, prepare and submit monthly vouchers, currently, it's a quarterly voucher to the State Comptroller's Office. When they're quarterly vouchers and you get into a situation that the State of Illinois is in now, if you miss two or three payments you're nine months behind. Now, it isn't going to make any difference. What this Bill says is we'll go to monthly vouchers and payments. We all know that isn't going to happen until we get in better shape, but when we are in better shape, this will significantly, I think, help community colleges manage 09600136.doc 7 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 their cash flow. That's why we bring the Bill forward. I'll be glad to answer any questions you have."
"The Gentleman moves passage of Senate Bill 2548. No one seeking recognition, the question is, ‘Shall this Bill pass?’ All in favor vote ‘yes’; opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative McAuliffe, Brady, do you wish to be recorded? Mr. Clerk, take the record. 117 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’, Senate Bill 2548, having received the Constitutional Majority, is declared passed. Representative Bellock, Senate Bill 3039. Mr. Clerk. Out of the record. Representative Mell, Senate Bill 3084. Mr. Clerk, read the Bill. Mr. Clerk, place that Bill on the Order of Second Reading. Are there any Amendments?"
"Floor Amendment #1, offered by Representative Mell, has been approved for consideration."
"Representative Mell on Floor Amendment #1."
"Mr. Speaker, and Ladies and Gentlemen of the House, Floor Amendment #1 provides that a sex offender must receive notice to be prosecuted to the notice… can be notice by mail or any other kind of notice, such as verbal notice. Three, the State Police need not notify an offender by any particular date after the effective date in order to trigger the duty to register. It was language that the… we worked with the State Police."
"The Lady moves adoption of Floor Amendment #1. No one seeking recognition. All in favor say 'yes'; 09600136.doc 8 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 opposed 'no'. The 'yeses' have it. And the Amendment is adopted. Mr. Clerk, any further Amendments?"
"No Further Amendments. No Motions filed."
"Third Reading. Representative Bellock, 3129. Mr. Clerk, read Senate Bill 3129."
"Senate Bill 3129, a Bill for an Act concerning health. Third Reading."
"Representative Bellock."
"Thank you very much, Mr. Speaker. What Senate Bill 3129 does is to amend the Mental Health and Developmental Disabilities Code. It makes certain changes regarding involuntary admission in response to the Illinois Appellate Court case regarding Torski. It deletes the subject of dangerous conduct. This is a Bill that has been worked on for almost two years now. It's agreed upon by every group within the Mental Health Summit involving any mental health group in Illinois."
"The Lady moves passage of Senate Bill 3129. No one seeking recognition. All in favor vote ‘yes’; opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Leitch, Mitchell, Pritchard, Sacia, do you wish to be recorded? Mr. Clerk, take the record. 117 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’, Senate Bill 3129, having received the Constitutional Majority, is declared passed. Representative Poe."
"Point of personal privilege, Mr. Speaker."
"State your point, Sir." 09600136.doc 9 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"Yeah. I'd like to announce to my right in the balcony today we have Russel Benning, from the Trinity Lutheran School with the eighth grade class. They come every year and it's a part of their trip, and we really appreciate them being here. So, give them a big House welcome. Thank you."
Speaker Mautino: "Welcome to Springfield. Representative Mendoza, on page 4 of the Calendar is Senate Bill 3695. Mr. Clerk, read the Bill."
"Senate Bill 3695, a Bill for an Act concerning corrections. Third Reading."
"Representative Mendoza."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 3695 creates two funds. The first one is known as the State Police Streetgang-Related Crime Fund. What this entails would be a $100 fine on any member of a streetgang who commits any criminal offense. That money would then go into a State Police Streetgang-Related Crime Fund that would be used for the purposes of preventing streetgang violence, education, that type of activity and/or operations related to streetgangs. The main component of this Bill, however, is an important provision that would help us eliminate the need to lay off 500 members of the Illinois State Police as well as stave off the closings of the district police station. It's a very, very important Bill. I think I've spoken to pretty much every Member of this Body in terms of either supporting this or signing on as a cosponsor. And what that portion of the Bill would do would be to create the State Police 09600136.doc 10 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 Operations Assistance Fund. And we would do that by imposing a fee of… the current fee that the clerks collect between $1 and $15 for any crime upon which a defendant is found guilty or given supervision. That fee that they currently collect would be doubled and the additional revenue would be put into the State Police Operations Assistance Fund. We have done the math on this and it's significant. We're talking about a revenue stream of 22-23 million dollars which will for all intents and purposes save the 500 Trooper jobs that we're looking at potentially eliminating and make sure that we can keep the district offices open. I want to thank you for your attention. And would be happy to answer any questions."
"The Lady moves passage of Senate Bill 3695. On that question, the Gentleman from Vermilion, Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"She indicates that she will."
"Representative, Floor Amendment #2 is on the Bill, correct?"
"I believe… hold on. Floor Amendment number… Which one are you referring to? I'm sorry. I've got several Amendments on here. I think #2 we did not move. We moved #3 which was to… to protect the funds from being swept.”
"All right. So… so, 2 is not on the Bill?"
"Oh yes, hold on. Two is the Bill. The additional revenue stream that we're collecting…
“All right.” 09600136.doc 11 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
“…for the Illinois State Police, yes."
"I think it's important that we note, Floor Amendment #2 adds to the Bill. It is not become the Bill."
"Exactly.”
“Okay.”
“it adds the second fund."
"Then Floor Amendment #3 prevents this fund from being swept."
"Correct."
"Now, let me ask you then, one of the… the underlying Bill creates an additional fee, as I understand it, on a criminal offense committed by a streetgang member. Now, I'm assuming that the courts will have to indicate… or the prosecution will have to prove that the person is indeed a member of a known streetgang."
"That's correct. And we actually have… we have precedent for doing this already when we passed the initiative that would add an increase…"
"Okay."
"…enhancement on a gun offense if it's in the possession of a streetgang member."
"All right. So… so, that… all the due process rights are in place as it has been on… on laws similar to this?"
"That's correct."
"Okay. Now, what… where I'm a little confused, of the additional fee, how much goes to the circuit clerk and then how much would then revert to, or be directed to the Illinois State Police?" 09600136.doc 12 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"Is this for the… the initial part of the Bill with the streetgang fund?"
"Yes."
"That would be $95 goes into the fund for the Streegang Crime Fund with the Illinois State Police and $5 goes to the clerk."
"All right. So, the $95 then could be used by the Illinois State Police for operational expenses?"
"Related to streetgangs. This is a specific streetgang…"
"As it only related to streetgangs?"
"Yes. Yes."
"All right. I… I'm under a mistaken impression and I thought that part of the reason for this Bill was hopefully we could avoid the 465 lay offs of State Troopers."
"Yes. That would be the… that would be Amendment 2. So they're two separate funds, Representative.”
“Okay.”
“And I'm glad we're discussing this. The first fund was the original underlying Bill which puts a $100 fine on anyone who is committed of an offense of the Criminal Code who's a member of a streetgang. That goes into a separate streetgang related fund."
"Okay. If…"
"Okay. And then the second Amendment, which is… I know usually the right side of the aisle always supports the Second Amendment, right? I'm kidding. So, the second Amendment that we've added to this is an entirely separate fund and they're both protected from sweeps. The second 09600136.doc 13 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 fund is the one that mirrors the… the fees that the clerks currently collect, which go between $1 and $15. That has generated 22 to 23 million dollars a year, $22.6 million to be specific last year. We believe that that revenue takes us very close to where we need to be to avoid the layoffs and the district closures."
"Okay. So…"
"Two separate funds entirely."
"Okay. I'm… with the help of staff, I've now… I'm now following what you're trying to do, but I think in the interest of clarity, Amendment 3 doesn't prevent sweeps per se, but it does prevent administrative chargebacks."
"Yes, that's correct."
"Because it… as I recall somebody suddenly is opposed to antisweep language."
"Well, I'm certainly not, but…"
"I'm not either, but…"
"…I guess the boss…"
"I'm not the Speaker."
"…the boss might be. Yes. So, we're… I'm doing what I can in this Bill to protect those funds."
"Okay. Well, thank… thank you very much, Representative. Ladies and Gentlemen of the House, I rise in strong support of the Lady's Bill. We often sit here and decry and say to our media or people back home, oh, my goodness, we just can't lay off 465 State Troopers. It would shock you and shock the public and I don't use the figure, but how few State Police officers are on duty in my Illinois State Police District 10 from 11 p.m. to 7 a.m. 09600136.doc 14 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 What this is causing is that the various county sheriffs’ departments are having to answer a good many calls and accident reports on interstate highways. That takes understaffed county deputy sheriffs off of their regular patrol, puts them out on the interstate highway and it wasn't that long ago that our sheriff's department, somebody, who evidently can't see flashing lights, ran into one of our patrol cars and totaled that. So, you know, we received an insurance settlement. But rather than decry the laying off of State Troopers, Representative Mendoza has come up with a Bill that lets those convicted of crimes pay an additional fee and some of that money can then be used to go to a fund and the Illinois State Police and hopefully mitigate the number of layoffs. I don't see anything wrong with this. It doesn't charge innocent people or noncriminal behavior offenses anything, but it does charge a criminal defendant who has been adjudicated as guilty additional money that can then go to the Illinois State Police and… and as I said, mitigate some of these layoffs. It's one of the few positive things we can do and I hope that you'll vote ‘yes’ because I… I don't know if any of you want to go home and try to defend why 465 State Police officers were laid off. This Bill deserves an 'aye' vote."
"Lady's moved passage of Senate Bill 3695. All in favor vote ‘yes’; opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Boland, Connelly, May. Mr. Clerk, take the record. 117 voting ‘yes’, 0 voting ‘no’, 0 09600136.doc 15 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 voting ‘present’, Senate Bill 3695 is declared passed. Senate Bill 3267, Representative Turner. On page 3 of the Calendar is Senate Bill 3267. Mr. Clerk, read the Bill."
"Senate Bill 3267, a Bill for an Act concerning aging. Third Reading."
"Representative Turner."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the Assemblies. Senate Bill 3267 is a Bill that is agreed upon by the Department of Aging, the Illinois Bankers Association, the Department of Financial Regulation, and the Credit Union Association. and it deals with trying to protect elderly seniors against neglect regarding their financial situations. Basically, it provides mandating reporting. And the Amendment 1 is an agreed Amendment which becomes that Bill between those agencies that I mentioned earlier. And I move for adoption of Senate Bill 3267."
"Gentleman has moved passage of Senate Bill 3267. On that question, the Gentleman from Vermilion Representative Black."
"Thank you very much, Mr. Speaker, and Ladies and Gentlemen of the House. I rise in strong support of the Bill and let me tell you very briefly why. I received an e-mail from the director of the largest senior services organization in my legislative district and that is CRIS, C R I S, Senior Services. Director Marchant told me that in the month of April she had 23 reports, 23 reports that had to be investigated, of elder abuse, and of those 23, 20 dealt with financial abuse. And they are simply running 09600136.doc 16 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 out of resources to handle the caseload that they've been given. So, Amy told me that this Bill is a positive step in making others in that chain of financial neglect or financial exploitation, if you will, to alert others to what is going on or what may be going on so that some of it can be stopped before the financial exploitation takes place. I can't imagine that there… I don't think there's any opposition to this Bill and I know those who work on a day to day basis out in the field with senior citizens feel this is a very, very important piece of legislation. And I think certainly deserves our 'aye' vote. And my thanks and congratulations to the Sponsor for working something out that probably should have been done a long time ago."
"Representative Pihos."
"Thank you, Mr. Speaker, and to the Bill. I would like to commend the Sponsor. There actually was a lot of controversy on this Bill, but he did a yeomen's job of bringing people together at the table to make sure that we could not only agree to this but the… this would be something in the future that would benefit our seniors. So, thank you very much, Representative Turner."
"Gentleman has moved passage of Senate Bill 3267. All in favor vote ‘yes’; opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Washington, do you wish to be recorded? Mr. Clerk, take the record. 117 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present, Senate Bill 3267 is declared passed. On page 4 of the Calendar is 09600136.doc 17 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 Senate Bill 3733, Representative Mathias. Mr. Clerk, read the Bill."
"Senate Bill 3733, a Bill for an Act to revise law by combining multiple enactments and making technical corrections. Third Reading."
"Representative Mathias."
"Thank you, Mr. Speaker. Each year we have a Bill that's called the Revisery Bill. What it is, is it's the Legislative Reference Bureau's Bill that takes… it doesn't make any substantive changes in the law. What it does is it combines different laws that we pass and renumbers them. There's a whole list of them, I'm sure you don't want me to read them, but it does not make any substantive changes. What it does basically is if you… if two people file similar Bills, it kind of renumbers the Section so that they make sense. So I ask for your… your 'aye' vote."
"Gentleman has moved passage of Senate Bill 3733. No one seeking recognition, the question is, 'Shall this Bill pass?' All in favor vote ‘yes’; opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Pihos, do you wish to be recorded? Mr. Clerk, take the record. 117 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’, Senate Bill 3733 is declared passed. Representative Golar, Senate Bill 3780. Read the Bill."
"Senate Bill 3780, a Bill for an Act concerning State Government. Third Reading."
"Representative Golar." 09600136.doc 18 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"Thank you, Mr. Speaker and Members of this great Body. Senate Bill 3780 really makes some clarifications in the Bill to align itself in the language with the Executive Order that was given by the Governor reinstating the Illinois State Diabetes Commission. Also, putting in a date as when those grants would be available, July 1, 2010. It also requires that DPH, to include in its public health promotion, programs and services to individuals with high risk of asthma, pulmonary disorders, such as Hispanics, people of African decent, the elderly, obese individuals, persons with high blood sugar or content, and persons with a family history of diabetes. Lastly, the Amendment makes the technical changes of the transfer of the agencies from DHS to DPH. And I would ask for an favorable vote. Thank you."
"The Lady moves passage of Senate Bill 3780. No one seeking recognition, the question is, 'Shall this Bill pass?' All in favor vote ‘yes’; 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. 117 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’, Senate Bill 3780 is declared passed. Representative Senger."
"Thank you, Mr. Speaker. On March 17 this year we passed a Resolution in recognition and acknowledgment of childhood muscular dystrophy called duchenne muscular dystrophy and the day we're going to recognize this is June 20 Now, this… we have a special person in the House today. I have the Karlin family and I also have Ryan Karlin who is 09600136.doc 19 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 on my right. Ryan is the young man who this is in recognition for. His birthday is on June 20. So, I want to say welcome to Springfield and you're… great family. Hi, Ryan."
"Welcome to the House of Representatives. The Chair’s intent is to go to Senate Bills-Second Reading. And on the Calendar appears Senate Bill 107, Representative McCarthy. Mr. Clerk, read the Bill."
"Senate Bill 107 has been read a second time, previously. Floor Amendments 3 and 4 have been filed to the Bill but not yet approved… Correction. Senate… Floor Amendment #3 has been recommends be adopted."
"Representative McCarthy, Floor Amendment #3 to Senate Bill 107."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Floor Amendment #3 to Senate Bill 107 is the telecom rewrite Bill. We will have a Floor Amendment #4 which adds two words to it later, I don't know if they'll be right after this… that comes out of Rules, hopefully sometime today. But after months and months of work on the telecom rewrite we have now come to, I think, a very successful conclusion. I was very proud to present the Amendment in committee this morning and after much discussion and much testimony by witnesses from all over the State of Illinois we were able to pass that Bill 14 to 0 to 0 and… in the committee. So, basically, I will go through quickly some of the things as far as the consumer protections in the Bill. We will extend the safe harbor packages for the full three years of the Bill. The Bill 09600136.doc 20 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 will sunset on July 1, 2013. The safe harbors are packages that were negotiated between the Attorney General's Office and the Citizens Utility Board a couple years ago and they are low price packages for people who want to maintain their landline and also maintain the service quality standards. There's basically three different plans: the basic plan, which is 30 minutes a month plus a line, and that is for under $10 a month plus federal taxes. The extra plan which is a line with unlimited calls so… and the plus package is a… the line, unlimited calls and two alter services which are basically things like call waiting, caller ID, and voice mail. So, if a person has low needs they can stay on those packages. The middle package, the extra package, not only is frozen for the three years but also is reduced by $1, this was in negotiations we had with AT&T after suggestion by the Attorney General's Office. The plus package, which is the one with the two services plus the unlimited phone calls, is going to be held at under $20. So, these are all three great bargains that we will continue to offer. The area of Chicago that these things were to expire in the middle of next year will also be grandfathered in so they will also serve for the entire… entire existence of the Bill which runs through July of 2013, as I said earlier. Also, in a change that was made between the last Amendment and this one, the… there was language taken out so that, if we do roll this Bill over in the future, these service packages will continue. That was also at the request of the AG’s Office and CUB. These mainline offerings plus the consumer service packages do 09600136.doc 21 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 include service quality standards. Service quality standards start with the… the return to service, if you're out of service. Anything that's over 30 hours you will get a credit on your phone bill. That works out to be the percent of the month that you actually lost your service. So, if it's like 36 hours, that would be a day and a half that they would take off of your month… off your bill. If you're out for more than two days, if you're out for greater than 48 hours but less than 72 hours, you get one- third of your line charge off. If you're out between 72 hours and 96 hours, between three and four days, you get two-thirds of your bill off. If you're off more than four day but less than five, your entire line charge for that month is credited. If the… if you're out for more than five days, you get the entire line charge credited plus $20 a day. So, I think these are service standards for people who still want to stay in the protected market. As we know, more and more of our citizens are moving into the unprotected market of wireless and broadband. Most recognizes VoIP service which is Voice-over Internet Protocal. There's also, for elected providers, the only person that offers those programs today is AT&T in their service area. Once other companies want to opt in as elected providers, they will also have to work with the ICC in order to implement programs… or implement a plan just like those that are offered in the safe harbor program by AT&T today. There is an exception. If one of the smaller companies do not have the equipment that will actually be able to quantify the number of calls, then they are given 09600136.doc 22 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 exemption from having the basic plan and are just told to have the extra and the plus. The… as I said earlier, this will add VoIP registration to our telecom standard. The… this was very important to that industry. That it’s just registration, and as I expressed to the committee today, that means basically the name of the… the name that they have with the Secretary of State as far as the official name of their company that's doing business with the state, the address of the company, the area that they serve and… and also a phone number for their dispute resolution service. Dispute resolution is something that they have to have to be in business today, so this is nothing extra on them. We also give them the option that they can ask the ICC to keep this information confidential and proprietary, which was also important to them. We went over many other aspects of the Bill. And to the Members of the committee, as I said earlier, who had been working on this and are very closely involved with it and… But I think I'll stop at this point for the… for the general audience here in the House. And invite questions, if you have, or comments by other Members of the committee or Members of the House. So, I'd ask for your support. I think this is a great step forward. We had more than 10 members of the business community come forward and say they were 100 percent for this today. I could have had as… many more if I had wanted that. Over 160 Chambers of Commerce have signed on to this Bill. Also the IBEW has signed on. IBEW21 has signed on to this Bill. That was a wonderful addition because for a while there we didn’t think we were going to have them. We 09600136.doc 23 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 did have two opponents, but even they, I think, were somewhat tempered in their comments. So, I'd entertain any questions from the Body. And I would ask for the adoption of Floor Amendment #3."
"The Gentleman has moved adoption of Floor Amendment #3. On that question, the Gentleman from Jackson, Representative Bost."
"Thank you, Mr. Speaker. I’d just encourage the Members of our side of the aisle… well, the entire chamber to vote 'aye' to move this on. And then we'll debate it more when it's on Third."
"Representative Lang."
"Thank you, Mr. Speaker. Ladies and Gentlemen, I rise in support of the Gentleman's Amendment. I just want to thank Representative McCarthy for his hard work on this. It was a very difficult Bill over a very long period of time and he deserves our thanks. I understand that, while not everybody's getting everything they wanted from this, there's been good compromises on all sides. And this is an Amendment we should support and Representative McCarthy, thank you."
"Representative Jakobsson."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates that he will."
"It's my understanding there's been a lot of talk, Representative, about the company, AT&T in particular, not having to live up to its build out. And can you tell me, I live in an area where, you know, it's more rural than 09600136.doc 24 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 Chicago. Are we still going to see some broadband expansion?"
"I think we certainly will. I mean, that was one of the points of contention. In fact, the representative from CUB brought up the fact that, in the recent Frontier purchase of Verizon, that they promised to build out to 85 percent of their… he didn’t say the time frame but that sale was just made in the last couple weeks… that they committed to an 85 percent build out and we reported in committee that actually AT&T had under the video Bill committed to a 90 percent build out and they have met that according to the ICC and the Attorney General's Office. And the… the lawsuits that were placed when the ICC interpreted it as being 90 percent of every individual area, instead of the entire area, are being dismissed by this legislation. But I will tell you that all of the people I've spoken to, both from the Verizon before they sold out to Frontier, the AT&T people, have all assured me that if there is areas that are close to meeting the requirements for a broadband expansion, after passing this Bill they'll be much closer to it than they are today. We know that everybody has at least a wireless connection today. We know we're getting close to the point where we have 100 percent coverage if you include cable and phones lines like AT&T U-verse. But my answer was… I really believe that we'll be a lot closer to having build out in those areas that we would be without the passage of this Amendment and the Bill."
"Thank you." 09600136.doc 25 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"Thank you."
"To the Bill. I rise in support of this Bill. I know that broadband is very important to individuals, to health care and to education. And being in a area that… higher education is very important. I know this is going to be good for everbody across the state. So, I would urge an 'aye' vote."
Speaker Mautino: "Further discussion? The Gentleman from Vermilion."
"Thank you very much, Mr. Speaker. Inquiry of the Chair."
"State your inquiry, Sir."
"Yes. Is there an additional Amendment that is currently in the Rules Committee?"
"Mr. Clerk."
Clerk Bolin: "Floor Amendment #4 remains in the Rules Committee."
"All right. Mr. Speaker, is it the intent of the Chair to simply move this Amendment and then wait until the Rules Committee kicks the other Amendment out and then we’ll vote on the Bill or how… What's the procedure that we'll follow on this Bill?"
"Representative McCarthy. My… My intention on the Bill is to adopt the Amendment and then the Amendment 4 comes out, that will be placed on the Bill."
"All right. So that we could…"
"Final vote won't be…"
"…we could debate the Bill after all the Amendments are on the Bill." 09600136.doc 26 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"That is correct."
"But thank you very much."
"The Gentleman has moved adoption of Floor Amendment #3 to Senate Bill 107. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. And the Amendment is adopted. Mr. Clerk, any further Amendments?"
"No Further Amendments have been approved for consideration. No Motions are filed."
"Third Reading. And take that Bill out of the record. Representative Moffitt. Representative Moffitt, Senate Bill 459. Out of the record. Representative Mathias. Out of the record. Senate Bill… Representative Bradley, Senate Bill 1118. Out of the record. Representative Coladipietro, Senate Bill 1332. Read the Bill."
"Senate Bill 1332, a Bill for an Act concerning financial regulation. The Bill was read a second time on a previous day. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Joyce, Senate Bill 2494. Would you like to move this Bill to Third Reading? Read the Bill."
"Senate Bill 2494, a Bill for an Act concerning education. The Bill was read a second time on a previous day. No Committee Amendments. Floor Amendment #1 has been adopted. Floor Amendments 2 and 3 have been approved for consideration. Floor Amendment #2 is offered by Representative Joyce."
"Representative Joyce on Floor Amendment #2." 09600136.doc 27 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"Mr. Speaker, Ladies and Gentlemen of the House, I’d like to withdraw Floor Amendment #2 and adopt Floor Amendment #3."
"Mr. Clerk, withdraw Floor Amendment #2. Place Floor Amendment #3 on the board. Representative Joyce on Floor Amendment #3."
"Yes. Mr. Speaker, Ladies and Gentlemen of the House, Floor Amendment #3 simply clarify and make some changes that were requested by the Illinois State Board of Education along with the Chicago Public Schools. And it makes sure that the money stays with the student."
"The Gentleman from Crawford, Representative Eddy."
"Thank you. Would the Sponsor yield?"
"He indicates that he will."
"Representative, I guess the question I have is kind of a general one. There was some concern that the program… I think the best way I could use to describe it would be cost neutral. And as the Bill was… as the Bill came from the Senate, I had that concern. Now, I thought… I thought Amendment #2 was the effort to make sure this was cost neutral?"
"Amendment #1 was that effort. We adopted that. Amendment #2 was language that was requested from ISBE and CPS, but then it didn't quite do it. So, Amendment #3 is the language that both CPS and ISBE agreed makes this cost neutral and nobody's getting double billed in any other way."
"So, what about the special education issue related to…" 09600136.doc 28 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"Yeah. This… this is… that language addresses what ISBE and CPS chief legal counsels wrote that language, that last paragraph of Amendment #3, that they think addresses the special education issue because the count would then… the count for federal and state purposes, once the child leaves, would not apply."
"That's a… that's a pretty complicated calculation."
"It's… by anybody… by anybody's terms, it is, yes."
"Yeah. And… and I… I want to make sure that… and one of the major concerns I've had is that if… that everybody who votes on this, either way, knows the issue related to cost and… and especially at a time when it's very, very difficult to fund schools, that this does not change in any way, shape or fashion the amount of money that would go to any other school based on the calculation."
"It certainly… I think we have some time to figure that out."
"Okay. Well I…”
"If you want to look at that some more, yeah."
"I appreciate that and I appreciate the fact that you've worked at that part of this. I… people may have other concerns with the Bill, but I think that is a major one. And I thank you for your consideration of that and hopefully we'll have a little bit of time. You're not moving this to Third immediately. We'll be able to check the calculation?"
"Yeah. You'll be able to check the calculation.”
"Okay. Thank you, Representative."
“I mean, I…” 09600136.doc 29 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"Further discussion? The Gentleman from Cook, Representative Dunkin. Representative Dunkin, further discussion? Representative Monique Davis." Davis, M.: "Thank you, Mr. Chairman. Will the… Mr. Speaker, will the Sponsor yield?"
"Indicates that he will." Davis, M.: "I'm sorry, Representative, I couldn't hear your answers, but what does Amendment 3 do?"
"Amendment 3 is the language that came from the chief legal counsels for both the Illinois State Board of Education and the Chicago Public School system that addresses to make sure that the money follows the student and addresses the concerns of account for special ed, to make sure that we're in compliant with Federal Law. They believe that that addresses that. The intention here is to adopt this Amendment, put it on the Bill. We're not calling it for a final action right now." Davis, M.: "So, are you saying that the $6100 would follow the student to the private school, no?"
"No. No. Sixty-one hundred dollars would be the foundation level that is currently established in… for all public school students in the State of Illinois. This in particular program would enable the student, based on today's numbers by all the calculations of the statewide educational formula… would allow for $3,717 to go to a voucher that would be given to the student that they then could use for the school of their choice." Davis, M.: "What would happen to the rest of the money?" 09600136.doc 30 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"The rest of the money doesn’t come from the state or the feds. The rest of the money that… say the Chicago Public School spends on the their children would stay within the Chicago Public Schools." Davis, M.: "So, they would get 6100 or more but only send 37 (sic-3717) with the voucher, is that correct?"
"No, not quite. They get whatever comes in on their property tax just like any local school does." Davis, M.: "No, no. I mean, the student with the voucher in hand?"
"Yes." Davis, M.: "The student with the voucher gets 3700?"
"That's correct." Davis, M.: "And then my question is, who keeps the balance of that state appropriated 6100?"
"That… that would probably… No, there's no state…" Davis, M.: "The state does not appropriate it anymore."
"The state does not approp… they don't appropriate it anymore." Davis, M.: "Okay. So, that's all… that's all these kids would get for their education is 3700?"
"They would get a voucher worth $3700 and 17… 3717 that they could apply to whatever school of choice they want to go to." Davis, M.: "But that money that they would have gotten, had they attended a public school, they would have been worth 6100?"
"No, actually they'd be worth 11,500." Davis, M.: "So, who… I don't understand what happens to that?" 09600136.doc 31 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"That comes from property tax dollars and those property tax dollars could either be spread around to the rest of the Chicago Public School students or it could be given back to the taxpayers. That's the two choices that I see there by a reduced levy." Davis, M.: "So, what we'd be saying then and I… and this will get…"
"But… but in actuality, it would probably stay with the Chicago Public School system and the increase of per pupil spending would take place in the Chicago Public School system based on the balance of 11,500 minus the 3717 multiplied by the number of students that elect to use a school choice voucher. So, in essence, we'd be increasing spending per student in the City of Chicago Public School system." Davis, M.: "You'd be increasing the spending of Chicago Public School system?"
"Per student." Davis, M.: "Per student."
"That's… that could likely happen, yes." Davis, M.: "But your Bill doesn't say that."
"Sure it does. It says… the only thing that my Bill says is that we are reducing the amount of money that is given from the state aid to the Chicago Public School system by the same amount of number of students that are leaving the system to… to go to a school of their choice." Davis, M.: "Thank you very much."
"You're welcome, Ma'am." 09600136.doc 32 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 Davis, M.: "I will address my concerns when you bring your Bill to Third Reading because I'm really concerned when a certain group of students in Chicago are expected to be educated with 3700 whereas others are educated with either 6100, 11,000 or 12,000. Now, we all know what the Constitution said for a long time about the worth of certain men in this country. We'll talk about it at… when you bring your Bill forth. Thank you."
"Further discussion? The Gentleman from Lake, Representative Sullivan. Out of the record. Representative Joyce moves adoption of Floor Amendment #3. All in favor say 'yes', opposed 'no'. The 'yeses' have it. And the Amendment is adopted. Mr. Clerk, any further Amendments?"
"No further Amendments. No Motions filed."
Speaker Mautino: "Third Reading. Senate Bill 1937 Representative Lang. This Bill's on Second Reading. Would you like to move this Bill? Out of the record. Representative Currie, Senate Bill 2534. Mr. Clerk, read the Bill."
"Senate Bill 2534, a Bill for an Act concerning State Government. Second Reading. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Leave that Bill on Second Reading. Senate Bill 2795, Representative Tryon. Read the Bill."
"Senate Bill 2795 has been read a second time, previously. No Amendments. No Motions filed." 09600136.doc 33 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"Place that Bill on the board. Read the Bill. Third Reading. Representative Froehlich, Senate Bill 3152. Read the Bill."
"Senate Bill 3152 has been read a second time, previously. No Amendments. No Motions filed."
"Third Reading. Mr. Froehlich, Senate Bill 3152. Read the Bill. Representative Froehlich. Mr. Clerk, place Senate Bill 3152 on Third Reading. Read the Bill a third time."
"Senate Bill 3152, a Bill for an Act concerning local government. Third Reading."
"Representative Froehlich."
"Thank you, Mr. Speaker. Senate Bill 3152 simply adds one item to a report to the State Comptroller and provides that there has to be some local reporting and local review of TIFs. There's nothing here that limits municipal authority; however, what we're doing is just seeking greater transparency with TIF districts. I know of no opposition to this Bill. I'd ask for your support."
"The Gentleman has… Mr. Froehlich.”
“I’m…”
“The Gentleman moves passage of Senate Bill 3152. No one seeking recognition, all in favor vote ‘yes’; opposed vote ‘no’. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Dugan, Representative Gordon, do you wish to be recorded? Mr. Clerk, take the record. 117 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’, Senate Bill 3152 is declared passed. On page 8 of the Calendar appears 09600136.doc 34 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 Senate Bill 3404. Mr. Clerk, place this Bill on the Order of Third Reading and read the Bill a third time. Representative McCarthy."
"Senate Bill 3404, a Bill for an Act concerning public employee benefits. Third Reading."
"Representative McCarthy. Out of the record. Representative Eddy, Senate Bill 3681. Mr. Clerk, place this Bill on Third Reading and read the Bill a third time."
"Senate Bill 38… Correction. Senate Bill 3681, a Bill for an Act concerning education. Third Reading."
"Mr. Clerk, place this Bill on Second Reading. Mr. Eddy on the Amendment."
"Thank you, Speaker. The Amendment that was heard in Elementary & Secondary Education basically adds to the Bill some issues that the State Board of Education has identified as duplicative language or language that is no longer relevant to the School Code. I understand that there will be another Amendment. They found about three more things. So, if we could adopt this, leave it on Second in case I have another Amendment."
"Gentleman moves adoption of Floor Amendment #1. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment is adopted. Mr. Clerk, any further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Place that Bill on Second Reading. Senate Bill 3710, Representative Currie. Mr. Clerk, read the Bill." 09600136.doc 35 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"Senate Bill 3710, a Bill for an Act concerning revenue. Second Reading. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Leave this Bill on Second Reading. Senate Bill 3716, Representative Hoffman. Read the Bill."
"Senate Bill 3716, a Bill for an Act concerning transportation. Second Reading. Amendments 1 and 2 were adopted in committee. No Floor Amendments. No Motions filed."
"Leave this Bill on Second Reading. Senate Bill 107, Representative McCarthy. Place this Bill… Mr. Clerk, Rules Report."
"Representative Barbra Flynn Currie, Chairperson from the Committee on Rules reports the following action taken on May 04: approved for floor consideration is Amendment #4 to Senate Bill 107."
Speaker Mautino: "Representative McCarthy on Senate Bill number… Senate Bill 107. Place the Bill on Second Reading. Floor Amendment #4. Representative McCarthy."
"Thank you, Mr. Speaker. Senate Amendment… Floor Amendment #4 to Senate Bill 107 adds two words to the current Bill which was Amendment 3 and basically adds the word 'then' before the word 'current'. This is in order for us to correctly figure the access rates that are going to be paid by providers. So, I move for the adoption of Amendment #4."
"Gentleman moves adoption of Floor Amendment #4. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment is adopted. Further Amendments?" 09600136.doc 36 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"No Further Amendments. No Motions filed."
"Third Reading. Page 8 of the Calendar is Senate Bill 3547, Representative Ford. Read the Bill."
"Senate Bill 3547’s been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Ford, has been approved for consideration."
"Representative Ford on Floor Amendment #2."
"Thank you, Mr. Speaker and Members of the House. House Amendment #2 guts and replaces the Bill. The Amendment leaves the changes made by House Amendment #1 and removes the language from the Section. It removes the reference to state that adopted programs and removes the condition that electronic textbooks be economically affordable to school districts. And I move for the adoption of House Amendment #2."
Speaker Mautino: "The Gentleman moves adoption of Floor Amendment #2. On that question, the Gentleman from Crawford, Representative Eddy."
"Thank you. Will the Sponsor yield?"
"He indicates that he will."
"Representative, I just want to thank you for your… yesterday taking the Bill out of the record. We had a chance to look at it and the Amendment does nothing to… in any way inhibit the school district's choice regarding those textbooks. But I want to thank you for that and I fully support the Amendment to the Bill."
"Thank you, Representative." 09600136.doc 37 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
Speaker Mautino: "The Gentleman moves adoption of Floor Amendment #2. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment is adopted. Mr. Clerk, any further Amendments?"
"No Further Amendments. No Motions filed."
"Third Reading. Representative Mathias, page 4 of the Calendar, Senate Bill 676. Mr. Clerk, read the Bill."
"Senate Bill 676, a Bill for an Act concerning regulation. Second Reading of this Senate Bill. No Committee Amendments. A Floor Amendment was filed today, and had been… has not yet been approved for consideration. No Motions filed."
"Out of the record. Page 9 of the Calendar on the Order of Concurrences is House Bill 16. Representative Nekritz. Leave the… Read the Bill. Representative Nekritz."
"Thank you, Mr. Speaker. House Bill 16, I move to concur in Senate Amendment… Senate Amendment 1 and 2 on House Bill 16. This legislation is… will abolish the Cook County Suburban Regional Office of Education as an elected office. The General Assembly abolished this office for… when it was served all of Cook County in the early 1990s because of issues with mismanagement and patronage. It was brought back as a strictly suburban office, but it has always been underfunded and I would think if you spoke with any of the suburban… Cook County suburban school districts they would feel that they're really not getting the services from this office that… that they should be. We've 09600136.doc 38 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 recently had some… some… an occupant in that office who has, again, has issues with… is actually under indictment and has mismanaged the office. And so, I think this is an opportunity to rethink how we're providing these services to suburban Cook County schools and to make sure that they are getting the services that they… that they need including teacher certifications, school bus driver training, and life safety inspections for… for buildings. All those are important services, but this is an opportunity to rethink that. We are going to be utilizing existing structure on the each… in north suburban, west suburban, and south suburban Cook County. There… each one of those areas has an Intermediate Service Center that's established by statute that was established when the office was abolished in early 1990s. And we will just be taking the remaining duties of the suburban ROE and giving those to the Intermediate Service Centers. I ask for your support."
"The Lady moves that the House concur with Senate Amendments #1 and 2. On that question, Representative Sacia."
"Thank you, Mr. Speaker. Will the Lady yield?"
"She indicates that she will."
"Representative Nekritz, you and I had a brief conversation earlier today. In… in my world I think we would agree it’s a little different. Mr. Speaker, could we have some order, please?" 09600136.doc 39 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"I ask the Members of the House to bring the noise level down so the debate can be heard on this issue. Thank you."
"Thank… thank you very much, Mr. Speaker. And Representative Nekritz, I… I know that our situations are very different involving regional offices of education. In the world I live in, in northwest Illinois, they are a very integral part and an important part of the public education system, and the only concern I have is if any way this could be construed as the proverbial slippery slope. starting with Cook County and then evolving out from there. I… I certainly understand and get it why you are moving for the concurrence in this and the abolishing the ROE in the Cook County or suburban Cook County area, but it is of concern in my area. Would you care to address that?"
"Thank you, Representative. If it is a slope I would say it's not very slippery because again this office… this office was abolished for the City of Chicago in the early 1990s. So… and we do have a unique situation in suburban Cook. It's by far and away the largest office and probably way too large for one ROE to serve and that's been part of the problem. In addition, we have these statutory Intermediate Service Centers that are already set up so they can assume the duties. So, I think that… that in this situation suburban Cook County is really unique and I would say it's not a slippery slope."
"Thank you, Representative. I intend to support your legislation. I think it's a good one. Thank you."
"Thank you." 09600136.doc 40 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"The Gentleman from Vermilion, Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"She indicates that she will."
"Representative, I'm a little confused as to exactly what… what the end result of this Bill is. Is it your intent to abolish the office of Cook County Regional Superintendent of Schools or whatever they call him up there?"
"Yes, it does get rid of that particular office."
"Can it… I thought we had gotten rid of this once before."
"We did, Representative, but I believe that there was some folks on your side of the aisle who felt that it might be better as a… as a suburban office and that was reinstated."
"And that worked out real well as I recall, didn’t it?"
"Just peachy, that's why we're here again."
"All right. Isn't there an ongoing investigation about a considerable amount of money that may be unaccounted for in this office?"
"I believe there is. The… the current occupant is under indictment."
"And as I recall, this office has had a long and… a long history of indictments and difficulties and problems."
"I would say it's got a very colorful history, yes."
"Well, the fact that it's in Cook County, I mean, that just shocks me ‘cause very seldom do we get indictments and 09600136.doc 41 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 things of that sort in Cook County. But I see… what does this office do in Cook County? I've never been able to figure that out since we aboli… allegedly abolished it years ago."
"Representative, they have seven duties that remain within the Regional Office of Education, the rest of the duties have… of the… of a typical ROE across the state have been assumed by the Intermediate Service Center. And I'm not prepared to take off those seven for you, but…”
“Yeah.”
“…but they do have seven remaining duties."
"But the… the office of regional… the Regional Office of Education in the other counties have, I think, more clearly defined and specified duties. Wouldn't that be a fair statement?"
"They have more duties for sure, yes."
"Right. So, you know, there's always… there's always a fear on behalf of downstaters that if we abolish this office in Cook County, well, then the ROEs in downstate Illinois may be at risk. I don't think that's necessarily accurate. Those downstate offices have been evaluated over the years. We have consolidated a number of them but future General Assemblies may looked up on the ROE differently. I can't predict the future, but I think your legislation is timely and necessary given recent headline stories about this office. The only qu… the only question I have, Representative, left is… now, you are known as the female Casey Jones of the high-speed rail industry, are you not?" 09600136.doc 42 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"I'm not sure this is a question that would be relevant to the legislation pending before us."
"What… does it have… so, there's nothing in here about high-speed rail or we're not railroading this man, are we?"
"No, we are not."
"Ahh. All right. Well, I… Mr. Speaker, if you could from now on when Representative Nekritz gets up rather than ring the bell do you have a whistle up there?"
"Take that under advisement."
"Thank you, I'd appreciate that. I thank the Representative for her work. And I know that some of my downstate colleges have a fear that if we do this then our ROEs are different… or are next. I think the ROE offices in the rest of the state have been examined, have been consolidated. I don’t see that there's a… a connection here, but we don't know what's going to happen in the next five or six years. But the Representative's Bill addresses a problem that we should have taken care of a long time ago. Many of us thought we did. I think it is time we take care of it today. And I hope you can vote 'aye' for the Bill."
Speaker Mautino: "Further discussion? Representative Pritchard."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates she will."
"Representative, we're very familiar in downstate Illinois with the process of electing a Regional Office of Education supervis… superintendent. How is this process going to work now with regional centers? Is that going to 09600136.doc 43 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 be elected leadership or some how determined by the coalition of schools in that area?"
"Representative, the Intermediate Service Centers already have an oversight board and it is a rather large board, but it's comprised of representatives from elementary, secondary, and higher education. And it includes the special education cooperatives and superintendents, school board managers, school board members, so it's a real broad cross section of… of members of the education community within that Intermediate Service Center's territory, and those boards already exist and they hire the staff."
"So, these organizations are a part of those boards, is that correct?"
"They’re a part of…"
"The… the regional…"
"They serve on those Intermediate Service Center boards right now."
"Okay. And how is this organization going to be funded? Do the schools in that area make some donations or on a per pupil basis?"
"Well, the funding that's currently flowing to the… to the Suburban Cook County Regional Office of Education will then be split up between the three Intermediate Service Centers. They will continue to get application fees for the teacher certifications and other sources of revenue that way. And we… and they're going to have to go out and find some other revenues as well because I don't think this is quite going to cover all their costs." 09600136.doc 44 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"And those other sources might be the school district, might be the county board?"
"Might… might be, yes."
"Very good. Thank you."
"Thank you."
"Further discussion? The Gentleman from Cook Representative Durkin."
"Thank you, Mr. Speaker. To the Bill. I've lived in Cook County for a year less than 50 years. I’m 49 years old. And it's in the last 15 years I've found out exactly what the Regional Office of Education does, basically nothing. They have been a nonresponsive, ineffective form of government. It should've been eliminated years ago. Now it's plagued with controversy and also criminal allegations based on the superintendent. I'm quite confident that the system that we will have that will replace it, which is the Intermediate Service Centers, will be responsive and they'll take on the responsibilities that should have been done by this office over the past 10, 15 years. This is strictly Cook County. Some people have said, well, why don't we just make this an appointed spot? The fact is, because I live in Cook County, I can't even trust somebody who'll get appointed there is going to do the right thing. So let's just eliminate the job and let's leave it up to the Intermediate Service Centers. I ask for an 'aye' vote."
"And the question is, 'Shall the House concur in Senate Amendments 1 and 2 to House Bill 16?' All in favor signify by voting ‘aye’; opposed voting ‘nay’. The 09600136.doc 45 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Poe. Mr. Clerk, take the record. 103 voting ‘yes’, 14 voting ‘no’, 0 voting ‘present’, The House does concur in Senate Amendments 1 and 2 to House Bill 16. And this Bill, having the Constitutional Majority, is hereby declared passed. House Bill 4209, Representative Nekritz."
"Thank you for the order of Nekritz today. I move to concur on Senate Amendment #1 on House Bill 4209. This is legislation to establish a task force to look at instructional mandates in… in… under current Illinois law. And these are things that I'm hearing from school districts are costing them a lot of money and at a time when we're not paying them and talking about cutting education, I think this is one area we can be looking to save them some money. And it has nothing to with…"
"The Lady moves that the House do concur in Senate Amendment #1 to House Bill 4209. No one seeking recognition, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 4209?' All in favor signify by voting ‘yes’; opposed by voting ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mitchell, do you wish to be recorded? Mr. Clerk, take the record. 117 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’, and the House does concur in Senate Amendment 1 to House Bill 4209. And this Bill, having received the Constitutional Majority, is hereby declared passed. House 09600136.doc 46 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 Bill 4649, Representative Reitz. Out of the record. House Bill 4698, Representative Lyons. Representative Lyons."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to concur to Senate Amendment #2 to House Bill 4698. This is my personal initiative on the marketing of merchandise as follow ups, the things that we order. Actually, we had an agreement with a direct marking association. They put their language in the Bill. And there's no known opposition. I'd ask for your support."
"The Gentleman has moved that the House do concur in Senate Amendment #2 in House Bill 4698. On that question, Representative Black."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates that he will."
"Representative, let me make sure, I think… I think I understand this and I… I'm pretty sure if I do, correctly, I'm in favor of the Bill. What you're after are these companies that give you these glossy ads and say if you'll send this in we will send you six bottles of the finest wine grown in the state of Nevada, or wherever, but what you may not be aware of is that every six to eight weeks you're going to get another shipment of six bottles of wine at a full market price, maybe even more than that, plus shipping, and then you get another shipment and another shipment and sometimes trying to get out of that is… is not easy. I know I've had my fun over the years with record clubs and book clubs. So, are you saying that unless you expressly give permission or indicate that this is what you want, that it makes it easier for you to get out of these 09600136.doc 47 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 merchandising clubs that keep sending you shipments every six or eight weeks?"
"I couldn't have said it better myself, Mr. Black. This was actually language… I sent the Bill over there. We talked about this on the floor."
"Right."
"When I originally sent it over there and the mark… the direct marketing association worked with me and Senator Maloney to find language that would make it specific that they have to make it clear that you do or do not want any type of follow-up shipping on this stuff."
"Great."
"So, it's just to prevent the unwanted follow-up things from coming back. If you sign up for a club that says this is what we're going to do, every two months you get a couple bottles of wine. That's fine as long as you're clearly notified that you were agreeing to that. Not to be…"
"Right."
"…you know, receive things that you had no intention of following up with."
"Well, I… I think this is long past due and I congratulate you. I signed up for a Governor of the Month Club some time ago, and before I could get out of it, they gave me Governor Blagojevich. So, I… I think this is a good idea because now it would let me get out of that contract."
"The Gentleman has moved that the House concur in Senate Amendment 2 to House Bill 4698. This is a final action. All those in favor signify by voting ‘aye’; those 09600136.doc 48 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 opposed vote ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Lang, do you wish to be recorded? Mr. Clerk, take the record. 117 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’, the House does concur with Senate Amendment #2 to House Bill 4698. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4715. Representative Pritchard."
"Yes Thank you, Mr. Speaker. I would move concurrence with this addition from the Senate, which simply expands the Bill that we passed here on 108 votes, to include any person engaged in the business of lawful repossession of property who possesses a valid repossessor authorization card. I would ask for your support."
"The Gentleman moves that the House concur in Senate Amendment #2 to House Bill 4715. The question is… This is final action. All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Beiser, Representative Golar, do you wish to be recorded? 106 voting 'yes', 0 voting 'no', 0 voting 'present', the House does concur with Senate Amendment 2 to House Bill 4715. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4837, Representative Reis. Representative Reis on a Motion to Concur in Senate Amendment #1."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Amendment 1, I ask your… for your concurrence on this. It further narrows the threshold for 09600136.doc 49 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 villages that will not have to do an annual audit based on bonded indebtedness. This was a recommendation by the Comptroller's Office. So, I ask for your support."
"The question is, 'Shall the House concur in Senate Amendment 1 to House Bill 4837?' This is final action. All those in favor signify by voting 'yes'; opposed '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. 96 voting 'yes', 20 voting 'no', 0 voting 'present', and the House does concur in Senate Amendment #1 to House Bill 4837. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4895, Representative Poe on a Motion to Concur in Senate Amendment #1."
"Yeah. Mr. Speaker and Ladies and Gentlemen of the House, this is on the piercing Bill. And what the original Bill was to make it a felony for them to go in a parlor and get it without parent notification. And this is also keeps the parents on… on where that they would have to make sure that if someone come in and was impersonating a parent or a guardian, then they would be liable also. So, would ask for a 'yes' vote."
"Gentleman moves the House concur in Senate Amendment #1 to House Bill 4895. All those in favor signify by voting 'aye'; opposed vote 'no'. This is final passage. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Lang, Representative Yarbrough, do you wish to be recorded? Representative Lang, do you wish to be 09600136.doc 50 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 recorded? Mr. Clerk, take the record. 116 voting 'yes', 0 voting 'no', 0 voting 'present', the House does concur with Senate Amendment #1 to House Bill 4895. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Rita, House Bill 5514. Representative Rita on a Motion to Concur with Senate Amendment #1."
"Thank you, Mr. Speaker. I'd like to move to concur with Senate Amendment #1. What it basically does is it adds two different more offenses to the list that you could be disciplined for in the Roofing Licensure Act."
"The Gentleman has moved that the House concur with Senate Amendment #1 to House Bill 5514. This is final action. All those in favor signify by voting 'aye'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Lang, Representative Yarbrough, do you wish to be recorded? Representative Burns. Mr. Clerk, take the record. 114 voting 'yes', 2 voting 'no', 0 voting 'present', and the House does concur with Senate Amendment #1 to House Bill 5514. This Bill, having received the Constitutional Majority, is declared passed. Representative Chapa LaVia, House Bill 5169 on a Motion to Concur."
"Thank you, Speaker. I concur with Senate… Senate Amendment #1, on Hou… on House Bill 5169."
"Representative moves that the House concur on Senate Amendment #1 to House Bill 5169. No one seeking recognition. This is final passage. All those in favor 09600136.doc 51 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 signify by voting 'aye'; opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Black, Representative Osmond, Representative Winters, do you wish to be recorded? Mr. Clerk, take the record. 63 voting 'yes', 53 voting 'no', 0 voting 'present'. The House does concur with Senate Amendment #1 to House Bill 5169. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Chapa LaVia."
"Point of personal privilege, Speaker."
"State your point."
"I just want everybody to know that tonight we're celebrating at Jack's house, an event for Representative Susana Mendoza, for her birthday. It's tonight at Tuesday, May the 4th, 8 p.m., at 329 South Walnut here in Springfield, a couple of corners away from here. But it's all about Suzie tonight. So, if you could join us, we'd really appreciate it. Thank you."
"Representative Schmitz."
"Thank you, Speaker. Could the record show… release Representative Watson for the rest of the day?"
Speaker Mautino: "The record will reflect. Representative Sullivan, House Bill 5923. You have a Motion to Concur in Senate Amendment #1? Representative Sullivan."
"Thank you, Mr. Speaker. Ladies and Gentlemen, we passed out Senate Bill 5923 unanimously over to the Senate. They sent it back here unanimously with one change. When a community wants to incorporate, like this one that we have here, Forest Lake, they need to present a game plan to the 09600136.doc 52 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 county on how they’re going to pay for the police services that they will be required to… to fund. That is the only change that it makes. And I… I look to concur on House Bill 5923."
Speaker Mautino: "The Gentleman moves the House concur in Senate Amendment #1 to House Bill 5923. On that question, Representative Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, I can see the underlying Bill, which we passed, allows certain unincorporated territory in Lake County to form a village, correct?"
"Yes, it does."
"Now, and I think that passed unanimously here in the House."
"It did."
"Now, what does the Senate Amendment do to that underlying Bill? Because I see that they're talking about specific bodies of water, et cetera."
"There's… there's two things. One was a technical change in the size of the lake to make this conform to the community. They miscalculated the size of the lake, so I think they changed it from like 42 to 47. I… I can't remember what it was. But that was the technical change to this. The substantive change to the Bill was the county had some concerns about who was going to take over the police services. And so they wanted some extra clarification that the people of this town, or this future town, municipality, whichever, would write into what 09600136.doc 53 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 they're doing and know that they have to provide for this and it won't be left to the county to… to take the share. So, that's… that's a substantive change that took place."
"Okay. That makes sense, and I was trying to figure that out."
"Yes."
"So, thank you for answering those questions."
"Thank you."
"The Gent… the Gentleman has moved the House concur in Senate Amendment #1 to House Bill 5923. This is final action. All those in favor signify by voting 'aye'; all 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. 115 voting 'yes', 0 voting 'no', 0 voting 'present', and the House does concur with Senate Amendment #1 to House Bill 5923. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 6001, Representative Jakobsson. There's a Motion to Concur in Senate Amendment #1. Representative Jakobsson."
"Thank you, Mr. Speaker. I move to concur with Senate Amendment #1 to House Bill 6001. This simply removes the references of enrolling Geologist Interns from the Bill, a couple of other rule changes in the Bill. And I would ask for an 'aye' vote."
"The Lady's moved that the House concur in Senate Amendment #1. No one seeking recognition, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 6001?' All in favor vote 'yes'; opposed vote 09600136.doc 54 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Fortner. Mr. Clerk, take the record. 115 voting 'yes', 0 voting 'no', 0 voting 'present', the House does concur with Senate Amendment #1 to House Bill 6001. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 6239, Representative Rita on a Motion to Concur with Senate Amendment #1."
"Thank you, Mr. Speaker. I move to concur with Senate Amendment #1. What it basically does is adds in the collar counties. What we originally had was Cook County and DuPage, but it takes in Cook County and all the surrounding counties around it for administrative adjudication."
"The Gentleman moves that the House concur with Senate Amendment #1. And on that question, Representative Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates that he will."
"Did the collar counties ask for this, Representative?"
"To my understanding, yes."
"And what would adding the collar counties do? Remind us on the underlying Bill ‘cause then when we first…"
"What…"
"…passed it was just for the county of Cook, correct?"
"It was the cou… for the county of Cook and the county of DuPage. It gives them the option for their board if they chose to adopt administrative hearings for their counties. Sort of kind of like municipalities do, Home Rule municipalities do. They could send that same option. It 09600136.doc 55 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 gives them option if they want to do it. The county board would have to vote on it to go forward with it."
"So, it's not a mandate. It's permissive, and it just gives…"
"No."
"…the local counties more choice on how they wish to do the ordinance violations?"
"Yes."
"Okay. Thank you."
"The question is, 'Shall the House concur in Senate Amendment #1 to House Bill 6239?' This is final action. All those in favor signify by voting 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Acevedo, Representative Crespo, McCarthy, do you wish to be recorded? Mr. Clerk, take the record. 114 voting 'yes', 0 voting 'no', 1 voting 'present', the House does concur with Senate Amendment #1 to House Bill 6239. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Dunkin, House Bill 6439. Do you have a Motion to Concur with Senate Amendment #1?"
"Yes. I would to ask the Members to concur."
"The Gentleman has moved the House concur in Senate Amendment #1 to House Bill 6439. And on that question, the Gentleman from Jasper, Representative Reis."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates that he will."
"What would you like us to concur in?" 09600136.doc 56 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"It's… there's a sunset date on it, December 31, 2011. It's in Amendment #2. Excuse me, Amendment #1. The last date, it just sort of went on forever and so all we're doing is coming with a… it repeals that Section. We're just coming up with a… a date. We don't need the subcommittee to go on forever. We actually give the sunset… we give the report on this day and then we sunset the committee the next day. This is regarding bed bugs."
"Thank you for reminding us. It's the bed bug Bill, huh?"
"Thank you for your concurrence, Representative."
"So, that it… anybody basically that was opposed to your Bill when it came out, probably would still be opposed, even though you’re just changing the sunset date?"
"It actually is not… it's not changing. It just sunsets this Section of the pest control."
"Okay. Thank you, Representative."
"Thank you."
Speaker Mautino: "Further discussion? The Gentleman from McHenry, Representative Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates that he will."
"Representative, I noticed I voted 'no' last time, and I was wondering how this Amendment might make this Bill better. Convince me."
"Well, it sunsets. It gets rid of a statute. So, that's good."
"Can… can you remind us how many species of bed bugs are there?" 09600136.doc 57 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"You know what, actually that's the purpose of this legislation.”
“But…” Dunkin: For us to study how many species there are, Representative."
"But if we already know that… like, let's assume for the sake of argument that there are 241 species of… of bed bugs. Why… why would we need this task force?"
"The purpose of this particular task force is to assess, to study, to evaluate bed bugs, which is a relative… well, which is a… an rehas… resurf… resurfaced here in the State of Illinois, and they're everywhere. They're in condos, they're in hotels, they're in furniture. It's… it's sad."
"Is this a census Bill? I mean, are we counting them. Are they… are they going to be voters? I mean, what's…"
"You never know in this state."
"…what's the purpose?"
"The purpose of this Bill here is to allow a subcommittee to assess, to study, the… the resurgence of bed bugs here in the State of Illinois. And I would ask for your favorable support, Representative."
"Are we going to figure out how they’re…"
"You and Representative Chapa LaVia."
"…how they're communicated, how they jump from bed to bed?”
“We’re going to…”
“Do we know this already?" 09600136.doc 58 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"You know, we’re going to assess all of that with this committee, you know, with this pest control committee. That's why the Illinois Association of Realtors, the Chemical Industrial Council of Illinois, the Chicago Apartment Association, the Department of Public Health, all supports this Amendment. So, I would ask for your favorable vote as well, you and Chapa LaVia."
"Well, do bed bugs come out at night, or are they during the day?"
"That's a very good question."
"Because I'm wondering if you're trying to sunset this, would that be the improper thing to do, because if they come out after dark?"
"That's why we’re trying to study this, Sir."
"To the Mo… to the Motion…"
"I'm just totally confused on why you want to sunset a deal dealing with bed bugs."
"Well, at some point we have to give the report. And so, we want to make sure that people in the state are well educated on the aspects of bed bugs here in our great state."
"All right. Well, I… I appreciate your forthright answers. And I voted 'no' before and I think I'm going to stick there, but… but thanks for the opportunity."
"Thank you, Sir."
"The Gentleman moves that the House do concur in Senate Amendment #1 to House Bill 6439. This is final passage. All those in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all 09600136.doc 59 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 voted who wish? Have all voted who wish? Representative Sullivan, Representative Bost. Mr. Clerk, take the record. 84 voting 'yes', 31 voting 'no', 0 voting 'present', and the House does concur in Senate Amendment #1 to House Bill 6439. This Bill, having received the Constitutional Majority, it hereby declared passed. Representative Lang, House Bill 5781. There's a Motion to Concur. Representative Lang."
"Thank you, Mr. Speaker, Ladies and Gentlemen. House Bill 5781 was and is an initiative of the Department of Revenue, to do our debt collection better for the State of Illinois. As you know, we've got something like 10 or 12 billion dollars owed to us by our own taxpayers. The Senate made a couple of technical corrections. The most important one being a limit on the attorney's fees they can charge to a debtor when they collect these dollars from them. I would recommend your 'aye' votes."
"The Gentleman moves that the House concur in Senate Amendment #1 to House Bill 5781. This is final passage. All in favor vote 'yes'; opposed vote… Excuse me. Representative Black."
"I apologize for the late light, I was scrolling down the computer. Would the Sponsor yield for a brief question?"
"Yes, he will."
"Representative, one of the… one of the things that immediately comes to mind… if we're paying a collection agency 25 percent of the liability to the state, why then 09600136.doc 60 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 did the Department of Revenue lay off so many auditors? I thought it was their job to go after these debts."
"Well, that's really separate and apart from this Bill, Sir. But I believe every state agency's been laying off people because we have such severe financial crisis."
"Oh, I understand that."
"You may… you may have read about that somewhere."
"I… I have."
"This Bill caps the fee that can be added on to the amount we charge a debtor. So, if someone owes the state a thousand dollars, we go pay a collection agency, two… two hundred and fifty dollars to collect that thousand. We can charge that two hundred and fifty back to the debtor when we collect it. So, that we come out whole."
"Okay. So, we're not losing money then, in the strictest sense of the word."
"That's correct."
"Okay. Fine."
"The whole purpose of the original Bill was to col… get those collection fees back from as many debtors as possible."
"Okay. Fine. That makes sense. Thank you."
"Thank you."
Speaker Mautino: "Further discussion? The Gentleman from McHenry, Representative Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates that he will."
"Representative, I want to ask you about the Statute of Limitations. Right now, the Bill provides that the 09600136.doc 61 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 Department of Revenue will have six years instead of two years to pursue these debts. That's the… what you're trying to change the law to now, extend the statute from two to six years."
"The Senate Amendment takes it back to two years, Sir."
"That's what I was concerned about because I thought we were in violation of the Federal Fair Debt Collection Practices Act."
"Well, we wouldn't want to do that."
"Well, that was my biggest concern. So, thank you for answering that question."
"Thank you."
"The Gentleman has moved the House concur in Amendment #1 to… Senate Amendment #1 to House Bill 5781. This is final action. All those in favor signify by voting 'yes'; 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 Winters, Representative Brady, do you wish to be recorded? Mr. Clerk, take the record. 108 voting 'yes', 6 voting 'no', 1 voting 'present'. The House does concur with Senate Amendment #1 to House Bill 5781. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Black, House Joint Resolution 57. There's a Motion to Concur in Senate Amendment 1."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. This was a Resolution I filed over a year ago, the Senate Amendment simply makes the report on farmers’ markets applicable to the delay. The reason that 09600136.doc 62 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 I filed this… farmers’ markets in my area had been around for years and years and all of a sudden the Illinois Department of Public Health said, you can't sell homemade muffins, homemade bread, or whatever, without some kind of warning label and that just didn't make any sense to a lot of people in my district. So, all this does is ask the… the Department of Agriculture to… or the… excuse me… the Department of Public Health to review those rules and… and see why they suddenly came out and said that a practice that had been going on for years would suddenly not be allowed. Now, that's all the Resolution does. I'd be glad to answer any questions."
Speaker Mautino: "The Gentleman moves the House concur in Senate Amendment #1 to House Joint Resolution 57. This is final action. All those in favor signify by voting 'aye'; 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. 114 voting 'yes', 1 voting 'no', 0 voting 'present'. The House does concur with Senate Amendment #1 to House Joint Resolution 57. And this Bill, having received the Constitutional Majority, is hereby declared passed. Under the Order of Resolutions, on page 14 of the Calendar, appears House Resolution 1103. Majority Leader Currie."
"Thank you, Speaker. This is a measure that names a date, Pay Equity Day. It’s… this is an initiative of the National Committee on Pay Equity. Starting some 14 years ago, we established that we would identify a day that reminds us that women in the workforce are still paid less 09600136.doc 63 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 than men, about 78 cents on the dollar, and it takes this long before we start earning enough to make up the difference. I'd appreciate your support for naming this day in April as Pay Equity Day in Illinois."
"The Lady's moved adoption of House Resolution 1103. No one seeking recognition, all in favor say 'yes'; opposed 'no'. The 'yeses' have it. And the Resolution is adopted. Representative Riley, House Resolution 1120. Mr. Clerk." Clerk Mahoney: "House Resolution 1120. Resolves that the Department of Human Services shall submit a report to the Governor of the General Assembly by January 31 of each year following the closure of a state-operated developmental disability or mental health facility, the details of the number of individuals that have been transferred or transitioned out of these facilities due to facility closures, the setting to which these individuals were transferred or transferred to and how these individuals' health care…"
"The Gentleman has moved adoption of House Resolution 1120. Representative Riley."
"Thank you, Mr. Speaker, Members of the House. House Resolution 1120 does just that. This is a very vulnerable population. And I really think that some sort of study, this is not a longitudinal study, it’s just checking to see where these people have transitioned after a closure, and this is something that the departments probably would do anyway. And so, this just sets it in stone. We've worked on this a long time. And I ask for your support." 09600136.doc 64 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
Speaker Mautino: "The Gentleman has moved the House adopt Resolution 1120. And on that question, Representative Bellock."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"He indicates that he will."
"Thank you very much, Representative Riley. I think you amended this Resolution, didn't you? From…"
"I did. Act… Yes. Actually, it was another Resolution, it was 899."
"Right."
"There were some points of disagreement. And what we did was get together and talk to DHS. And I just, you know, created a new Resolution incorporating a lot of the changes. And that took some of the… the lack of support off the Bill."
"Thank you very much. I appreciate that because I felt the other one was somewhat on the negative of the changes of which we know that there will be some negative results, but we're hoping that there will be a lot of positive results also. And I've asked for COGFA to give us an update on what's going on with the closure of Howe. So, I'll be glad to share that with anybody that would be interested in that when we get it back. Thank you."
"And thank you for your support. And again, you know, I think this is a much better Resolution than the first one."
"The Gentleman has moved that the House adopt House Resolution 1120. All in favor vote 'yes'; opposed vote 'no'. Voting is open. Have all voted who wish? Have 09600136.doc 65 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 all voted who wish? Have all voted who wish? Representative Berrios, Flowers, Senger, Bellock, do you wish to be recorded? Mr. Clerk, take the record. 115 voting 'yes', 0 voting 'no', 0 voting 'present', and House Resolution 1120 is declared adopted. Representative Yarbrough, Senate Joint Resolution 81. Mr. Clerk."
"Senate Joint Resolution 81 urges the United States House of Representatives Financial Services Committee and the United States Senate Committee on Banking, Housing and Urban Affairs to hold hearings to investigate the FDIC seizure of Park National Bank/FBOP and sale to U.S. Bank."
"Representative Yarbrough."
"Thank you, Mr. Speaker. I move for the adoption of this Resolution that just continues to urge the U.S. House of Representatives Financial Services Committee and the Senate Committee on Banking to continue the hearings with the FDIC seizure of Park National Bank. Be happy to answer any questions."
Speaker Mautino: "The Lady moves adoption of Senate Joint Resolution 81. No one seeking recognition, all in favor say 'yes'; opposed 'no'. The 'yeses' have it. And the Resolution is adopted. Majority Leader Currie, House Resolution 1143. Mr. Clerk, read the Resolution."
"House Resolution 1143 urges the United States Senate to ratify the Convention on the Rights of the Child."
"Majority Leader Currie." 09600136.doc 66 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"Thank you, Speaker, Members of the House. The United Nations adopted the Convention on the Rights of the Child in 1989, and in fact, among the… the nations that worked hard on that… that convention was the United States. Since that time, all the member nations of the United Nations have signed… have signed on to the convention. The only two nations that have not are Somalia and the United States of America. This Resolution calls upon the Congress of the… the members of the Congress to adopt the Convention on the Rights of the Child. I'd be happy to answer your questions. I think this is good for the state that saw the creation of the first Juvenile Court Act in the country, a state that prides itself on doing a good job to protect our children and to give them opportunities to… to grow, to thrive, to survive."
Speaker Mautino: "The Lady has moved adoption of House Resolution 1143. No one seeking recognition, all in favor say 'yes'; opposed 'no'. The 'yeses' have it. And the House Resolution 1143 is adopted. Under the Order of Concurrences, House Bill 4649, there's a Motion to Concur from Representative Reitz."
"Thank you, Mr. Speaker. House Bill 4649, the underlying Bill, amended the Public Utilities Act to exempt electric utilities that applied for new electricity, electricity transmission connections. The Senate Amendment #1, that I would ask for the Body's… to concur with, replaced a couple of the items, added the length of time to grant or deny a… the application from 120 to 150 days. It also added that in two contiguous counties where less than 09600136.doc 67 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 one-fifth of the transmission line mileage is in one county that they would allow them to have prefiling meetings combined with another county. It also allowed the public utilities to seek confidential protection with any information provided subject to commission approval. And I'd be happy to answer any questions."
"The Gentleman has moved adoption… excuse me… has moved that the House do concur with Senate Amendment #1 to House Bill 4649. No one seeking recognition. This is final action. All those in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Dugan, do you wish to be recorded? Mr. Clerk, take the record. 115 voting 'yes', 0 voting 'no', 0 voting 'present' and the House does concur with Senate Amendment #1 to House Bill 4649. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4866 appears on the Calendar. There's a Motion to Concur with Senate Amendments #1 and 2. Representative Reitz."
"Thank you, Mr. Speaker. House Bill 4866 is the fee increase for the Department of Agriculture that we passed earlier this year, would generate around 1.9 million for the department, have spoken with the Governor's Office once again. In committee, they asked about sweeping this money and they've agreed not to sweep this and use this money for Ag purposes. I'd ask the Body to concur with Senate Amendment #1 and 2. Senate Amendment #1 is something we talked about earlier. The Chemical Industry Council had 09600136.doc 68 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 requested that we do electronic registration and try to split those into two years. So, that is Senate Amendment #1. Senate Amendment #2 was offered… or discussed in this… in this Body and our Ag Committee by Representative Sacia that auth… has authorized inspectors, agents can seize or hold any case of eggs for any person who's required to have a license and does not. And I would note in the Ag Committee that… that Representative Osterman was there and he supported Amendment #1, but he was a proud supporter of the second Amendment."
"The Gentleman moves that the House concur with Senate Amendments 1 and 2 to House Bill 4866. And on that question, Representative Eddy."
"Thank you. Would the Sponsor yield?"
"Indicates that he will."
"Representative, you indicated that the Senate… or the Governor's Office has once again reiterated they will not, they have no plans to sweep any of these additional fee funds?"
"I asked them again. Correct, that's correct."
"Was there any consideration given to language that would have actually codified that intent since it was over in the Senate and we were amending it?"
"Knew better than to ask that. So, I will check with the Senator, but I would say no."
"So, I guess, we just have to be… Have these funds been swept before?"
"Yes."
"How recently?" 09600136.doc 69 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"Last year, I guess. That'd be my guess."
"So, the Governor who says he's not going to sweep these funds, swept these funds?"
"We did not ask them last year. And there are no fund sweeps that are recommended right now."
"Okay. So, with some certainty, based on a budget that we don't have in front of us right now, you're confident and you're a man of… I know you're going into this feeling that you're doing the right thing and these fees are going to be used for their intended purpose. You're confident that when we see a budget that this is going to be left alone?"
"Yes."
"Thank you."
"Further discussion? Representative Sacia."
"Thank you, Mr. Speaker. To the previous Gentleman that brought up the question of it… of sweeps. The Bill passed out of here over to the Senate and it dealt with that issue. The issue before us now, in particular, has to do with Amendment 2 which deals with the confiscation of eggs which is a huge issue in my district. I have an egg grower… an egg farmer if you will… Pearl Valley Egg in Kent, Illinois that has a million five hundred thousand chickens and the concerns that these folks have is there are unlicensed dealers of eggs and what has been happening is they are selling their eggs to large supermarkets and there is no teeth in the legislation other than a minor fine. What this concurrence is actually doing is putting teeth in it where Agriculture Department inspectors can 09600136.doc 70 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 actually confiscate these eggs and it makes it a much more sensible and realistic effort, if you will. So, I think it's a… it was a good Amendment to add on. I appreciate the Senate adding it and sending it over on concurrence. And I would appreciate your 'aye' vote. Thank you."
"The Gentleman has moved that the House do concur with Senate Amendments 1 and 2. And on that question, the Gentleman from Vermilion, Representative Black."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I rise in opposition of the Bill for one simple reason. I understand what the Department of Agriculture is going to need to do and I appreciate the Sponsor moving in that direction. We're going to have to make it, basically, a department that runs off of fees generated by the users. However, some of these fees, after last spring's wet weather and last fall's miserable harvest, even though it turned out to be a better year for agriculture than we thought it possibly could be, some of these fees are difficult because the farmer is the only person in the food chain who cannot pass on his or her costs. If you have to pay $235 an acre to prepare your field and put the seed in the ground, you can't go to the Board of Trade and say, look, I have to have $4.10 a bushel corn or I can't make any money. The Board of Trade would simply laugh at any farmer or group of farmers who would say that. You hope you make money. I could vote for this in a heartbeat if we could be assured that the fees paid by the user to support the department that helps them would 09600136.doc 71 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 get to keep the money, but when you put in dedicated fees to help the agriculture industry and you can't guarantee that those fees will be available to the Department of Agriculture, that just doesn't make any sense to me. We've set back quietly for… well, not quietly, that's not accurate… many of us have raised Cain about the fund sweeps for a number of years and I thought after the seven years we could get to the point… place where we could put antisweep language in. For whatever the reason, we're not allowed to do that. I think it sets a bad precedent. I… I would gladly support the Bill and I'm sure the Bill will pass, but it just gets awfully difficult to tell a specific group that you're going to pay higher fees but in those higher fees we're going to help take care of weights and measures, we're going to take care of the grain ele… or the grain fund, the… when in fact, those fees may be swept and be used for another purpose altogether. So, it's for that reason, I intend to vote 'no'."
"The Gentleman has moved that the House concur in Senate Amendments #1 and 2. And Representative Reitz to close."
"Thank you. I appreciate the Gentleman's concerns, but I would say this we have worked with all the agricultural entities. There is no opposition that I know of to this Bill. Everyone that had any concerns is at the best… worse neutral. Senate Amendment #1, when we changed that for the registration fees and went to do that electronically and split that into half… half and half being set at one year. The Department of Agriculture testified that that would 09600136.doc 72 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 help move the money out for their… for their projects and for their purposes in a more expedient manner. So, I think the chance of this money being used for anything but Ag purposes is very slim. And I'd appreciate an 'aye' vote."
"And the question is, 'Shall the House concur in Senate Amendments #1 and 2 to House Bill 4866?' This is final action. All those in favor signify by voting 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Representative Ford, Joyce, Tracy, do you wish to be recorded? Take the record. 65 voting 'yes', 50 voting 'no', 0 voting 'present', the House does concur with Senate Amendments 1 and 2 to House Bill 4866. And this Bill, having received the Constitutional Majority, is hereby declared passed. Page 6 of the Calendar, under Senate Bills-Second Reading, appears Senate Bill 1937. Representative Lang. Mr. Clerk, read the Bill."
"Senate Bill 1937 has been read a second time, previously. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Senate Bill 1937. Read this Bill a third time. Representative Lang."
"Senate Bill 1937, a Bill for an Act concerning gaming. Third Reading."
"Representative Lang."
"Thank you, Mr. Speaker, Ladies and Gentlemen. Senate Bill 1937 is a cleanup Bill for the Illinois Gaming Board. I want all of you to know and listen when I tell you that there's no gaming expansion in this. This is about a 09600136.doc 73 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 prohibition on engaging a political activity. This completes the Executive Order which separates the Gaming Board from the Department of Revenue. It does a series of things, all technical. There is no new gaming. I ask your support."
"The Gentleman has moved passage of Senate Bill 1937. And on that question, Representative Durkin, the Gentleman from Cook."
"Representative, I want to raise the same issues that I did with you back in the Veto Session regarding… and I believe this will allow for the formation of LLCs to… Is this the same… I may be mistaken. I'm not sure if we're talk…"
"You're confusing this with the video gaming…"
"Thank you. I'm sorry."
"…trailer Bill, Sir."
"All right."
"Thank you."
"No one seeking recognition. The question is, 'Shall this Bill pass?' All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Brady, Chapa LaVia, Franks, Mitchell, do you wish to be recorded? Representative Osmond. Mr. Clerk, take the record. 102 voting 'yes', 13 voting 'no', 0 voting 'present', Senate Bill 1937, having received the Constitutional Majority, is declared passed. Representative Mathias, Senate Bills-Third Reading. Under 09600136.doc 74 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 Senate Bills-Third Reading is Senate Bill 3803. Would you like to read this Bill? Mr. Clerk, read the Bill."
"Senate Bill 3803, a Bill for an Act concerning transportation. Third Reading."
"Representative Mathias."
"Thank you, Mr. Speaker. Senate Bill 3803 amends the current Roadside Memorial Act to provide that IDOT, upon receiving the necessary fees from an applicant, can put a memorial up on behalf of someone who was killed in an automobile accident. As I stated previously, there is a sunset on this on 12-31… December 31 of 2011. And it also requires a report to the General Assembly as to the… you know, what actually happened in the interim. So, this is a very important Bill to lots of people in… throughout this state who had loved ones killed in automobile accidents. And so, I ask for your 'aye' vote."
"The Gentleman moves passage of Senate Bill 3803. No one seeking recognition, the question is, 'Shall this Bill pass?' All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representatives Farnham, Pihos, do you wish to be recorded? Mr. Clerk, take the record. 114 voting 'yes', 1 voting 'no', 0 voting 'present, Senate Bill 3803 is declared passed. Mr. Clerk, what's the status of House Bill 5480?"
"House Bill 5480 is on the Order of House Bills- Third Reading."
"Please pace… place that Bill on the Order of Second Reading. Are there any Amendments?" 09600136.doc 75 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"Floor Amendment #1 offered by Representative Osterman."
"Representative Osterman on Floor Amendment #1."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #1 deals with background checks on handguns only. This provision, and which we'll fully debate on Third Reading, requires that the Department of State Police shall develop an Internet based system for individuals to request the department to conduct instant criminal background checks on handgun sales only. The department shall have the system complete by July 1, 2012. The Department of State Police is in the process of revamping their FOID card system and we would hope that part of that revision would include a provision where individuals could, through the Internet, run background checks before handgun sales. We'd like this Amendment adopted and then be happy to answer any questions. And ask for an 'aye' vote."
"The Gentleman has moved adoption of Floor Amendment #1. And on that question, the Gentleman from Vermilion, Representative Black."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. Rather than debate this Bill on Third, let me just speak very briefly in opposition to the Amendment. I… I think it's somewhat… and… and I have great respect for the Sponsor. I really do, known him a long time, a stand-up individual. But I think in this particular budget year, no matter how you feel about the 09600136.doc 76 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 Amendment or the underlying issue, to ask the Department of State Police to come up with a new database and a new Internet system, is just not within the realm of possibility at this time. The Governor's talking about laying off 465 State Troopers. There will be State Police districts in this… in the state, maybe some that you are in, who aren't going to have enough Troopers on duty at any given shift to make much of a difference in the law enforcement that we need. There was an idea that was floated that the State Troopers who currently patrol the Chicago expressways in a deal made years ago between Mayor Daley and Governor Jim Thompson that that would be abrogated and the State Troopers would go to the other State Police districts. But I… now I've heard that that is not the case. So, while the Gentleman, I'm sure, has a sound reason for the Amendment and I'm sure he has strong support for the Amendment, I just think it's disingenuous for us to think that the State Police have the resources or the people power to do what he wants done given the fact that unless something happens in the next 72 hours, which I doubt, we could… we could be faced with laying off almost 40 percent of the sworn State Police Troopers in the State of Illinois. We won't be able to do what they're supposed to do let alone have them do what we'd like them to do. And that's why I will not ask for a Roll Call, but my voice vote will certainly be a 'no' on the Amendment."
"Representative Osterman."
"…may answer Representative Black, who I also have a great deal of respect. He brings up the issue of our 09600136.doc 77 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 financial situation and that is a very valid point. But there is another piece of legislation which is on Third Reading now which will be coming to this floor tomorrow that is going to enable the Department of State Police to access federal grants for their FOID card system. It's expectation from State Police that they'll be able to access 1.5… 1.7 million dollars this next year from the Federal Government specifically to work on this. So, while I agree with everything that Representative Black said about the fiscal cost, I think it's in everyone's best interest regardless of where you are on this if you're a sportsman or if you're someone that is very concerned that makes sure background checks work or one of both, the FOID card system stops over a thousand people a year from accessing a firearm through the background checks. All of us should make sure that that works. I expect that the State Police is going to be able to access funding for this through the Federal Government. And this is a House Bill and if it's able to pass, I think we're going to have time to work on it in the Senate, but the financial issue, I think, we were going to take care of with another piece of legislation."
Speaker Mautino: "The Gentleman moves adoption of Floor Amendment #1. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. And the Amendment is adopted. Mr. Clerk, further Amendments?"
"No further Amendments. However, notes have been requested on this Bill and not yet filed." 09600136.doc 78 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
Speaker Mautino: "Leave that Bill on Second Reading. Representative Stephens, I apologize on not seeing your light."
"No, no, no. Mr. Speaker, I'd like the record to reflect that my intentions to vote 'yes' on House Bill 6065."
"And the record will reflect. Thank you, Sir. Mr. Clerk, what's the status of House Bill 5849?"
Clerk Mahoney: "House Bill 5849 is on the Order of Third Reading."
"Place that Bill on Second Reading for the purpose of an Amendment. Representative Osterman on Amend…"
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Amendment #1 to House Bill 5849 does two things. First, it makes it illegal to sell the… a firearm or transfer it to someone who you know to be a gang member under the Omnibus Streetgang Act from the Illinois statute. Additionally, it adds the word 'similar' to the definition of a… what a portable container is for safe passage of… transportation of firearms. This is an initiative from the Cook County State's Attorneys Office to respond to a court decision dealing with the definition what a case and the ability for someone to transport a firearm legally in our state. And I would ask for the Amendment's adoption."
Speaker Mautino: "The Gentleman moves adoption of Floor Amendment #1. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment is adopted. Mr. Clerk, further Amendments?" 09600136.doc 79 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"No further Amendments. All notes have been filed."
"Third Reading. On page 5 of the Calendar is Senate Bill 459. Mr. Clerk, what's the status of that Bill?"
"Senate Bill 459 has been read a second time, previously."
"Third Reading. Representative Lyons, maybe you have a… an announcement."
“All right, Ladies and Gentlemen, you've all been given flyers. You've all been notified this numerous times, maybe for the staff in the Stratton Office Building to make notes for your Members. Tonight is the Chicago White Sox Legislative Caucus. It's our ninth annual event. Everybody's invited whether you're a White Sox fan, Cub fans, Cardinal fans, you're all welcome. Just behave yourself. It'll be at the Alamo. The White Sox game starts about 7:10. They're playing the Kansas City Royals. We're looking forward to a nice night. It'll be a beautiful night with that wonderful beer garden, we can be outside. Just an evening to have a good time and after we're done, we can all go to Susana Mendoza's birthday party. Hope to see you at the Alamo. Go, Chicago White Sox."
"Representative Leitch."
"Thank you very much, Mr. Speaker. You know, many of us, as things are winding down and perhaps coming to a close, are reminded of what we learned in the Human Service-Appropriations Committee where we noticed that the 09600136.doc 80 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 community-based agencies were being cut by over $90 million while pay raises for the agencies totaled, in just that agency, $47 million. Many of us at the time thought that was completely upside down in that the agencies are supposed to be serving the communities and those who need help and not the other way around. The other point that many of us recognized immediately, in the course of having this fiscal nightmare in our state, that we all should be sharing the pain. All of us throughout the state should share the pain. As many of us are having 12 furlough days to set that example, state agencies are not by any means participating to that level. But to the end and to the importance of the principle of shared pain, I would like to draw attention and invite my colleagues on both sides of the aisle to a Resolution that I have just filed this afternoon, Resolution… HR1218 which lays out the pay raises and urges Governor Quinn to reopen those contracts and promises that those of us who have signed this Resolution will not entertain any kind of revenue enhancements until the situation is remedied. How, in good conscience can we leave here and let the state agencies have $336 million in pay raises while the mentally ill are being turned toward the street, the developmentally disabled, the people who are trying to stay in their homes, not nursing homes and on and on and on. The kids who are waiting for MAP grants, the kids who are suffering education wise because the resources haven't been there. How in the world can we rationale… rationalize $33.6 million in pay raises? I think it would be a very important gesture for all of us to 09600136.doc 81 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 come together, not just on our side but on yours as well, and send a message that $336 million of agency pay raises is not going to fly. A message that we want shared pain to help lead an example for the rest of our citizens to find solutions to get out of this fiscal mess that we're in. So, anyone who's interested, I'm happy to sign and include you as a cosponsor on House Resolution 1218. Thank you, Mr. Speaker."
"Mr. Clerk, committee announcements."
"The following committees will meet immediately following Session. Will meet immediately following Session is Aging in Room 114, Agriculture & Conservation in Room 413, Stratton, Elections & Campaign Reform in Room 115, Higher Education in Room C-1, Public Utilities in Room D-1, Revenue & Finance in Room 122B. Thirty minutes following Session the following committees will meet: Counties & Townships in Room C-1 and Transportation, Regulation, Roads & Bridges in Room 118. Those committees will meet 30 minutes after Session."
"Representative Stephens."
"Thank you, Mr. Speaker. Representative Lyons, I think, earlier remarked about a… some sort of a meeting tonight with the Chicago White Sox fans and others were invited. I… For those of you who are interested in Major League Baseball, the Cardinals play at 7:05 tonight, the league-leading St. Louis Cardinals 18 and 8. Hooray."
"I believe that would be 6:05? The Gentleman from Vermilion, Representative Black." 09600136.doc 82 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010
"I'm sorry, Mr. Speaker. Is there… were… Are Cub fans welcome?"
"Always at my house, but you'd have to check around."
"What? Only if I what?"
"You'd still have to check around with the other Members."
"Well, all right, then I'll just show up and I'll tell you what I'm going to do. I'm going to bring Milton Bradley with me and you're all going to be sorry."
"Representative Lyons has said you're always welcome. Representative Mulligan is in defense of the Cub fans."
"Did I miss something or is this October and the Sox are in the Series or something? I mean, I thought maybe the Cubs would have a chance this year, but I don't understand this big play at this time of the year. Good heaven."
"Mr. Clerk, Agreed Resolutions."
"On the Order of Agreed Resolutions is House Resolution 1205, offered by Representative Stephens. And House Resolution 1207, offered by Representative Monique Davis."
"Representative Currie moves adoption of the Agreed Resolutions. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. And the Agreed Resolutions are adopted. And now, allowing perfunctory time for the Clerk, when the House… Representative Currie moves that the House stand adjourned until Wednesday, May 5 at the hour of 11 09600136.doc 83 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 a.m. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. The House does stand adjourned."
"House Perfunctory Session will come to order. Committee Reports. Representative Washington, Chairperson from the Committee on Aging reports the following committee action taken on May 04, 2010: recommends be adopted is Senate Joint Resolution 117. Representative Verschoore, Chairperson from the Committee on Agriculture & Conservation reports the following committee action taken on May 04, 2010: recommends be adopted a Motion to Concur with Senate Amendment #1 to House Bill 6099; and recommends be adopted is Senate Joint Resolution 105. Representative Nekritz, Chairperson from the Committee on Elections & Campaign Reform reports the following committee action taken on May 04, 2010: recommends be adopted Floor Amendment #2 to Senate Bill 2168. Representative Boland, Chairperson from the Committee on Higher Education reports the following committee action taken on May 04, 2010: recommends be adopted is Senate Joint Resolution 88. Representative Collins, Chairperson from the Committee on Public Utilities reports the following committee action taken on May 04, 2010: recommends be adopted is Floor Amendment #3 to Senate Bill 3464. Representative Mautino, Chairperson from the Committee on Revenue & Finance reports the following committee action taken on May 04, 2010: do pass as amended Short Debate for Senate Bill 3401. Representative Verschoore, Chairperson from the Committee on Counties & Townships reports the following committee action taken on May 04, 2010: do pass Short Debate for 09600136.doc 84 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 136th Legislative Day 5/4/2010 Senate Bill 3010. Representative Beiser, Chairperson from the Committee on Transportation, Regulation, Roads & Bridges reports the following committee action taken on May 04, 2010: recommends be adopted is Senate Joint Resolution 118. Introduction of Senate Bills. Senate Bill 2650, offered by Representative Watson, a Bill for an Act concerning elections. First Reading of this Senate Bill. Introduction of Resolutions. Senate Joint Resolution 80, offered by Representative Dunkin and Senate Joint Resolution 115, offered by Representative Harris. Second Reading of Senate Bills to be held on the Order of Second Reading. Senate Bill 3401, a Bill for an Act concerning revenue. Second Reading of this Senate Bill. Senate Bill 3010, a Bill for an Act concerning local government. Second Reading of this Senate Bill. Introduction and First Reading of House Bills. House Bill 6866, offered by Representative Brauer, a Bill for an Act concerning public employee benefits. First Reading of this House Bill. There being no further business, the House Perfunctory Session will stand adjourned." 09600136.doc 85