"House Perfunctory Session will come to order. Committee Reports. Representative Currie, Chairperson from the Committee on Rules reports the following committee action taken on February 28, 2011: approved for floor consideration is Floor Amendment #1 to House Bill 19 and Floor Amendment #1 to House Bill 274. Introduction and reading of House Bills-First Reading. House Bill 3637, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3638, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3639, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3640, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3641, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3642, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3643, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3644, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3645, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3646, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3647, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3648, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3649, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3650, offered by Representative 09700021.doc 1 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 Madigan, a Bill for an Act making appropriations. House Bill 3651, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3652, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3653, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3654, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3655, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3656, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3657, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3658, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3659, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3660, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3661, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3662, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3663, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3664, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3665, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3666, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3667, offered by Representative Madigan, a Bill for an Act making 09700021.doc 2 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 appropriations. House Bill 3668, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3669, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3670, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3671, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3672, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3673, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3674, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3675, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3676, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3677, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3678, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3679, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3680, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3681, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3682, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3683, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3684, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3685, offered by 09700021.doc 3 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 Representative Madigan, a Bill for an Act making appropriations. House Bill 3686, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3687, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3688, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3689, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3690, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3691, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3692, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3693, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3694, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3695, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3696, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3697, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3698, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3699, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3700, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3701, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3702, offered by Representative Madigan, a Bill for an 09700021.doc 4 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 Act making appropriations. House Bill 3703, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3704, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3705, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 36… correction… House Bill 3706, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3707, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3708, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3709, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3710, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3711, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3712, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3713, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3714, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3715, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3716, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3717, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3718, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3719, offered by Representative Madigan, a Bill for an Act making 09700021.doc 5 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 appropriations. House Bill 3720, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3721, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3722, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3723, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3724, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3725, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3726, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3727, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3728, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3729, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3730, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3731, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3732, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3733, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3734, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3735, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3736, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3737, offered by 09700021.doc 6 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 Representative Madigan, a Bill for an Act making appropriations. House Bill 3738, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3739, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3740, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3741, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3742, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3743, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3744, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3745, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3746, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3747, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3748, offered by Representative Madigan, a Bill for an Act making appropriations. House Bill 3749, offered by Representative Madigan, a Bill for an Act making appropriations. And House Bill 3750, offered by Representative Madigan, a Bill for an Act making appropriations. Referred to the House Committee on Rules is House Resolution 131, offered by Representative Madigan. Attention Members and staff, the House will convene in approximately three minutes. The House will convene in three minutes. The House Rules Committee will meet immediately in the Speaker's Conference Room. The Rules 09700021.doc 7 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 Committee will meet immediately in the Speaker's Conference Room."
"The hour of 12:00 having arrived, the House will be in order. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and pagers and rise for the invocation and the Pledge of Allegiance. We shall be led in prayer today by Wayne Padget, the Assistant Doorkeeper. Mr. Padget."
"Let us pray. Dear Lord, we come before You today praying that on this day You grant us wisdom and guidance. We pray that every Representative can come together on one common ground and resolve the issues for the people of Illinois. Let us also pray for the men and women in our Armed Services both here and abroad, provide them with your protection and give them the strength to make it through these tough times. And let us also pray for the men, women and their families who have made the ultimate sacrifice to defend our country. These things we ask in Your Son's name, Amen."
"We will be led in the Pledge today by the Lady from Cook, Representative Williams."
"I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
"Roll Call for Attendance. The Gentleman from Jackson, Representative Bost."
"Thank you, Mr. Speaker. Let the record reflect that Representative Jerry Mitchell and…and Representative 09700021.doc 8 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 Mulligan are excused on the Republican side of the aisle today."
"Majority Leader Currie."
"Thank you, Speaker. Please let the record reflect the excused absences of Representatives Golar and Nekritz."
"Mr. Clerk, take the record. 112 answering the roll, a quorum is present and the House is prepared to do its business. Mr. Clerk."
"Referred to the House Committee on Rules is House Resolution 116, offered by Representative Brauer. House Resolution 117, House Resolution 119, House Resolution 120, House Resolution 124, House Resolution 130… correction… House Joint Resolution 16, House Joint Resolution 17, House Joint Resolution 18, House Joint Resolution 19, House Joint Resolution 20, House Joint Resolution 21."
Speaker Mautino: "The Gentleman from DeKalb, Representative Pritchard is seeking recognition."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, today is a very famous day. It was this day back in the early ADs that St. David performed some wonderful miracles in the Country of Wales. And in honor of that, we celebrate in Illinois the National St. David's Day. And I have Welsh cakes for everyone back in the Skip Saviano's office area. If you would like to take advantage of a little taste of Wales and in honor of that, I am also wearing a daffodil, which is the national color."
"On page 5 of the Calendar, under House Bills- Third Reading, appears House Bill 12. Representative Cole. 09700021.doc 9 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 The Lady from Lake, Representative… Mr. Clerk, read the Bill."
"House Bill 12, a Bill for an Act concerning education. Third Reading of this House Bill."
"The Lady from Lake, Representative Cole."
"Thank you, Mr. Speaker. House Bill 12 simply adds special education cooperatives to… for the ability to apply for the energy efficiency grants that the state put into effect last year. And I know of no opposition. I'd be glad to take any questions."
"The Lady's moved passage of House Bill 12. 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 Gabel, Feigenholtz, do you wish to be recorded? Mr. Clerk, take the record. 112 voting 'yes', 0 voting 'no', 0 voting 'present', and House Bill 12 is declared passed. Page 5 of the Calendar appears House Bill 142. 142, Representative Reitz. Out of the record. Representative Tryon, House Bill 173. Out of the record. Mr. Clerk, read House Bill 173."
"House Bill 173, a Bill for an Act concerning transportation. Third Reading."
"The Gentleman from McHenry, Representative Tryon."
"Thank you, Mr. Speaker. House Bill 173 actually came to me at the request of a constituent, who was an Air Force veteran, who pointed out that we have special plates for 09700021.doc 10 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 most of our Armed Services. We have special plates for the Navy. We have special plates for the Marines and the Army. And… and we did not have a special license plate classifications for the veterans of the Air Force or members of the Air Force. And he brought that to me and it seemed odd to me, so we filed this legislation. And I realized that we have Coast Guard and a couple of other ones and there was discussion in committee about why not include all the Armed Forces. And I think that has merit and we should go back and discuss that. But certainly, we should have Air Force and I believe they have enough retired members who are currently in the system to actually meet the threshold of a $100 thousand or 1500 plates. So, with that, I would ask… answer any questions."
"The Gentleman moves passage of House Bill 173. And on that, the Lady from Kankakee, Representative Dugan. Out of the record. Excuse me, Mr. Clerk, place that Bill back on the board. Representative Stephens, on House Bill 173."
"Well, thank you, Mr. Speaker. Can we have some order? Not so fast, Representative, not so fast. We yes, I'm talking to you, the Sponsor. The… this is an amazing piece of legislation. You know, some of us have been around a long time, and I am one of those old soldiers. We still wonder why the Army Air Corps doesn't exist. Representative, would the Gentleman yield for a question or two?"
"He says, yes." 09700021.doc 11 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011
"What's… Representative, what happened to the brown shoes?"
"Representative, I don't know what happened to the brown shoes, but…"
"Is this your first Bill?"
"This is not my first Bill."
"Not your first Bill. Then you should be able to tell me what happened to the brown shoes."
"I am sure you're going to tell me what happened to the brown shoes."
"And can you describe for me, what shade of blue is that uniform that the… that the Air Force wears?"
"I'm sure it's a… it's a royal blue."
"Royal blue. Well, it's a… we have some other terms for it in the… in the Army. The only good thing about the Air Force is that they carry paratroopers. And we get out of those planes because there's no such thing as a perfectly good airplane. Don't you agree?"
"No, I wouldn't agree. And I'm sure those who served in the Armed Forces under the flag of the United States Air Force would not agree either."
"They should still be a member of the United States Army. The Army Air Corps had nothing wrong with it. Jimmy Dolittle flew for the United States Army Air Corps. If it was good enough for Jimmy Dolittle, it ought to be good enough for today's Air Force. Wouldn't you agree?"
"I… I would submit to you that the Armed Forces are divided into the categories that we need by the United States Congress and therefore, I support their decision." 09700021.doc 12 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011
"Mr. Speaker, I'm going to rise… I think we probably ought to… we should vote for this Bill. Because if you've got an Air Force guy in front of you, you want to know about it because you never know when they're going to hit the afterburners and that… that Chevy Impala is going to take off into the wild blue yonder. So, I rise in support of the Gentleman's Motion. The Army Air Corps was great. The United States Air Force is greater. They deserve their day."
"The Gentleman has moved passage of House Bill 173. No one else 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 Harris, Bost, Phelps, do you wish to be recorded? Representative Reitz. Mr. Clerk, take the record. 107 voting 'yes', 5 voting 'no', 0 voting 'present', House Bill 173 is declared passed. The Lady from Kankakee, Representative Dugan."
"Speaker, point of personal privilege."
"State your point."
"Yes. I would just like to remind everyone that tomorrow morning the Fire Caucus will have its first meeting at 7:30 a.m. in the Rathskeller. So, we certainly invite all of our fellow Representatives for the Fire Caucus meeting in the Rathskeller, tomorrow morning, 7:30 a.m." 09700021.doc 13 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011
"House Bill 196. Out of the record. On page 5 of the Calendar is House Bill 200. Republican Leader Tom Cross. Mr. Clerk, read the Bill."
"House Bill 200, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Cross."
"Thank you, Mr. Speaker. This is a Bill dealing with concussions at the… specifically dealing with concussions at the high school level. And before I go into this Bill, and I won't take a lot of time, I want to thank a number of people that have been involved in this Bill in trying to package it in a way that makes sense and is practical and is not a mandate on school districts. I also want to thank, Representative Franks, Representative Lang, Representative Davis, who had their own Bills and have said we… we want to work with you, Representative Cross. Senator Raoul, in the Senate, and I have been talking. He has a Bill, Northwestern's been involved, the Chicago Bears, the NFL and the IHSA and you see also Representative Eddy there, he's helped us from a mandate perspective. But what this Bill simply does is says that we need to create a education process, an awareness process at the high school level, so for… so both kids and parents know about concussions, know the repercussions of concussions and what we need to do to protect kids and what we need to do with kids after they have received a concussion. The IHSA is very good about driving that information to the local school districts. It passed out, I believe, unanimously from the Education Committee. I appreciated the questions 09700021.doc 14 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 there. I would also tell you that this Bill is not done. There are park districts, for instance, that probably need… not probably need to be in this discussion. Senator Raoul and I have talked about that. The folks from Northwestern have as well. And how far we go is… is up to debate, but bottom line is this gets the discussion going and we are hopeful that we can end up with a final product that protects kids in all ages in our state because I think when we were in committee we found out and, as we've been reading around in the newspapers around the… the state, these concussions have… have lasting impact and they are very problematic for kids, both boys and girls, men and women and a lot of sports, not just football, need this education process. So, with that, I'd be glad to answer any questions and that obviously would appreciate a 'yes' vote."
"Gentleman's moved passage of House Bill 200. On that question, the Gentleman from Jackson, Representative Bost."
"Mr. Speaker, not a question to the Sponsor but just a statement to the Chair. It has been the policy of this House that when the Speaker and/or the Minority Leader speak that we go to a point where… where we can hear, that things are quiet and calmed down out of respect for their position. For some reason we've moved away from that and I would ask that when our Speaker is presenting a Bill that quiet is maintained in this chamber." 09700021.doc 15 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011
"Further discussion. The Lady from Cook, Representative… excuse me… the Gentleman from Cook, Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Please don't get it mixed up like that. Thank you. Mr.… will the Sponsor yield?"
"He indicates that he will." Davis, W.: "Thank you very much. Leader Cross, thank you very much for bringing this type of legislation forward. If, Representative Beaubien would move just a little bit one way or the other I could see… there we go. Thank you very much. I guess in listening and reading what our synopsis of the Bill states, I guess one of my… my broader concerns is it indicates that…that a student would have to be evaluated by an appropriate health care professional before that student can return to the field of play or to that particular sport, at least according to our analysis. So, presumably that's above and beyond a regular… the doctor that would just normally do the physicals for them before they could play. So, I guess, my one concern is a little bit about the cost factor, particularly for lower income districts who… and whether or not they can afford these physicians?"
"We took that out. It… it was a question that was raised; it's a very good question. Now, that particular language has been taken out because of the… for the very reasons you mentioned. And the IHSA is working on some policies, trying to be respectful of the diversity and the cost factors around the state and that the cert… different districts. That's no longer in the Bill." 09700021.doc 16 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 Davis, W.: "Okay. Thank… thank you very much, Mr.…"
"Good observation, thank you." Davis, W.: "Thank you."
Speaker Mautino: "No one seeking further discussion, 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 Acevedo, do you wish to be recorded? Mr. Clerk, take the record. 112 voting 'yes', 0 voting 'no', 0 voting 'present', the House Bill 200 is declared passed. Page 5 of the Calendar is House Bill 275, Representative Reboletti. Mr. Clerk, read the Bill."
"House Bill 275, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Representative Reboletti."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 275 is an initiative of… of DCFS. They had a situation where they tried to terminate an employee that had been convicted of attempted murder. They could not term… they headed towards arbitration. They could not terminate that person. They lost in arbitration. Because the way that the statute reads is that DCFS can only terminate people with that type of background with sex offenses, only if they work in a facility that… facility that DCFS oversees. This will take care of that oversight. I'll take any questions."
"The Gentleman moves passage of House Bill 275. And on that question, the Gentleman from Cook, Representative Davis." 09700021.doc 17 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 Davis, W.: "Thank you very much, Mr. Speaker. Sponsor yield?"
"He indicates that he will." Davis, W.: "Representative, if you could clarify something for me. According to our analysis, it indicates that no person may be employed by the Department of Children and Family Services who has been declared a sexually dangerous person under the Sexually Dangerous Persons Act. It says declared. Does that mean that they've been convicted of something? Is this… but it goes on to say declared or convicted. As if to say, the declaration does not necessarily amount to some type of criminal offense or something like that. Could you please clarify that for me?"
"It… it… in almost all cases, the sexually violent persons is a civil commitment after somebody is released from the Department of Corrections for like an aggravated criminal sexual assault and that the… there will be a civil commitment hearing to say that person still has issues that need to be addressed in a… a setting that is not in DOC confinement." Davis, W.: "So… so, the declaration is something that comes after someone has been convicted of such crime."
"Right. That would… that's correct." Davis, W.: "Okay. Thank you very much."
"There will be a hearing afterwards." Davis, W.: "Thank you."
Speaker Mautino: "No one seeking further recognition, the question is, 'Shall this Bill pass?" All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all 09700021.doc 18 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 voted who wish? Have all voted who wish? Have all voted who wish? Representative Dunkin, Representative Collins, do you wish to be recorded? Representative Dunkin, do you wish to be recorded? Mr. Clerk, take the record. 112 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 275 is declared passed. House Bill 1129, Representative Osmond. Mr. Clerk, read the Bill."
"House Bill 1129, a Bill for an Act concerning insurance. Third Reading of this House Bill."
"Representative Osmond."
"Thank you, Mr. Speaker. House Bill 1129 amends the ins… the Illinois Insurance Code to permit the director to specify the form and manner in which the insurance companies annual financial statements are filed. This passed out of committee with no objections and I know of no opposition. I'll be happy to answer any questions."
"The Lady's moved passage of House Bill 1129. No one seeking recognition, the question is, 'Shall this Bill pass?' All in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Brauer, Kosel, Leitch. Representative Phelps, Representative Reitz, do you wish to be recorded? Mr. Clerk, take the record. 86 voting 'yes', 24 'no', 2 voting 'present', House Bill 1129 is declared passed. House Bill 1162, Representative Morthland. Mr. Clerk, read the Bill."
"House Bill 1162, a Bill for an Act concerning transportation. Third Reading of this House Bill." 09700021.doc 19 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011
"The Gentleman from Rock Island, I believe, on his first Bill."
"Yes, Sir, thank you. And Mr. Speaker, I appreciate being recognized. Ladies and Gentlemen of the House, I do wish to bring forward House Bill 1162 for passage. It regards the use of private property, ATVs, and other off- road motorcycles and firearms. Extends the same rights that we have normally when we are on foot on our own properties."
"The Gentleman has moved passage of House Bill 1162. And on that question, the Gentleman from Cook, Representative Lang."
"Thank you. Will the Sponsor yield?"
"He indicates that he will."
"First of all, where is he? Oh, there he is. Representative, how are you?"
"I'm doing very well, Sir."
"Good. Your first Bill, right?"
"Yes, Sir."
"So, I'm noticing there's a lot of opponents to your first Bill. Couldn't you pick a better one?"
"I think we have a lot of great proponents as well, Sir."
"I didn't hear you, Sir."
"I think we have a lot of great proponents as well, Sir."
"So, why is the Department of Natural Resources opposed to your Bill?" 09700021.doc 20 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011
"I am sorry, Sir. Could you please repeat yourself?"
"Sure. Sure. Why is the Nat… Department of Natural Resources opposed to your Bill?"
"Sir, I appreciate your question, and I really I think this an excellent Bill. It allows us to keep our… our property rights. You'll notice that it came through Ag Committee with an absolute unanimous vote. We're very pleased with that at the time. Most Bills have not been referred to firearms."
"I don't think there's been a 'no' vote on the Ag Committee since I served on it, Sir. So… so, I'm going to ask the question again."
"Yes."
"Just so I can get an answer."
"Sure."
"Can you tell me why DNR is opposed to your Bill."
"They have some concerns about possible poaching. However, since poaching almost always exclusively occurs on public people… who are abusing public right of ways already. This really wouldn't increase that risk."
"And why would the… the Department of Conservation Police be opposed to your Bill?"
"I'm sorry that was the Conservation Police."
"And what… so what about DNR?"
"I think DNR is willing to accept a good Bill when it comes through. And I believe that the D… that the Conservation Police are a subset of DNR."
"So, this is not two separate opponents." 09700021.doc 21 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011
"I believe…"
"It's one opponent."
"That's my understanding, Sir."
"All right. So, can you tell me the… a problem in our society that this Bill is trying to fix?"
"Well, absolutely, Sir. As a private property owner and as an ATV owner who actually uses… uses my AVTs in the practice of my profession which is farming. I engage in a lot of activities on our farm, on our private property with our ATVs. This simply would allow us to be able to share other personal property rights that we have on our off-road vehicles."
"And so, as I understand it, today, under the law, a person who wants to ride an ATV with a firearm in their possession has to be in compliance with something called the Wildlife Code. Is that correct?"
"That's right. What we're doing is changing this over from the Wildlife Code to being under the Criminal Code."
"And what is the practical difference of making that change in terms of where a person might be able to have a firearm on their possession or with them?"
"Well, certainly, Sir. I have devices that I can use to carry a lot of implements, at this time, on my all- terrain vehicles. However, since they are not cases, I can't use them with firearms. And this would allow me ab… able to use this same devices that I use to carry other items safely and also, be able to carry firearms, under the proper circumstances as well." 09700021.doc 22 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011
"Was there any testimony in committee up… in opposition other than the state agency?"
"No Sir, only… it only had to do with the Conservation Police."
"All right. And do any other states have a similar provision than the one that you're trying to put into our law, Sir?"
"Well, it's kind of difficult to understand exactly, Sir, because many states have more loose… nearly every state has looser resp… looser legislation in regard to being able to carry weapons than Illinois does. So, consequently, we could end up in an apples and oranges discussion very quickly."
"And… so, I noticed in the Bill that the restrictions do not apply if a person is on their own property. Is that correct?"
"That is correct, on their own property or the property of another with expressed permission."
"Now, is that a change you are proposing or is that in the law today?"
"It's currently in the law in the sense that those provisions of being able to carry firearms alr… already in the current law under the criminal statutes."
"All right. And this is an initiative of the NRA. Is that correct?"
"They're friends of the Bill, Sir."
"And if I vote for the Bill today will you tell them I give them one."
"I will, Sir." 09700021.doc 23 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011
"All right. Thank you very much."
"I appreciate it very much."
Speaker Mautino: "Further discussion? The Gentleman from Crawford, Representative Eddy."
"Thank you. Will the Sponsor yield?"
"He indicates that he will."
"First of all, Ladies and Gentlemen of the House, if I could have your attention, please. I'd like to point out that Representative Morthland, although it's a pretty lame attempt to follow the rule, has attempted to follow the red jacket rule. And Representative, if you would just turn around and show everyone the cute little red jacket that you have on your lapel. Ladies and Gentlemen of the House, if we could, for just a second, is that… does that pass the red jacket test, in your opinion? Those in favor say 'aye', those opposed say 'no'. Well, that's your job. I'm sorry, Mr. Speaker. I didn’t mean to… I didn't mean to."
"May I… may I respond to the Gentleman's point, Sir?"
"No. I do have a question for you though, on the Bill. What… what exactly is… is a off… off-highway motorcycle?"
"These are devices that are not licensed for driving on public roads. They do have to… they do have to have a title under Illinois State Law. However, there has always been a… a very fine line between generally an off-road motorcycle and an all-terrain vehicle, which is now generally considered a quad. What we see is that there's a development of these… of these vehicles throughout time. Some actually originally had two wheels. Some for a time 09700021.doc 24 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 had three wheels. Now, they all have four wheels and yet, they are still common… call them common parlance a bike. Therefore, they are in the family of off-road type motorcycles."
"So… so, this Bill would allow an individual to carry a loaded uncased firearm on a… an off-highway motorcycle?"
"That's correct, Sir."
"So, wo… would you agree that a mini-bike would be a classification of an off-highway motorcycle? A… you know, we used to have these mini-bikes. We rode around on… on trails. Wo… would that be considered an off-highway motorcycle?"
"It could be, perhaps, Sir. They're definitely off- highway vehicles."
"Okay. So, really what this does is allow people on mini-bikes to carry unloaded weapons that are, I guess, the way the Bill reads, not immediately accessible or in a nonfunctioning state."
"This would allow people with all-terrain vehicles and similar devices, four wheelers, whatever you want to describe them, to be able to carry arms on their property."
"So, it's not your intention to allow mini-bike operators to carry around weapons…"
"Sir, it was not."
"…willy-nilly on property. Let me ask you another question, very briefly. Do… do you have to… you say you have to have permission to be on someone else's property with the ATV and the unloaded, uncased gun?"
"Yes, Sir." 09700021.doc 25 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011
"Okay."
"In writing or in verbal."
"Do you have to have a note?"
"No…"
"What kind of permission?"
"…and, according to the statute…."
"Verbal?"
"… that they currently read verbal counts."
"Verbal. You can just say I have his permission and then later, you don’t have to carry a note with you or permission slip or anything like that to… to show?"
"Not according to the laws of the State of Illinois."
"Representative, you say you own an ATV."
"Two, Sir."
"You… you own an ATV. Do you own a minibike?"
"No, Sir. I do not."
"Representative, I… I applaud the effort here. It's not often that we have a first Bill that allows people to do something they can already do. And I think we should all… we should all support your effort. You really made a nice effort with the red jacket, as well."
"My mother made this for today's occasion, I'll have you know."
"Your mom… well, that's very nice, very nice. And I think based on that and the fact that this really doesn't have a… a long-term immediate effect, accept possibly for mini-bike owners, we could give you a pass on this one. 09700021.doc 26 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 But I'm not… I'm not really so sure about that. We'll just have to see how the vote turns out, Representative."
"Thank you, Sir."
"Further discussion? The Lady from Lake, Representative May."
"Thank you. Will the Sponsor yield?"
"He indicates he will."
"Yes. And I do apologize because of the noise level. I hope this question hasn't been asked. But I'm trying to ascertain how you meet th… the current laws with an ATV. There is no trunk. The shooters that I know that break down their guns and take them to competitions, break them down and put them in a case in the trunk. So, how do you… what part of an ATV has a trunk or a locked portion that you just can't grab and use it. Would you just explain that and I apologize if it's been asked?"
"No, no, the question has not been specifically asked. However, they break those down for a general transport, according to the law today, but also specifically ATVs, by their very nature, are not allowed on public highways. Therefore, everything for transporting on a… on an off-road vehicle has to be applied to, at this time, when one goes into… onto a public roadway which would include having to get the vehicle into the trunk… I mean, the gun into the trunk before."
"But doesn't matter, if you're… from… from… I'm concerned with public safety. So, it doesn't matter if you're on a highway or driving across your yard or driving in your 09700021.doc 27 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 driveway, the concern for me on public safety is how quickly you can access that gun and that ammunition."
"Well, again, when we're on public… when we are on public property, then we should be restricted at least according to the current law in regard to our access to these weapons. However, just as when if I am walking across… through my pastures, I… if I have a weapon with me, I can have immediate access to it. However, if I am driving through my pasture on my ATV, I can't."
"But you also are lifting any safety precautions. So, I grew up downstate and I'm very familiar with pastures, but now I live in a suburban area. The closest thing we have is a park district. It may have soccer fields. It may have baseball fields, and all. So, if someone we're to take an ATV across the soccer fields, across the park district, they would not have their gun locked up or inaccessible. Is that correct?"
"No. This… this law would not make that change. In fact, if you'd look at the statute as it stands un… and in part we are not amending, what you find are that there are significant restrictions for going near basically anything with public access, such as a park, such as even a swimming hole or an ice… a frozen over lake that someone would be going to be ice-skating on. If there's a place that a… that a… that a pond has cleared for ice-skating an operator of an ATV can't get close to that anyway. So, we are all already very restricted and that doesn't change."
"Okay. But if you're out in a pasture and I am the owner of that farm and have allowed the local 4-H club to come 09700021.doc 28 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 out and pick mushrooms or to pick daisies or something, if they came across this ATV with the firearm in it, wouldn't… wouldn't their public safety be compromised? Maybe they would be throwing their wrappers or they would be a dropping their lunch pail or something that might antagonize them. I'm concerned with the public safety. So, even if it were a park or something or that, but you could have an open field that had people who were entitled to be there."
"Again, according to the statute, as it will remain unamended, there are severe restrictions for the… the ATV owner is responsible for all liability. So, it's still responsible under the law for everything that happens. An ATV is actually quite a dangerous device, whether or not it has a firearm on it. There are severe injuries and other things that can occur. And there are tremendous safety responsibilities already written in the law that are incumbent upon the owner and operator of the vehicle. And these still continue to be in place whether or not we allow this on private property. They're already dangerous. I wouldn't want a 4-H club being able to jump on an ATV and ride it anyway."
"I'm not talking about that. I said if someone, an adult who were riding an ATV, but you do bring up a very good point about the dangerous nature of an ATV. Could you just answer for me or clarify for me the age that is required to ride an ATV and whether my kids, when they were younger, had a Spree that they… that they rode. What is the age restriction for riding an ATV?" 09700021.doc 29 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011
"The age restrictions for ATVs are… per… pertain to the size of the vehicle. There are little ones made for little people, big ones made for big people and all of the responsibilities that would normally fall to any other owner or operator of a firearm would also apply and would not be preempted by changing to allow transport on the all- terrain vehicle."
"So, a little child riding a little ATV could be driving around with a… a firearm in a non-locked…"
"Little children… little chil… little children are not generally allowed to possess firearms, unsupervised."
"But… so, if they have a little child with a little ATV, how do we know that the supervising adult is following along?"
"Well, again, I appreciate the question, but as in… in all of the cases, when you have multiple over-lapping laws that are already in place and all we're doing here is allowing for one re… one loosening, which is for those people who are already legally operating ATVs and/or legally able to be in possession of firearms on private property. The… all we're doing is allowing a heretofore intersection of those that would still be relevant to all the other… other elements of the Code in other respects."
"But do the elements of the Code about accessibility of firearms apply to the accessibility on an ATV?"
"Those people who can legally carry firearms on their own property at this point in time without the mechanical vehicle, such as an ATV, would still be allowed 09700021.doc 30 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 to do so. Those who cer… can't under this form… under the law at this time would not be able to."
"So, the restrictions that we have in place about accessibility and breaking down a gun and not having it loaded would be overridden, it seems, by the way you're describing this, would be overridden by the part… just merely by the fact that they are riding on an ATV."
"No. The… the same… what this is, if… if you were… if you are someone who owns a firearm, you can carry it on your person on your property. This extends those same rights that already exist to that one type of vehicle. This isn't overriding the preemptions against people using firearms in different situations."
"So… but I… I still think that we are skirting the law that the protections that have been put in place of someone driving a vehicle and having it not be accessible, not be broken down, not be in a trunk. It's really, I guess, we miss Representative Bill Black and him talking about the slippery slope. But this really thinks, it seems to me, that we are starting a slippery slope here. That we are allowing someone to ride on a vehicle with a firearm that is accessible. I am concerned about the public safety and while you've explained some of the parts about lakes and schools and parks and all, accidents can happen and people can be provoked even on private property, even on their own property, even if they're staying away from lakes. So, I… I do have concerns that we are endangering safety of the citizens of the State of Illinois. But thank you for your indulgence and trying to answer my questions." 09700021.doc 31 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011
"Thank you."
Speaker Mautino: "Further discussion? The Gentleman from Saline, Representative Phelps."
"Thank you, Mr. Speaker. To the Bill. Representative Morthland, I want to commend you on this Bill. A lot of people already do this. You can do this already on private land with a truck, with a vehicle. All we're asking is for the ATV. I have a Rhino, the side by side. This is going to allow this. So, this is a commonsense Bill. And I think we're making this more than what it is. A lot of people do this already. We're making them criminals when we shouldn't. I commend you on your Bill. And I think it should be an 'aye' vote."
Speaker Mautino: "The Gentleman from Cook, Representative Zalewski."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Yes."
"Representative, does the… does your Bill apply to snowmobiles?"
"No Sir, it would not apply to snowmobiles, as it's written. The ATV… for instance, he mentioned, Brandon, the Representative mentioned his… his Rhino, which is a cousin to my ATV, it simply has two seats."
"Here… here's my…"
"But that's not a snowmobile."
"Here's my concern with… with the way the Bill's written. If… if you have a snow covered ground here and you're riding an ATV and for instance, would this Bill aid hunters if they're hunting on a private piece of land? 09700021.doc 32 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 Would they be able to carry their sidearm while they're hunting on a private piece of property?"
"Yes, Sir."
"Okay. So, if, for instance, they had to traverse from one private piece of property to another and they cross a public thoroughfare and in the middle they're… they're stopped by police officers, once they're in their pri… once they're in that public thoroughfare, now they're guilty of UUW, they commit a violation. So, you may very well be hurting or harming the very individuals you're trying to protect with this Bill."
"Well, I appreciate that, but I don't believe so because currently they… they were… they are already in trouble if they were to go on public land for a recreational purpose. I mean… I'm so… so, you can't… we can't drive ATVs on public land for recreational purposes, which certainly hunting would be. Therefore, we couldn’t do it… we can't… we couldn't do it anyway. We would have to… to load up in the trunk as the previous Representative mentioned."
"I… I, Representative, I certainly appreciate what you're trying to do with this Bill. I just… I'm concerned about removing it from the purview of the Wildlife Code and moving it over to the… the Criminal Code. So, I appreciate taking the time to answer my questions, though."
"Thank you, Sir."
Speaker Mautino: "No one seeking further recognition Representative Morthland to close." 09700021.doc 33 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011
"I appreciate all the questions today and I simply ask that you remember that all we are doing is allowing people who have certain rights of possession to be able to continue using those rights on the same public land… private lands, rather, that they are doing so now and simply being able to use a particular type of motorized device in order to be able to carry on the same legal activity that they currently are. I ask you to pass the measure."
"The Gentleman moves passage of House Bill 1162. All in favor will vote 'yes'; opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mayfield, do you wish to be recorded? Mr. Clerk, take the record. 86 voting 'yes', 26 voting 'no', 0 voting 'present', and House Bill 1162 is declared passed. Congratulations on your first Bill. Page 5 of the Calendar appears House Bill 105, Representative Flowers. Do you wish to call the Bill? Representative Flowers on House Bill 105."
"Thank you, Mr. Speaker…"
"Read the Bill."
"…Ladies and Gentleman of the House. Hous…"
"Mr. Clerk, read the Bill."
"House Bill 105, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"The Lady from Cook, Representative Flowers."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 105 is a reenactment of previous 09700021.doc 34 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 law. It would require the Department of Professional Regulations to publish a profile of all licensed physicians including information that will be helpful to families to make informed decision in regards to their primary care. And I'll be more then happy to answer any questions you may have in regards to House Bill 105."
"The Lady from Cook has moved passage of House Bill 105. And on this question, the Gentleman from Morgan, Representative Watson."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates that she will."
"Representative, do you know the position that the Med Society has on your Bill at this point?"
"I'm glad you asked that question, Representative, because the Med Society is neutral."
"And do you… do you know of any other opposition to your Bill?"
"I know of no other opposition to House Bill 105, Sir."
"Okay. Thank you, Representative."
"And thank you for asking."
"No one seeking further recognition, question is 'Shall this Bill pass?' All in favor will vote 'yes'; opposed will vote 'no'. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Chapa LaVia, do you wish to be recorded? Mr. Clerk, take the record. 112 voting 'yes', 0 voting 'no', 0 voting 'present', and House Bill 105 is declared passed. On page 5 of the Calendar appears House 09700021.doc 35 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 Bill 1192. Representative Lang, do you wish to call the Bill? Mr. Clerk, read the Bill."
"House Bill 1192, a Bill for an Act concerning liquor. Third Reading of this House Bill."
"The Gentleman is… Representative Lang."
"Thank you, Mr. Speaker. Ladies and Gentlemen, this is a proposal by DNR to allow certain liquor sales for events held at DNR facilities. There was no opposition in committee."
"The Gentleman has moved passage of House Bill 1192. On that question, the Gentleman from Lake, Representative Sullivan is seeking recognition."
"Thank you, Mr… Mr. Speaker. Will the Sponsor yield?"
"He indicates he will."
"Thank you, Representative. I'm trying to get a handle on this real quick. Is… is there a specific reasoning or area of the state that we've decided to… to bring forth this? Is there… are you trying to take care a specific incident, I guess?"
"There's no incident, Sir. But in the process of marketing the DNR facility, they've been trying to get small groups of people who have events that might last two, three, seven days to come and do an event at a local DNR facility and it would be easier for them to market it and steal business away from other people, if they were able to sell liquor or if the people who are having the event were able to distribute liquor among themselves."
"Okay. Thank you for those comments." 09700021.doc 36 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011
"The Gentleman has moved passage Of House Bill 1192. All in favor will 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 Brauer, DeLuca, Senger. Mr. Clerk, take the record. 80 voting 'yes', 32 voting 'no', 0 voting 'present', and House Bill 1192 is declared passed. Page 5 of the Calendar is House Bill 1222, Representative Zalewski. Mr. Clerk, read the Bill."
"House Bill 1222, a Bill for an Act concerning transportation. Third Reading."
"The Gentleman from Cook."
"Thank you, Mr. Speaker. House Bill 1222 is a rerun from last Session. We were asked to make a technical change to the child seat passenger requirements we imposed in the spring. This just simply re… recalibrates it to ask for a form instead of a letter from the technician. I ask for a 'aye' vote."
"The Gentleman has moved passage of House Bill 1222. No one seeking recognition, the question is 'Shall this Bill pass?' All in favor will vote 'yes'; opposed will vote 'no'. Voting is open. Representative Harris, Representative Jones. Mr. Clerk, take the record. 112 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 1222 is declared passed. Representative Franks on page 5 of the Calendar is House Bill 1240. Would you like to call the Bill? Mr. Clerk, read the Bill."
"House Bill 1240, a Bill for an Act concerning education. Third Reading of this House Bill." 09700021.doc 37 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011
"The Gentleman from McHenry, Representative Franks."
"Thank you, Mr. Speaker. This Bill was brought to me by a constituent. I had the support, unanimously, in the committee in which it was presented. What this Bill would do is it would require school districts to share criminal background information for a year. And the reason for this, is oftentimes we have people who come in to work in the schools who work in the trades. And if you're working in one school and they've already done the criminal background check, we'd like to be able to have that transferred if they were asked to work in another school, as well. So, it's a way to help expedite people so they can work and save money at the same time for all of those involved. There's been no opposition. Be happy to answer any questions."
"The Gentleman from Crawford, Representative Eddy."
"Thank you. Will the Sponsor yield?"
"Indicates he will."
"Representative Franks, basically this is… this is an opportunity to share information related to criminal background checks and it just allows them to share. Can they not share that at this point?"
"No. There's no requirement too. And what we're trying to do is to… if someone, if you're a small business owner and you're asked to work at a school, you have to have a criminal background check before you can get in there to do some… you know, to fix the plumbing, whatever 09700021.doc 38 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 it might be. So, in my town, for instance, in Marengo, there are three separate school districts. Before that same guy can, same plumber, can go over and work at the high school after working at the grade school, you have to go get another criminal background check, which would slow it down, be expensive. And this way, we're saying share these, they're only good for a year. So, they'd have to keep doing them every year in case there was… anything should pop up. But this is a way that the governments would have to cooperate with each other, the different taxing bodies and to share this information."
"Okay. So, the school districts receive clearance from… usually through a Regional Office of Ed who… who does the criminal background check, initially. And that's good at any school in a region, but this extends that so that you can share it with the community colleges, as well?"
"Yeah. I think so."
"Because I think the situation you described where someone can work in a grade school and a high school and it… that they can work under the same background check, but this would allow that information to be shared with the community college that would also require background checks so they don't have to have a separate one."
"If you look at… on page 9 of the legislation. It is paragraph h. It would be… those that would be included would be a school, a school district, community college district or private school. And it's only goo… Hold on one moment."
"Okay." 09700021.doc 39 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011
"One moment."
"Now I'm looking at the language now and I… it makes sense because what you're doing is you're… you're taking this and extending it to some classifications here, the private schools and especially the community college district, so they don't have to replicate a criminal background check. Last year…"
"Correct."
"…we passed legislation for substitute teachers. A substitute teacher who happened to have a sub certificate in one regional office of education had to get criminal…"
"Right."
"…background checks in other regional offices and we passed the Bill that would allow them to share that. And basically, this seems to extend that to community colleges and private schools so that sharing is allowed to take place."
"That's exactly correct. And that… and that was why the constituent brought it to me."
"Okay. Representative, it makes perfect sense. I would urge the body to support this. It… it… it really eliminates some duplication and inefficiency that exists in the system now, but, it still keeps us safe because we… we shared the pertinent information. Thank you."
"Thank you."
"Further discussion? The Gentleman from Cook, Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates that he will." 09700021.doc 40 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 Davis, W.: "I want to make su… Hi. How are you doing, Jack?"
"I'm good." Davis, W.: "I just want to make sure I understand."
"Yeah." Davis, W.: "So… so, if a school district takes… obtains a or does a background check on an individual, you're saying that that school district has to share that information with whom?"
"With other scho… they would have to share with other school districts and community colleges or private school." Davis, W.: "How… how would… if that's my school district and I performed the background check, how would I know that I have to perform it or how would the other school district know that I've done a check subsequent to sharing their info? How would… how would they know that?"
"I think the burden would probably be on the trades person to say, you know what, I've just done a criminal background check with, you know, School District 165. Please call them and get a copy. I mean, that'd be the easiest way to do it. There's no way that I would ask for people to have to post something like this or… or send letters out to all the other areas. This is really benefiting the person, so he doesn't have to go and get multiple, you know, to… to replicate his efforts." Davis, W.: "Okay."
"So, once he has it once, he says, hey, call the school district and have them send it to you." Davis, W.: "Okay. So… so, you're saying that it's easier for me to just tell you that I've just did a background check…" 09700021.doc 41 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011
"Right."
"…and to obtain it from…"
"Right."
"…that individual…"
"Right. That's some personal responsibility 'cause it's really helping that individual. Unless the guy doesn't want to do that, then he can go through a whole other process of a whole other criminal background check, if that's the way he really wants to spend his time." Davis, W.: "Well, I mean, I just wonder if the individual really cares. But the burden of doing that is on the person…"
"Right." Davis, W.: "… whom the check has been done against or…"
"Sure." Davis, W.: "… on so to speak."
"Well, that's who this is trying to help, as well, while still protecting everyone." Davis, W.: "Thank you very much."
"Thank you."
"Further discussion? The Lady from Cook, Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates that he will." Davis, M.: "Okay. Representative, don't they… isn't this already done?"
"No." 09700021.doc 42 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 Davis, M.: "You're saying if a… if a school district does a background check, currently, what does he do with that information?"
"They don't share it with others. And what we're trying to do…" Davis, M.: "Even if someone requested it?"
"There's no… there's no procedure in the law to allow it." Davis, M.: "So now, this particular Bill will allow them to provide this information to another school board or school district upon request."
"Correct." Davis, M.: "So, there's no cost, of course, associated with this."
"Correct." Davis, M.: "Have you heard from any of the universities or any of the people who will be affected by this?"
"There's no opposition to the Bill. No one slipped in at all and it passed unanimously in committee." Davis, M.: "I saw something in the analysis that had something to do with sexual predators or something."
"I… I'm not sure I understand the question. I think on any background check they're going to check to see whether you've committed a violent crime." Davis, M.: "You said that he would check… they would check the sex offender database."
"Oh, they'd have too. Sure. I mean, they do that… we're not changing what they're checking. We're just…" Davis, M.: "So, they already do that." 09700021.doc 43 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011
"Yeah. We're not changing what they're checking. We're just saying you need to share this information to make it less burdensome on the… on the citizens." Davis, M.: "Cause we… we're finding that a lot of people that work in these school districts are criminals. Is that right?"
"I'd… I'm not. I don't know. I hope not. Hopefully they're not fi… hopefully there aren't any criminals working there that are violent offenders or sex offenders." Davis, M.: "Are we correcting an error that has being made? Are we finding that we've been negligent, that criminals are getting into the educational system?"
"I'm not saying that at all. I'm saying, right now, they do the background check but, there's no reason to do multiple background checks on the same individual in a short amount of time." Davis, M.: "Okay. So, if the person applies in more then one district one background check will be sufficient."
"That's exactly right. I mean…" Davis, M.: "Okay."
"… that's the whole idea because we're trying to streamline the process and be efficient in government for a change." Davis, M.: "That makes a lot of sense, if we're going to save money by having one background check rather than a multiplicity of them."
"Exactly." Davis, M.: "And I support your Bill. Thank you, Representative." 09700021.doc 44 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011
"Thank you."
Speaker Mautino: The Gentleman from McHenry to close, Representative Franks."
"Thank you, Mr. Speaker. And I appreciate the fine questions. I think this a… a Bill that will help keep people working and put some intelligence on how we've been doing these background checks. So, I encourage an 'aye' vote."
"The Gentleman has moved passage of House Bill 1240. 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 Stephens. Mr. Clerk, take the record. 112 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 1240 is declared passed. Page 6 of the Calendar is House Bill 1259, Representative Farnham. Representative Farnham, do you wish to call the Bill? Mr. Cle… Mr. Clerk, read the Bill."
"House Bill 1259, a Bill for an Act concerning public health. Third Reading."
Speaker Mautino: "The Gentleman from Cook, Representative Farnham."
"Thank you, Mr. Speaker. House Bill 1259 amends the Vital Records Act to provide that the electronic reporting system for death registration shall be used to transfer information to the Department of Healthcare and Family Services not less often than once every three-month period for the purpose of updating the roster of Medicaid recipients." 09700021.doc 45 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011
"The Gentleman has moved passage of House Bill 1259. And on that, the Gentleman from McLean, Representative Brady."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"He indicates that he will."
"Rep… Representative, could you… could you walk me through that again? Being the author of the electronic filing death certificate system in the state, I… I'd like to know how this… this is being beneficial to taking folks off the records or keeping some computer data. Can you explain that again? I couldn't hear the whole definition."
"Basically, what it says is that death registration shall be transferred to the Department of Healthcare and Family Services not less often than once every three-month period for the purpose of updating the roster for Medicaid recipients, so that they're taken off of the… the Medicaid rolls."
"Okay. So… so, what we're doing is off the electronic filing of death certificates in the state. When an individual who is on Public Aid… Medicaid in this state, we are updating the records to the department to let the department know that that individual is deceased…"
"Excuse me."
"…and should not be on…"
"Representative Brady."
"…records any longer."
"One moment. I would ask that the Members bring the noise level in the chamber down, please, so we 09700021.doc 46 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 can hear the debate. So, if staff are having discussions or Representatives, please take them to the back and give the Gentlemen the… your attention."
"Thank you, Mr. Speaker. Am I… am I following your… your thought process here on the explanation of Bill, Representative?"
"Yes. Basically, updating and purging the roster of deceased recipients on a regular basis to reduce the opportunity for non-recipients to make false Medicare…"
"So, what…"
"…free claims."
"…we're doing by means of… of technology is making sure that the individual who is deceased and was receiving benefits from the State of Illinois, Medicaid benefits, is purged off the record so there's no fraud that could be potentially going on down the road. Is that correct?"
"Exactly."
"Okay. And because of the… the advancement in technology in this area, through the Department of Vital Records they're able to send this list, this updated data, to the department to help check their records to make sure they're as up-to-date and efficient as possible, much like we're doing in deceased voter registration or Act, I should say, that once a voter is deceased, to the clerks through the Department of Vital Records and electronic filing of death certificates, we're getting them the most adequate and up-to-date information as possible thanks to the system. Does that sound correct?"
"Yes." 09700021.doc 47 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011
"Okay. Thank you very much. Ladies… Ladies and Gentlemen, to the Bill. Just so you understand that… that due to the technology side of things here, when we talk about Medicaid fraud, this is another area through the electronic filing of death records in this state that we should be able to hopefully have a better handle on those individuals who are deceased that have been receiving benefits, Medicaid benefits from the state, to make sure that no fraudulent way those benefits are paid out to someone else and giving the department the best opportunity with the most thorough record and information to prevent that fraud. So, Representative, I certainly support your legislation. Thank you."
"The Gentleman has moved passage of House Bill 1259. No one seeking recognition, the question is, 'Shall this Bill pass?' All in favor vote 'yes'; oppose vote 'no'. Voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Chapa LaVia, Representative Cunningham, do you wish to be recorded? Chapa LaVia? Mr. Clerk, take the record. 112 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 1259 is declared passed. Representative Phelps, House Bill 1295. Out of the record. Representative DeLuca, House Bill 1311. Mr. Clerk, read the Bill."
"House Bill 1311, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative DeLuca."
"Thank you, Mr. Speaker. Ladies and Gentleman, House Bill 1311, this amends the Municipal Code to allow 09700021.doc 48 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 municipalities the power to regulate sound devices. And sound devices, for this purpose, is defined as any radio, tape recorder, cassette player or any other device for receiving broadcast sound or reproducing broadcast sound. There's no opposition to the Bill. I ask for your support."
"The Gentleman has moved passage of House Bill 1311. On that question, the Gentleman from DuPage, Representative Reboletti."
"Thank you, Speaker. Will the Sponsor yield?"
"He indicates he will."
"Representative, is there a need to codify this? Don't we already have a statute that prohibits like loud radios. I know we used to do that when I was prosecuting some of those cases before. I know there's been issues with First Amendment rights, but haven't we already worked through all this?"
"Well, there are some Home Rule municipalities that are adopting an ordinance such as this. But this would give the ability for non-Home Rules…"
"Is there something…"
"…to adopt such an ordinance."
"Well, is… is there something we can do, if so we would with statewide. Then you're saying that we can… we'll preempt Home Rule?"
"I'm sorry. I can't hear you."
"I said, if we do it statewide, then we're preempting Home Rule, then? Are we, basically taking your… 09700021.doc 49 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 the statute from your community and making this a statewide statute, then?"
"No."
"What will this do, then, allow them to do that?"
"This would give the ability to non-Home Rules. This would give them the authority to enact an ordinance."
"Thank you."
Speaker Mautino: "Further discussion? The Gentleman from Crawford, Representative Eddy."
"Sponsor… will the Sponsor yield?"
"He indicates that he will."
"Representative, your… your intention here really has nothing to do with recording devices, does it? Are you talking about amplification and sound or are you talking about recording?"
"That's correct. The roo… the intent of this is this becomes a public safety issue. When the car stereos are played so loud on the public ways that it becomes a safety hazard, you cannot hear ambulances; you're unable to hear police vehicles, fire trucks and that's where the problem arises."
"Well, the… the… here's… here's my question. In the text of the Bill, sound devices include for the purpose of this Section any radio, I get that part, cassette player, but it also includes tape recorder. And my question is, I… I think there are already statutes that deal with audio recording related to eavesdropping. And th… your intent doesn't have anything to do… it's the noise, it's not, it's not… the recording, but this says recording in it." 09700021.doc 50 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011
"Yeah. Tape recorder, that would be the device that you would put a tape cassette in and play it."
"So, your… your Bill really is the playing of the tape, not the recording and the text says recording. I just want to make sure that you have no intent here to… to do anything with recordings. It's the… the amplification of the sound. It's the playing. It's the noise level that your intention has to deal with here."
"That's correct."
"Okay. Thank you."
Speaker Mautino: "Further discussion? The Gentleman from Jackson, Representative Bost."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates that he will."
"Representative, the genesis of this Bill, as of right now, do the communities not have this authority already under existing rules of the municipalities. I mean, I know of certain municipalities in my area that have… have set these codes in place and they're enforcing these already. So, why do we need to do it in State Law?"
"Well, from what I understand and I have heard some of those stories, that there are some non-Home Rule communities that have an ordinance such as this, but this would give the ability for non-Home Rules to enact an ordinance which by statute now, they do not."
"Okay. Here… here is and… and maybe this is a question that we need to maybe ask the… the people that are… are more into this or are for the local municipal law. Unless we have a State Law that prohibits, I thought that… that 09700021.doc 51 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 even a non-Home Rule municipality can pass certain ordinances and I thought this is one that they would be able to pass without you know… and I… I'm going to support the Bill, I… I want to be clear on that… but… but I really thought that there are many things that we can do in our own communities by passing existing local law…"
"Excuse me, Representative."
"…and we don't need state statutes."
"I'd like to ask the Members to bring the noise level in the chamber down, please. Staff, if you're having other conversations, please bring them to the back. Give the Gentlemen your respect and attention. Continue."
"So… so, that would be my only question. Is, you know, I mean, how many other things are out there that maybe we're not doing or that we're doing in the… in the local level that apparently that we can't do, but we're… we're… if that's… if that's the case, right now. We've got to codify this and you think there's other things out there?"
"Do I think that there's other things out there?"
"Well, for instance, like I said, I… I know a lot of communities that set these rules in place. If you're inside the city limits or on the main streets of certain communities throughout my district, the local municipalities passed laws and those local police officers enforce those laws, if the stereos are blasting too loud or… or whatever, noise… noise pollution levels."
"That is one of the inequities that this would rectify because you have communities that are Home Rule that have adopted an ordinance such as this and you have a community 09700021.doc 52 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 immediately adjacent to it that are unable to adopted an ordinance such as this. This would level the playing field. This would give any municipality the ability, if they so choose to, to create an ordinance like this."
"Okay. Thank you."
"Further discussion? The Gentleman from Cook, Representative Durkin."
"Will the Sponsor yield?"
"Yes."
"Representative, are we giving these municipalities complete authority to determine what the decibel level that they are going to choose that would be the threshold for violation?"
"Yes."
"Is there anything… Well, here's the thing. About six years ago I lost hearing. I am completely deaf in my left ear. And I necessarily will have to play things louder in my car whether in… and I'd hope that… and sometimes it's very loud. I think that… I'm going to support your Bill, but I think one thing that would be good to do, if you pass this, is look to see if whether or not there's any type of national standards or some type of level in which municipalities or governments are using which establish a decibel level. I think by giving them just blanket authority to determine what a decibel level is, which would be a violation, we're going to have inconsistencies like we have in different municipalities when you're driving from one to another. And people have criticized some of the gun laws we have because we have different types of regulations 09700021.doc 53 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 in one town and transportation to another. So, I just want to provide that for something to think about because I don't want to travel from like my town into another where there's going to be two different levels of decibel standards for people who are hearing impaired and… and also kids who are, you know, doing what they do. So, please keep that in mind and I hope you can work on that."
"And just to give an example, the town that I live in, it allows up to 75 feet. So, it's not based on a decibel rating. But if you can hear the radio with normal hearing from a distance of 75 feet, that's the…"
"Well, I used to have an aunt that could hear an 'H' bomb from a… she couldn't hear an 'H' bomb, but she could hear somebody maybe break wind two feet away from them. So, I will be, I'll… I understand where you're going, but I think that's at least something to consider down the road."
"Thank you."
Speaker Mautino: "Further discussion? The Gentleman from DuPage, Representative Fortner."
"Thank you, Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, I know we've discussed some of this in committee. I just wanted to maybe go through some of this 'cause I think it may help clarify some of the other questions that I've heard on the floor today. As I understand it, many municipalities will regulate general noise levels through there regular po… many municipalities will regulate general noise levels just through there police department, but that would apply to any kind of 09700021.doc 54 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 noise and all sources. Your Bill is more specific and provides for specific device regulation which would not necessarily be assumed to be able to be done under the non- Home Rule municipality. Is that correct?"
"Yes, that's correct."
"So, for the Members, I think that's a important thing because many of us are used to saying, well, gee, the municipality has some sort of noise ordinance in general. And that may be the case, but this provides uniformity for Home Rule and non-Home Rule municipalities when it comes to regulating specific devices that may be producing the unwarranted noise levels. So, I thank the Representative for bringing this Bill forward and will be supporting you."
"Further discussion? The Gentleman from Lake, Representative Sullivan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates that he will."
"Representative, we're having a discussion over here with some people that have a little more legal sense than I do. You're talking about regulating devices, not the output of these devices. Is that correct? Under the Bill, it says you're going to… sound devices, the corporate authorities regulate sound devices. And I think the intent here is blasting music, going down the street or in a home. Is that correct?"
"Yes, that is correct."
"So, why would we not have language that say we're going to regulate the output of these devices as opposed to them… the devices themselves. And I'm the direction I'm 09700021.doc 55 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 going with this is, it seems like this might be a little broad for some of these folks out there in… in the state where… could this be abused? Can we start regulating the type of devices that you have? Or… or other types of things because, as this is written, you're giving them carte blanche to regulate devices as opposed to the output, which is your… your intent."
"Well, it's certainly not the intent."
"I… I understand that, but you know, that's why we're here debating the Bill. And in… in my opinion it seems like it might be a little broad."
"Well, that is why the sound devices is specifically described so that there would not be any ambiguity: radio, tape recorder, cassette player, any other device for receiving broadcast sound or reproducing broadcast sound…"
"The… the point…"
"…is what sound devices as described as."
"…and… and I agree with you. You've narrowed it down to that. But the point is, could they regulate something other than the output? Could they regulate the type of or the product? Maybe you have a mayor that has a… an interest in a certain type of device and he could say we're only going to allow those in my town. It's a far- reaching…"
"Yeah."
"…example of course but that's the point I'm trying to make."
"Well, I think we could probably look at any piece of legislation. What could possibly happen? You know, what 09700021.doc 56 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 the unintended consequences are, but I don't believe there's any in this because it's specifically states what the purpose is. And this is about…"
"Well, it doesn't…"
"…the reproducing sound."
"…nowhere in here does it say we're going to regulate the output of the device. It just says the device. And your intent is the output of the device. And not in one… one part of this enacting piece of legislation does it say the output of the device."
"I didn't hear your last question. I'm sorry."
"Well, I'm reading the legislation. It's one, two, three, four, five lines and nowhere in the legislation does it say we're going to regulate the output of the device, what you're trying to get at here. I understand the intent but nowhere is your intent written in language."
"Well, the device for receiving broadcast sound or reproducing broadcast sound that is the output. That is the description of the output. Doesn't use the word output, but reproducing broadcast sound is the output."
"That… that and that's what you're… what you're asking is to make that jump that that's what you want. And I… and I, listen, I'm not trying to completely attack your Bill here. I just have some concerns about the broad nature of it and not even referencing the intent of what you want to do based on noise levels and outputs of these devices." 09700021.doc 57 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011
"Well, that should address your concern. Your very concern should be addressed with that portion, the reproducing broadcast sound."
"Thank you, Representative."
"Further discussion? Representative Sacia."
"Thank you, Mr. Speaker. To the Bill. Ladies and Gentlemen, municipalities can already regulate noise. The Gentleman has a piece of legislation simply to regulate the devices that create noise. It's a good piece of legislated… legislation. Support his Bill."
"Representative DeLuca to close."
"Thank you, Mr. Speaker. Appreciate those questions, they were very good. This Bill will give the ability for non-Home Rule municipalities to regulate devices that reproduce broadcast sound. I ask for your 'yes' vote. Thank you very much."
"The Gentleman moves passage of House Bill 1311. 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, do you wish to be recorded? Representative Brady, do you wish to be recorded? Mr. Clerk, take the record. 107 voting 'yes', 4 voting 'no', 1 voting 'present', and House Bill 1311 is declared passed. On page 7 of the Calendar, under Motions in Writing and the intent would be to take these Motions in one roll. House Bill 1135, Representative Watson; House Bill 1136, Representative Watson; House Bill 1137, Representative Watson; House Bill 2989, Representative Morrison; House Resolution 104, 09700021.doc 58 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011 Representative Jakobsson. Pursuant to House Rule 60(b), I move to table House Bill… the House Bills on the above list. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. And those Motions are tabled. Those Bills are tabled. Representative Currie. Representative Currie is seeking recognition. Representative Osmond on a point of personal privilege."
"Thank you, Mr. Speaker. Members of the House, I have a dilemma today. My seatmate's birthday was the 29th of February, but do we celebrate it yesterday or do we celebrate it today? Please join in wishing Jil Tracy a happy birthday."
"Happy birthday and I suggest you celebrate both days. Representative McCarthy on a point of personal privilege."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I would just like to remind you that tonight over at the Prairie Convention Center from 3:00 to 7 p.m. General Electric and Silver Springs Network and ComEd are hosting a smart grid, smart meter technology exposition and they're going to have some electric cars there. So, if you got to the auto show but weren't unable to see the electric car, I would advise you to come by there. They will have some… small presentation about 5:00 and there'll also be drinks and appetizers served. So, other than the people in my close vicinity here, all of you are welcome. So, thank you."
Speaker Mautino: "Gentleman from Lake, Representative Sullivan." 09700021.doc 59 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011
"Thank you, Mr. Speaker. A point of personal privilege."
"State your point."
"As we all know, next week begins Irish Week and the annual celebration of all that is Irish will take place on Tuesday, March 8. The Sullivan Caucus will be having an annual event and fundraiser to benefit certain charities. We will… take place 5 to 9 at Floyd's Thirst Parlor. Please come and enjoy all that is Irish. Thank you."
"The Gentleman from Cook, Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Representative Sullivan… Representative Sullivan, I thought the… I thought the week after was Irish Week?"
"Representative Sullivan."
"According to my colleagues that are in the Italian Caucus, they believe that is Italian Week, the week after. I realize that we have a certain date on March 7… 17, but we've decided to go up a week early, is the understanding." Davis, W.: "So… so, the Italians forced the Irish to move their week."
"It is amazing how that happens." Davis, W.: "I was… I was just curious. Thank you."
"Mr. Clerk."
"One committee time change for tomorrow. The Elementary & Secondary Education Committee that was to meet tomorrow at 8 a.m. is now meeting at 9 a.m. in Room 114. Elementary & Secondary Education meets at 9 a.m."
"Agreed Resolutions." 09700021.doc 60 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 21st Legislative Day 3/1/2011
"On the Order of Agreed Resolutions is House Resolution 115, offered by Representative Cross. House Resolution 121, offered by Representative Monique Davis. House Resolution 122, offered by Representative Durkin. House Resolution 123, offered by Representative Reboletti. House Resolution 125, offered by Representative Jakobsson. House Resolution 126, offered by Representative Bill Mitchell. House Resolution 127, offered by Representative Currie. House Resolution 128, offered by Representative Currie. House Resolution 129, offered by Representative Currie. House Resolution 130, offered by Representative Madigan. And House Resolution 133, offered by Representative Madigan."
"Representative Currie moves the House adopt the Agreed Resolutions. All in favor say 'yes'; opposed 'no'. Opinion of the Chair, the 'yeses' have it. The Agreed Resolutions are adopted. And now, allowing perfunctory time for the Clerk, Representative Currie moves the House stand adjourn 'til Wednesday, March 2 at the hour of 12 noon. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. And the House stands adjourned." 09700021.doc 61