"The hour of 1:30 having arrived, I'd like to call the House of Representatives to order. Members and guests are asked to refrain from starting their laptops, turn off all cell phones, and rise for the invocation and Pledge of Allegiance. We shall be led in prayer today by Wayne Padget, the Assistant Doorkeeper. Mr. Padget."
"Let us pray. Be good to Your servants while we live, Oh Lord, that we may obey Your word. Open Your eyes that we may see wonderful things in Your law, Amen."
Speaker Mautino: "We shall be led in the Pledge by Representative Monique Davis." Davis, M. – et al: "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 on the Republican side of the aisle excused today is Representative Eddy, Sacia, Schmitz and Stephens. Lock and load."
"Majority Leader Currie."
"Thank you, Speaker. Please let the record show that Representative Lyons is excused today."
Speaker Mautino: "Mr. Clerk, take the record. 111 voting 'present', the quorum is present and the House is prepared to do its business. Mr. Clerk."
Clerk Mahoney: "Committee Reports. Representative Rita, Chairperson from the Committee on Business & Occupational 09700026.doc 1 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 Licenses reports the following committee action taken on March 09, 2011: do pass Short Debate is House Bill 2023; do pass as amended Short Debate is House Bill 1125 and House Bill 1228. Representative Osterman, Chairperson from the Committee on Labor reports the following committee action taken on March 09, 2011: do pass Short Debate is House Bill 2987; do pass Standard Debate is House Bill 3237; do pass as amended Short Debate is House Bill 3428. Representative Ford, Chairperson from the Committee on Small Business Empowerment & Workforce Development reports the following committee action taken on March 09, 2011: do pass Short Debate is House Bill 2953. Representative Rita, Chairperson from the Committee on Tollway Oversight reports the following committee action taken on March 09, 2011: do pass Short Debate is House Bill 3118, House Bill 3319; do pass as amended Short Debate is House Bill 1884. Representative Holbrook, Chairperson from the Committee on Environment & Energy reports the following committee action taken on March 09, 2011: do pass Short Debate House Bill 1297, House Bill 1674, and House Bill 3248; do pass as amended Short Debate is House Bill 1487. Representative Jakobsson, Chairperson from the Committee on Higher Education reports the following committee action taken on March 09, 2011: recommends be adopted is House Resolution 96, Floor Amendment #1 to House Bill 1876; do pass Short Debate is House Bill 225, House Bill 1710, House Bill 1852, House Bill 3188, and House Bill 3320. Representative Howard, Chairperson from the Committee on Judiciary II-Criminal Law reports the following committee action taken on March 10, 09700026.doc 2 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 2011: do pass Short Debate is House Bill 298, House Bill 1253, House Bill 1689, House Bill 1708, House Bill 1928, House Bill 2100, House Bill 2912, House Bill 2935, House Bill 3238, House Bill 3285, House Bill 3417, House Bill 3503, House Bill 3506, and House Bill 3593; do pass as amended Short Debate is House Bill 1251, House Bill 1446 and House Bill 2067. Representative Bradley, Chairperson from the Committee on Revenue & Finance reports the following committee action taken on March 10, 2011: do pass as amended Short Debate is House Bill 1979. Representative Verschoore, Chairperson from the Committee on Counties & Townships reports the following committee action taken on March 10, 2011: do pass Short Debate is House Bill 1404, House Bill 1491, and House Bill 1511; do pass as amended Short Debate is House Bill 195, House Bill 248, House Bill 1526, House Bill 2101, House Bill 2974, and House Bill 3152. Representative Hernandez, Chairperson from the Committee on Aging reports the following committee action taken on March 10, 2011: do pass as amended Short Debate is House Bill 1426. Representative Jackson, Chairperson from the Committee on Armed Forces & Military Affairs reports the following committee action taken on March 10, 2011: do pass Short Debate is House Bill 3035; recommends be adopted is House Resolution 73 and House Resolution 103. Representative Soto, Chairperson from the Committee on Mass Transit reports the following committee action taken on March 10, 2011: do pass Short Debate is House Bill 3597; do pass as amended Short Debate is House Bill 2874. Representative McCarthy, Chairperson from the Committee on 09700026.doc 3 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 Personnel and Pensions reports the following committee action taken on March 10, 2011: do pass Short Debate is House Bill 144, House Bill 1872; do pass as amended Short Debate is House Bill 1447. Representative Yarbrough, Chairperson from the Committee on Housing reports the following committee action taken on March 10, 2011: do pass Short Debate is House Bill 3183. Representative Dunkin, Chairperson from the Committee on Tourism & Conventions reports the following committee action taken on March 10, 2011: do pass Short Debate is House Bill 3244. Representative McAuliffe, Chairperson from the Committee on Veterans' Affairs reports the following committee action taken on March 10, 2011: do pass Short Debate is House Bill 3273; do pass as amended Short Debate is House Bill 2875, and House Bill 3275, and House Bill 3315; recommends be adopted is House Resolution 102. Referred to the House Committee on Rules is House Resolution 162, House Resolution 164 and House Resolution 174."
"Page 8 of the Calendar… Mr. Clerk, what's the status of House Bill 1686? Mr. Clerk, read the Bill."
"House Bill 1686, a Bill for an Act concerning liquor. Second Reading of this House Bill. No Amendments. No Motions filed."
"Third Reading. On page 17 of the Calendar, Order of Resolutions, House Resolution 113, Representative Poe. The Gentleman from Sangamon, Representative Poe, House Resolution 113."
"Yeah. House Bill… Resolution… Mr. Speaker, Ladies and Gentlemen of the House, would… House Bill or House 09700026.doc 4 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 Resolution 113 would designate February 28 through March 6, 2011 as Illinois State Society Historical Marker Awareness Week and there's more than 400 markers around the state. You can go on the Internet and look at those sites. They're even GPS, so if you ever wanted to look up one of those you can do it. And we'd like to observe those in the State of Illinois. Thank you."
"The Gentleman moves the House adopt House Resolution 113. All in favor say 'yes'; opposed say 'no'. In the opinion of the Chair, the 'yeses' have it. House Resolution 113 is adopted. Representative Kay, House Resolution 131."
"Mr. Speaker, thank you. I'd like to address an issue which has become a fairly well-known problem in Madison and St. Clair County. The Belleville News-Democrat has reported for some time with respect to some inconsistencies in the Workers' Compensation system in Menard, Illinois. For you… those of you who do not know what has transpired down there, there has been instance of inconsistency with respect to arbitrators handling of claims, awards that are granted and recordkeeping with respect to same. HR31 (sic- HR131) seeks to determine if the Illinois Workers Compensation system is administered fairly and properly. In support of 31, I will… 131, I will just say this. We have 10 million… $10 million worth of taxpayer money awarded to workers' compensation claimants and that consists of 230 employees who have alleged injuries with respect to repetitive trauma for opening key locks on jail doors. Twenty-five percent of the arbitrators in the State of 09700026.doc 5 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 Illinois, in fact, are participated in the workers' compensation system and indeed, one of the arbitrators who is involved in receiving…"
"Ladies and Gentlemen, I would ask that you bring the noise level down within the chamber and give your attention to the Gentleman."
"Thank you, Mr. Speaker. And the very arbitrator who awarded $50 thousand to one of the claimants in the Menard scenario, in fact, has received that amount himself. In addition to that, the Workers' Compensation system has admitted… that is the commission has admitted that there have been 'uncontested settlements' in the information regarding to payments and settlements and relative paperwork is not in the state's database, which simply means nobody in the State of Illinois including anyone in this chamber nor the general public may look up awards with respect to those people at the Menard facility. Lastly, and maybe certainly not least, there is a scenario in Madison County one of my constituents brought to me and I think many of you have heard through the Belleville News-Democrat about this issue. And Mr. Speaker, if you would indulge me for just one minute, I would like to read into the record maybe one of the more compelling reasons that we bring this action for audit of the comp system to you today. The letter is dated 14 February 2011 and it reads as this, with respect to HR52, Workers' Compensation audit and it reads as follows: Dear Representative Kay, My name is Kimberly Schlau. In November 2007, an Illinois State Trooper, Matt Mitchell, killed my two daughters Jessica and Kelli Uhl. He 09700026.doc 6 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 was driving in excess of 120 miles an hour, weaving in and out of heavy traffic on the day after Thanksgiving en route to an emergency call that was already being handled by other first responders. Because of the excessive speed and because Mr. Mitchell was engaged in other activities while driving including speaking on his personal cell phone, he lost control of his vehicle, crossed the median and struck my daughters' car killing them. Mr. Mitchell resigned from the Illinois State Police in April 2010 after pleading guilty to four felony counts resulting from this crash. He received 30 months of probation and his driver's license was suspended for 24 months. As I am sure you are aware, Mr. Mitchell has now applied for workers' compensation claiming that his injuries received in the crash prevent him from continuing to serve as an Illinois State Trooper. I have written Chairman Weisz to express my extreme displeasure in the way that arbitrator Teague handled this case specifically hiding… hiding the hearing from the public. If she was uncomfortable with the case and the media frenzy, she should have recused herself instead of holding a hearing on the sly. The family of Jessica and Kelli Uhl did not have a choice to avoid the media frenzy and all the court hearings involving the civil and criminal matters were available to the public and to the media. I have implored him to take necessary steps to ensure that this does not happen in the future and that this disciplinary action be taken against arbitr… excuse me… and that action taken against arbitrator Teague happen quickly. I am encouraged that you have filed House Resolution asking 09700026.doc 7 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 for a complete audit of the workers' compensation system. If there is anything I can do to help, please let me know. As a taxpayer, I do… as a taxpayer, anything I can do to assist you in furthering this case will be my pleasure. I am a taxpayer and I also don't appreciate the actions of the Illinois Workers' Compensation employees. Sincerely, Kimberly Schlau. If we fail, Mr. Speaker, in small matters of workers' compensation, we fail in the large ones likewise. Therefore, I suggest that we approve HR131, which asks for an audit of the entire Workers' Compensation program. Thank you. And thank you, Mr… who represented me in pushing this matter forward in picking up this Bill, which I think is a miserere. I think is very serious and needs to be handled."
"Happy to join you as a Sponsor. The Gentleman from Morgan, Representative Watson."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Every once in a while we do some big things here that don't get much notice, but I would just like to say that it's not every day on the House Floor that a freshman Republican gets to carry a Resolution from the Speaker of the House and on a serious matter. Mr. Speaker, if we could have some order."
"I'd ask the Members of the House to please bring the noise level down. Mr. Watson, continue."
"This is a big… this is a big, big issue that affects all of our various constituencies. The only way we address it effectively is the way that Representative Kay and Speaker Madigan and Leader Cross by encouraging 09700026.doc 8 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 Representative Kay to come out today, is by this type of cooperation. We've got lots of big issues; this is one of them. And I commend both of these Gentlemen for showing the leadership on this."
Speaker Mautino: "Further discussion? The Gentleman from DuPage, Representative Ramey. The Gentleman from St. Clair, Representative Holbrook."
"Thank you, Speaker. On House Resolution 31 (sic- 131), if we ever expect to have any integrity to the system on our workmen's comp, this Bill… this needs to be done, this Resolution. We need a housecleaning by the Auditor General on the facts. We need to know what the facts are, and this is long overdue. I would urge everyone to vote 'yes' on this House Resolution."
Speaker Mautino: "The Gentleman from DuPage, Representative Ramey. Out of the record. Excuse me. Mr. Clerk, do not take the Bill out of the record. Mr. Ramey's not seeking recognition. This House Resolution 131 will require a vote. And there is a Motion the House do adopt House Resolution 131. 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 Lang, Phelps, Reitz, Sente, do you wish to be recorded? Mr. Clerk, take the record. 111 voting 'yes', 0 voting 'no', 0 voting 'present', the House Resolution 131 is adopted. The Gentleman from DuPage, Represe… from DuPage, Representative Nybo is seeking recognition."
"Thank you, Mr. Speaker. I rise on a point of personal privilege." 09700026.doc 9 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"State your point, Sir."
"Mr. Speaker, if I can have the attention of the Body. I have a group down here from my district, in the 41st District. They are down here with Pastor Mark Julian from the Westchester Christian School. And I'd like to extend them a warm welcome to the House of Representatives. I had an opportunity to meet with them this afternoon and if they would stand and please be recognized. If everyone could please welcome them to Springfield. Thank you."
"Welcome to the House of Representatives. On page 13 of the Calendar, under House Bills-Third Reading, appears House Bill 220, Representative Franks. Mr. Clerk, read the Bill."
"House Bill 220, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Representative Franks."
"Thank you, Mr. Speaker. This is a very important Bill and I want to thank all those that worked on it: Senator Dillard in the Senate, Representative Burns filed a very similar Bill and mine was amended to be much more similar to his as he had some very good ideas. This Bill was editorialized yesterday in the Chicago Tribune where it talked about the necessity to stop the dangerous doctors and how shocking it is to learn that doctors, who are convicted of sex crimes against patients, don't automatically and permanently lose their license to practice medicine in Illinois. This Bill will fill that egregious loophole, and it will be for all medical providers. There may be additional Amendments in the 09700026.doc 10 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 Senate. They're working to get an agreed Bill along with Senator Dillard, but I'd be happy to answer any questions."
"Gentleman moves passage of House Bill 220. No one seeking recognition, the question is, 'Shall this Bill pass?' Excuse me. The Gentleman from DuPage, Representative Reboletti."
"Thank you, Speaker. Will the Sponsor yield?"
"He indicates that he will."
"Representative, in committee we talked about the actual process for what would happen if you were in this situation and the doctor was arrested. What happens now and is there due process for the person as the case proceeds?"
"Well, right now, there's a lot of discretion by IDFPR, and that's why, for instance, doctors who have been convicted of sex crimes are still practicing medicine. This would take away the discretion of IDFPR, but there's certainly due process because one needs to be convicted first for this to kick in, not merely arrested. There has to be a conviction."
"I just wanted the Body to know that. And I support your legislation. 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 voted who wish? Have all voted who wish? Have all voted who wish? Representative Arroyo, do you wish to be recorded? Mr. Clerk, take the record. 111 voting 'yes', 0 voting 'no', 0 voting 'present', the House Bill 220 is declared passed. House Bill 279, Representative Flowers. Out of the 09700026.doc 11 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 record. House Bill 1084, Representative Mussman. Out of the record. House Bill 1096, Representative Feigenholtz. Representative Feigenholtz, 1096. Mr. Clerk, read the Bill."
"House Bill 1096, a Bill for an Act concerning health facilities. Third Reading."
Speaker Mautino: "The Lady from Cook, Representative Feigenholtz."
"Thank you, Mr. Speaker. House Bill 1096 amends the Nursing Home Care Act, and it provides that a skilled nursing facility should have a person designated on staff as an infection prevention control professional. I'd be glad to answer any questions. There was no opposition to the Bill and no extra cost."
"The Lady moves passage of House Bill 1096. 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 Crespo, Representative Flowers. Mr. Clerk, take the record. 111 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 1096 is declared passed. Representative Phelps… Representative Phelps, the House Bill 1170. Out of the record. Representative Acevedo, House Bill 1294. Out of the record. Representative Flowers, House Bill 1478. Out of the record. Representative Lang, House Bill 1489. Mr. Clerk, read the Bill."
"House Bill 1489, a Bill for an Act concerning State Government. Third Reading of this House Bill." 09700026.doc 12 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
Speaker Mautino: "The Gentleman from Cook, Representative Lang."
"Thank you, Mr. Speaker. Ladies and Gentlemen, this is a cleanup Bill in regarding the Illinois Health Facilities Planning Act. Currently, under the law, the public has until 10 days before the meeting of the board to provide written comments. This would certainly allow the petitioner to do so as well."
"The Gentleman has moved passage of House Bill 1489. No one seeking recognition, all in favor will vote 'yes'; opposed will vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Cavaletto, Representative Soto, do you wish to be recorded? Representative Soto. Mr. Clerk, take the record. 109 voting 'yes', 2 voting 'no', 0 voting 'present', the House Bill 1489 is passed. Representative Pritchard, House Bill 1524. Mr. Clerk, read the Bill."
"House Bill 1524, a Bill for an Act concerning health. Third Reading."
Speaker Mautino: "The Gentleman from DeKalb, Representative Pritchard."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, this is a fairly easy cleanup Bill that adds qualified examiners to the list of persons who may testify in person at a hearing for involuntary admission of an inpatient or outpatient basis. It's an initiative of the Illinois Association of Marriage and Family Therapy. I would ask for your support." 09700026.doc 13 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"Gentleman has moved passage of House Bill 1524. And 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 Jerry Mitchell, Representative Davis. Representative Will Davis, do you wish to be recorded? Mr. Clerk, take the record. 111 voting 'yes', 0 voting 'no', 0 voting 'present', the House Bill 1524 is declared passed. Representative Lang, House Bill 1527. Read the Bill."
"House Bill 1527, a Bill for an Act concerning State Government. Third Reading of this House Bill."
Speaker Mautino: "The Gentleman from Cook, Representative Lang."
"Thank you, Mr. Speaker. This is a Bill that came to me from the office of the Comptroller. It would allow her and the Department of Revenue to enter into a reciprocal offset agreement with the United States Department of the Treasury for offsetting various fees and taxes owed to the Federal Government and the State of Illinois. The Department of Revenue estimates this could mean as much as $10 million to our state. I know of no opposition."
"The Gentleman moves passage of House Bill 1527. No one seeking recognition, the question is 'Shall this Bill pass?' All in favor vote 'yes'; opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. 111 voting 'yes', 0 voting 'no', 0 voting 'present', the House Bill 1527 is declared passed. 09700026.doc 14 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 Representative Lang, you also have House Bill 1528. Mr. Clerk, read the Bill."
"House Bill 1528, a Bill for an Act concerning controlled substances. Third Reading of this House Bill."
Speaker Mautino: "The Gentleman from Cook, Representative Lang."
"Thank you, Mr. Speaker. Ladies and Gentlemen, House Bill 1528 comes from the Illinois Medical… State Medical Society and this would allow for the electronic use of prescriptions and it mirrors federal rules. The purpose of the Bill is to put us in compliance with Federal Law."
"The Gentleman moves passage of House Bill 1528. No one seeking recognition, the question is, 'Shall this Bill pass?' All in favor vote 'yes'; opposed vote 'no'. Voting is open. Representative Rita wish to be recorded? Representative… does Representative Rita wish to be recorded? Mr. Clerk, take the record. 111 voting 'yes', 0 voting 'no', 0 voting 'present' and House Bill 1528 is declared passed. Representative Chapa LaVia, House Bill 1537. Read the Bill."
"House Bill 1537, a Bill for an Act concerning veterans. Third Reading."
"The Lady from Kane…"
"Thank you, Speaker and Members of the General Assembly. This is my first Bill of the year, so I say that woodchuck. And what it does it repeals the statutory provision on creating a task force on veterans' exposure to hazardous material and reporting requirements. We have not done anything with this committee for awhile and being on 09700026.doc 15 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 the Audit Commission, they… Department of Veterans' Affairs has been getting dinged on it. So, we just want to remove it off the books. Thank you very much."
"The Lady moves passage of House Bill 1537. And the Gentleman from Champaign, Representative Rose is seeking recognition."
"Thank you. Will the Lady yield, please?"
"She indicates she won't. She says yes."
"Thank… thank you, Mr. Speaker."
"What's woodchuck?"
"Good try. What's woodchuck?"
"Aardvark."
"Yeah. Have you ever been out snipe hunting, Representative? A… in all seriousness, Representative, something I'm looking for in all these task forces and I know the problem with task force, but I would like to see Amendments that make sure that they're not going to be reimbursed for… for travel, lodging, things of that nature."
Chapa LaVia: "Oh, yes. To… this didn't even meet, Representative Rose. So, it was something that was brought out a couple of General Assemblies ago in '08 and they never had the ability to put it together. And it was from a constituent complaint and it was one complaint in the state. So, they felt it… that may…"
"So, this is removing the reference to the task force?"
Chapa LaVia: "Yeah. No, we're removing the exposure and hazardous material task force off the books for the Veterans' Affairs Department, so they're not getting…" 09700026.doc 16 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"So, we're not creating a task force?"
"No, not creating. I'm repealing it."
"All right. Very good."
"Thank you."
"All right. Thank you."
"The Lady has moved passage of House Bill 1537. 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 Phelps, Representative Mitchell, Jerry. Mr. Clerk, take the record. 111 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 1537 is declared passed. Representative Beiser, House Bill 1541. Read the Bill."
"House Bill 1541, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Representative Beiser."
"Thank you, Mr. Speaker, Members of the House. House Bill 1541 amends the Highway Code. It allows a unit of local government to recover the cost of repair or replacement of damaged or destroyed roadway property. Currently, the state has that ability, but the current law is silent on the local government's ability to do so. So that's what this does. It allows them to recover those costs. It's a… a… backed by the county engineers, the Municipal League, and township officials. I'd ask for a favorable vote."
"The Gentleman moves passage of House Bill 1541. And on that question, the Gentleman from Champaign, Representative Rose." 09700026.doc 17 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates that he will."
"Representative Beiser, who exactly are you recovering these costs from? Unfortunately on our analysis is a little… it doesn't indicate that."
"If I…"
"It just says you're recovering costs."
"Chapin, if I heard your question, is who is we recovering costs from?"
"Correct."
"The person that makes the actual damage. So, in other words, if I'm driving down the street, I run over a stop sign. The state can currently ask me to replace that at my cost or my insurance cost…"
"So, for the township stops, on the guy that runs over the stop sign, you go after them for the cost of…"
"Yes."
"Okay. Very…"
"Or they'll be getting a (unintelligible)."
"Thank you… thank you. It sounds like a very good… you've got very good legislation. I look forward to supporting it."
"The Gentleman moves passage of House Bill 1541. The question is, 'Shall this Bill pass?' All in favor vote 'yes'; opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Crespo, Feigenholtz, Mell, Nekritz, do you wish to be recorded? Mr. Clerk, take the record. 111 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 09700026.doc 18 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 50… 1541 is declared passed. Representative Nekritz, on the Calendar appears House Bill 1542. Read the Bill."
"House Bill 1542, a Bill for an Act concerning government. Third Reading of this House Bill."
"The Lady from Cook, Representative Nekritz."
"Thank you, Mr. Speaker. House Bill 1542 has to do with statements of economic interest that are filed by those participating in local governments that are filed with the county clerk's office. The law, right now, mandates that they be filed… if there is an Internet option available, it mandates that the loc… that the local official file electronically. This would give them the option of also filing on paper."
"The Lady's moved passage of House Bill 1542. And on that question, the Gentleman from Champaign, Representative Rose."
"Thank you, Mr. Speaker. Will the Lady yield?"
"Yes, she will."
"Thank you. Representative Nekritz, it looks like a… it looks like a very good Bill on the front end that would save local communities from having to implement the mandatory requirement…"
"Mr. Speaker, I can't hear a word the Gentleman is saying."
"I'd ask the Members of the House to please bring the noise level down. Staff is having some conversations. Please take them to the back and allow for proper debate."
"Thank…" 09700026.doc 19 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"Representative Rose."
"Thank you, Mr. Speaker. We will attempt to be proper. Representative Nekritz, and at first glance, this looks like a very good Bill that will help our local communities and you're going to give them permissiveness as opposed to mandatory, so from… the local property taxpayers it would not be an unfunded mandate on them. Are we able to do this with our state systems? Can we file online with the state systems?"
"File electronically?"
"Yes."
"Not right now."
"'Cause I think that would be something we should look at. It would seem that that'd be a cost saving to the Secretary of States Office index division, if we could do that. Has there been any talk about that for the state?"
"All right… I… you know, this came from actually the local clerks."
"Sure."
"So, they would not be interested in what we do at the state level."
"Well, I appreciate your answer. I look forward to supporting the Bill, but it would seem that, frankly, from our end it would be a lot easier from the state side since we could have one online repository as opposed to having to have an index division…"
"Yeah."
"…to collect these things manually." 09700026.doc 20 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"I will say, Representative, that from a very personal perspective, you know, I file exhibits to my statement of economic interest and it would… I would want to make sure that we have a mechanism in place if we do that at the state level…"
"Sure."
"…to make sure that those exhibits get included."
"Very good. Well, I'm glad you brought this forward and look forward to saving the local taxpayers some money."
"Thank you."
"The Lady has moved passage of House Bill 1542. All in favor will vote 'yes'; opposed will vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Brauer, do you wish to be recorded? Mr. Clerk, take the record. 111 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 1542 is declared passed. House Bill 1547, Representative Monique Davis. Representative Davis, do you wish to call House Bill 1547? Mr. Clerk, read the Bill."
"House Bill 1547, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"The Lady from Cook, Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. This House Bill creates a commission to end the disparities facing the African- American community. It provides that the commission shall consist of 24 members. It sets… it sets forth the appointment of the members and it provides that, by January 1 of 2013 and every January afterwards, the commission will 09700026.doc 21 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 report to the Governor and General Assembly on the disparities facing African Americans in the area of education, health care and health care services. And I ask for your support."
"The Lady moves passage of House Bill 1547. And on that question, the Gentleman from Jasper, Representative Reis."
"Thank you, Mr. Speaker. Will the Lady yield?"
"She indicates that she will."
"Representative, our analysis show the commission membership makeup and I just wanted to ask why the disparency between the Majority Caucus and the Minority Caucus. The Senate President gets to appoint 6, the mi… the Senate Minority Leader only gets to appoint 3 and the same thing in the House." Davis, M.: "You know, I really don't know except maybe you don't have any minorities over there. I mean, we don't intend to create another disparity."
"Well, I think that's what you're doing with your Bill. Your Bill's called end disparities, but yet you have the Senate Democrats have 6, the Republican Senate Members have 3, the Senate House… or the House Democrat Members have 6 and we have 3. That's disparity in itself." Davis, M.: "6 Members appointed by the President of the Senate, 3 Members appointed by the Senate Minority Leader, 6 Members appointed by the Speaker of the House and 3 Members appointed by the House Minority Leader."
"Yeah." 09700026.doc 22 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 Davis, M.: "I think the reason is you guys don't any African Americans in the House of Representatives, you don't have any African Americans in your Senate. You don't have any in your caucus."
"Representative, we still represent five and a half million people and why is there a disparity on the commission. It makes no sense." Davis, M.: "Well, we can add you in the Senate, if that's what you like."
"I think you should pull your Bill out of the record and make this…" Davis, M.: "No."
"…a truly bipartisan commission." Davis, M.: "I'm sorry. I don't want to pull it out of the record, Sir. I appreciate your comments, but I really don't want to do that."
"Don't you find it that that's a complete opposite of what you're trying to achieve with your commission? I mean, we all have minorities in my district. And yet, and you all, it's not Members of the General assembly. You say that we don't have any minorities on our side. It's members of the public. So, the members of the public are the ones that are really not being treated fairly here because it's not necessarily Members of the General Assembly." Davis, M.: "Well, you know, I know how… I'm understanding how you must feel. You know, if you have people that you would like to add to this and you can only add 3 members, you're asking that you be allowed to add another 3 members and 09700026.doc 23 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 that the Senate Majority… Minority Leader be allowed to add another 3 Members?"
"Yes, Ma'am." Davis, M.: "Do you feel that your Minority status in the House is equal to the Majority status in the House?"
"Representative, the title of your Bill is ending disparencies (disparities). We represent five and a half million people. Surely, you can have the commission with an equal makeup." Davis, M.: "Well, what we did really was copy some other information and this is… I mean, this is what we chose to do and I apologize if you don't… you don't think it's fair. We can consider changing it in the Senate, but today I'd like my Bill to pass."
"Thank you, Representative."
Speaker Mautino: "Further discussion? The Gentleman from Champaign, Representative Rose."
"Thank you. Will the Representative yield, please?"
"She indicates that she will."
"Representative, how are you this morning… afternoon?" Davis, M.: "Very well. How are you, Sir?"
"Good. I… due to the fiscal situation of the state, is this task force going to be eligible for reimbursement, travel reimbursement? It's that same question I just asked a previous Sponsor on a different Bill." Davis, M.: "If you look on Section 3, line 4, you will find that this commission is not to be compensated. However, for expenses that may be incurred, they may request reimbursement." 09700026.doc 24 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"And I will… I'll tell you where personally for me, and I can't speak for anyone else, I previously voted against Bills that didn't remove the expense reimbursement clause because you could… you could have a meeting in Hawaii for all we know then submit a travel bill. I'm not suggesting that's what would happen here, but whatever would happen would be a cost to the state. We can't pay school systems… In fact, earlier today I had a conversation with a Member on your side of the aisle who has told me that she will amend her Bill in the Senate to remove the expense clause which is why I'm going to vote for it. But I'm not in a position to create a task force when we can't pay school districts and reimburse expenses and that just means speaking for me. So, I would ask you if you would agree to remove the expenditure clause from this." Davis, M.: "Well, I don't believe that there will be any large expenses that have to be incurred. I believe that people hold their meetings in the State of Illinois building or if people hold a meeting in a public library, there's absolutely no cost associated with that."
"Right." Davis, M.: "There… there…"
"But what if they hold… what if they hold their meeting in…" Davis, M.: "Hawaii?"
"…Cairo and the Chicago folks have to travel to Cairo…" Davis, M.: "There's… there's…" 09700026.doc 25 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"…and what happens if they have a meeting in Chicago and the Cairo folks have to travel to Chicago. They'll be expenses." Davis, M.: "There's no line in this Bill that says you have the opportunity to travel. It does not say that."
"Except that you will… you…" Davis, M.: "All… all they will…"
"…but you will be reimbursed for actual and necessary expenses in the performance of their official duties." Davis, M.: "The only expense that I could ever think of might be a photocopy of something, but I don't see any people attempting to travel."
"Well, mileage." Davis, M.: "The information we need may be on the Internet. The information…"
"Well, but…" Davis, M.: "…that we need may be with a body in this Body, an agency that already exists."
"But… but… but Representative…" Davis, M.: "And this group would simply ask for that information…"
"If Leader Cross appoints a professor at the University of Illinois to this commission and that professor travels to Chicago and submits a travel reimbursement for mileage, that's going to be reimbursed under the way this is written. All I'm asking, and listen, I can't speak for anyone else here, but I took the same position last week on another Bill where I didn't vote for it because we're broke. We can't keep expending… we can't pay teachers, but 09700026.doc 26 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 we're spending money for travel reimbursements on brand new commissions. Let me get to a second point. We may agree to disagree on that, but… To Representative Reis's point, Representative Davis, these commissions that we do historically have been equal in nature. I know the ones that I've run I've never tried to make them unequal. I've always given, you know, your side of the aisle the same amount of appointments as our side of the aisle. I, personally, speaking for me, think it's silly not to just make it equal. I mean, if we're going to have a commission and to be quite honest with you, to say otherwise would be to assert that minorities in my district aren't as qualified to be on this committee as folks in your district. And I, you know, I would dispute that. I would urge you, whatever happens here today, when it gets to the Senate, I would personally ask you, as a matter of fundamental fairness we've always done these as an equal representation before, I would suggest that, but even then I probably won't vote for it because for me, personally, I was in a position, I'm not going to pay any of these commissions that have travel reimbursement. We're broke, so I appreciate you listening, Representative."
"The Lady has moved passage of House Bill 1547. And no one else seeking recognition, 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 Harris, Mitchell, Pritchard, do you wish to be recorded? Mr. Clerk, take the record. 85 voting 'yes', 26 voting 'no', 0 voting 09700026.doc 27 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 'present', House Bill 1547 is declared passed. Representative Sente, House Bill 1553. Read the Bill."
"House Bill 1553, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"Representative Sente."
"Thank you, Mr. Speaker. House Bill 1553 is a feel good piece of legislation that came to me from my local police chief. Right now, when law enforcement obtains property as part of a crime, they keep the property for six months to ascertain the rightful owner. If they cannot locate the owner within six months, they're required to sell the property via public auction. However, small items under $100 such as clothing and bedding can't be easily disposed of via auction, so currently local police departments are destroying the items after six months. This law will allow the department to donate the property of lesser than $100 to an Illinois charitable organization. I'm happy to take questions."
"The Lady has moved passage of House Bill 1553. No one seeking recognition, the question is, 'Shall this Bill pass?' All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Colvin, Representative Rita. Mr. Clerk, take the record. 110 voting 'yes', 1 voting 'no', 0 voting 'present', the House Bill 1553 is declared passed. Representative Sente, on page 14 of the Calendar is House Bill 1554. Read the Bill." 09700026.doc 28 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"House Bill 1554, a Bill for an Act concerning liquor. Third Reading of this House Bill."
"Representative Sente."
"Thank you, Speaker. House Bill 1554 is a social hosting of underage drinking party. You may recall we increased the penalty a few years back with Representative May and Senator Garrett's Bill. This Bill expands who can host an underage drinking party and where they can have such a party. So, it also includes the use of illicit drugs. It includes protection for the person hosting the gathering. They can call the police to ask the gathering to be removed or they can tell the individuals to leave their house. I'm happy to take questions."
"The Lady has moved passage of House Bill 1554. And on that question, the Gentleman from DuPage, Representative Reboletti."
"Thank you, Speaker. Will the Sponsor yield?"
"She indicates that she will."
"Representative, did you have a chance to get ahold of the Lake County State's Attorneys Office…"
"I did not."
"…for some clarification? I know that you and I talked about some of my concerns and Representative Zalewski's concerns about the language. Is that something that you'll be communicating to the Senate Sponsor, whoever that may be, from Lake County?"
"I didn't hear the last part of your statement." 09700026.doc 29 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"If you would be willing to communicate some of our concerns about the language to the Senate Sponsor when it goes over to the Senate."
"Sorry. I really… I still didn't really hear your question, but I was thinking about Art…"
"I would ask that… Representative… I would ask the Members to please bring the noise level down, so that the Members can hear the debate. Staff, take your conversations to the back. Representatives, if you're having meetings, please take them to the backrooms."
"Thank you, Speaker. Representative, when we had our conversation with myself and Representative Zalewski we were talking about our concerns of the language of permits and reasonably should have known and I know that your state's attorney drafted that language for your communities and I know that you have not been able to get ahold of him and I know there were still some concerns that that language is sufficient or if it's too vague. And so, would you make sure that you advise the Senate Sponsor of those issues and you'll promise to work with them, if there has many changes, you'll bring it back or ask them to… a deal… address it… address it in the Senate?"
"I will do that if the Senate Sponsor feels that that has sufficient issue. We were discussing it subsequent to our conversation and really part of the words with permits and allows, as we're thinking, is that this is really a question of fact for a judge or jury to determine and that intent and awareness part of the facts of the case should be… would be discussed and I think whether allows is met 09700026.doc 30 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 would be determined within the case. And so, I'm not sure that I have that many concerns about this issue, but I would bring this to the Senate Sponsor's attention."
"Well, I would appreciate that because words mean things in the statutes and when people are prosecuting these cases or defending these cases, they have to be… somebody has to determine what those words mean."
"Yes."
"And I understand what you're trying to do. I understand that you've had issues in your district; we've had some similar issues in my district. And I know that not only is it permitting underage people drinking in a home, but you and I were talking about how you could allow underage parties in a warehouse or a place of business. So, I do support your legislation and I appreciate you bringing that to the Sponsor's attention in the Senate. Thank you."
"Thank you."
Speaker Mautino: "Further discussion? The Gentleman from Jackson, Representative Bost."
"Thank… thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates that she will."
"Representative, I think I'm going to support the Bill. I just need to find out some information here, if I can. And the main problem is is I'd like to be able to hear, but that's maybe why people as they get older they go to the Senate because you can't hear over here any more. Now, what proof has to occur… yeah, I mean, it says permits, allows or hosts. How do we know that someone is actually… I mean, if they've done that, they need to be punished, but how… 09700026.doc 31 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 what proof is out there… how do we know that for a fact that they've allowed this to occur in their home?"
"So, one thing this Bill does not say is the individual does not have to be present, but they would have to reasonably know that this is occurring. So, for an example, they would see a keg walk through their house to go down to the basement."
"Right."
"A neighbor may call and notify them that they feel like something's occurring in their home or at the location they're controlling. That would be a few examples."
"Okay. All right. So, you have a… is there an incident specifically that you're… that a constituent where this took place and…"
"Yes. Underage drinking in my area in Lake County has become an epidemic."
"As it has in most of ours, yes."
"Absolutely. The Hutsell case in Deerfield, which prompted the original May-Garrett Bill where the parents knowingly had underage drinking happening at their home, was the original impetus for both that Bill and this Bill. And so, that… in that Bill we increased the penalty and this one we're increasing responsibility for other individuals as well as if it takes place out of the home. And so, 28 communities in Lake County have already adopted this ordinance."
"Okay."
"It is an initiative…" 09700026.doc 32 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"So… so, it's not just in the home. It's like, if in my area where you've got several acres, if you're allowing this to occur on the back 40 where the pond is, then you're still in violation, correct?"
"Right now, it's residence and hotels. Now, it can be in a park, outside, in a car, for example, yes."
"Okay."
"Anywhere outside in a public or private place."
"What… Let me ask this, then. I mean, it's already a violation if someone knowing… goes and buy… purchases the alcohol for them. That's already a violation. So, and that's where you said about the park. If it's my property, it's one thing, but if there'll… they went across the street to a park and…"
"So, one individual has to be the host…"
"Oh, the host. Okay, I understand."
"…and control this gathering."
"Oh, I see."
"If a bunch of individuals come together and they're underage drinking and they each bring their own alcohol, this Bill does not address that."
"Okay. All right. Thank you very much."
"Further discussion? The Gentleman from Cook, Representative Durkin."
"Will the Sponsor yield?"
"She indicates she will."
"Representative, will I be prohibited from allowing one of my children who's 19 or 20 years old from having a drink with me inside my house knowing full well they're not going 09700026.doc 33 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 to leave. They're going to go to bed, but I'm going to allow them to have a glass of beer or a glass of wine."
"Did you say just your child?"
"Yes."
"Correct. That is not… that is not a problem…"
"Well, is that…"
"…and is not changed by this law."
"…but… does that mean it's a law already allowed for th… under those limited circumstances. Is that written in this Section that that's an exemption from the enforcement under this statute? Is that already… is that written in the statute that that's an exemption?"
"Correct."
"It is?"
"Yes."
"All right. All right. Now, here's the one thing I… I'm not trying to be funny, but I'd like to know how would one be indirectly be injured… and we say here where a violation of this subsection directly or indirectly results in great bodily harm. How would one indirectly inflict bodily harm through the… allowing one of these parties to take place or allowing alcohol to be consumed on their premises?"
"Is the question how would there…"
"Indirectly."
"…be indirect bodily harm?"
"Indirectly. How is… Give me an example of what would be an indirect cause of the injury?"
"Perhaps… running through the… the underage drinker leaving the home, running through a red light, not hitting 09700026.doc 34 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 the other car, but causing them to swerve. That would be indirectly. And then hitting a building and getting in an accident would be an example."
"As opposed to a direct cause."
"Crash, yes."
"Seems to me they're both the same. One of the things you've got to be careful about, when you are now making this a Class IV felony, is that someone's going to have to decide what is the distinction between an indirect and a direct injury, but more importantly in criminal cases it has been established for decades and for centuries that you need to have a mens rea, a specific intent and you're saying that in here you don't re… we're not requiring that. So, we're saying that bo… the mental state doesn't have to be intentional or actually, an intentional mental state and a nonintentional mental state are going to be treated the same. I'm a little confused with the way it's drafted and I think it's going to be problematic if someone is going to be using this statute when you do have this language about an indirect injury. So, I know what you're trying to do. I su… I will support it, but I really want you to think hard, if this passes out of the House, to do something with that Section to avoid the confusion that will be at the hands of police and prosecutors if, for some unfortunate reason, they're forced to have to look at this statute and charge someone. Will you… I mean, I'll pass… I'll help you support the Bill today, but you need to work on it with whoever's going to pick it up in the Senate to resolve that question, okay?" 09700026.doc 35 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"I appreciate that comment."
"All right."
Speaker Mautino: "Further discussion? The Lady from Cook, Representative Mulligan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"Representative, don't you feel there are enough laws on the books now that you don't have to expand this and make it even more punitive?"
"Absolutely not, Representative. With all due respect, underage drinking is an epidemic in our area."
"Do you have any teenage children or have you had any teenage children?"
"I have teenage niece and nephew and this is a dramatic problem for them."
"I cannot hear her, Sir."
"I would ask the Members to please bring the noise level down. Shhh."
"I asked if you've had any teenage children or have any teenage children?"
"I do not have any teenage children. I have a niece and nephew who are teenagers that I'm extremely close with."
"It's a little different than living in the same house with them and walk… going out for the evening and coming home and finding out that your kids have had a party. I've served on a task force in our area on this and even the police chief's kid has had a party when he wasn't home."
"Sure." 09700026.doc 36 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"So, I don't know how you can go along with this and expand this law in the way that you're doing it. I think it's kind of self-serving and a little bit over the top, quite frankly. Would you please have your staff find out where it is cited in the law that it's all right to have a drink in the house with your child, which I think was passed last year, but I'd like to have reference to the statute on the question that Representative Durkin asked you? You answered yes, but I'd like to… where… where in the statute."
"Just one moment. Representative… Representative, I can't find that right now. I read this from cover to cover this morning. I know it is in here. It is in for… anything that takes place in a residence right now for an indivi… a parent with their own children in their house is exempt, for a religious circumstance is exempt, for having other individuals in your residence that are underage drinking is already covered by this law. That is not what my law deals with today. It is in the Liquor Control Act today…"
"Well, you answered yes…"
"…what you're asking."
"…that you knew it was there and so, obviously, you don't have it in your background, but I've had teenage sons and I've served on the task force in our area which was quite large on this particular issue and I think your Bill is not really on point."
Speaker Mautino: "Further discussion? The Gentleman from McHenry, Representative Franks." 09700026.doc 37 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"To the Bill. I stand in support of this Bill as most of the other speakers have. I'd just like to talk about some of the courtesies we extend others on the House Floor. I think we should be debating the Bill on its merits and not debating on whether someone does or does not have a specific life experience. I find it incredibly insulting, incredibly tone deaf, incredibly rude to suggest that someone doesn't understand simply because they don't have a certain situation in their life. I'm hoping that we leave that kind of debate off the House Floor, look at the Bill and knock off the personal attacks. I encourage an 'aye' vote."
Speaker Mautino: "Further discussion? The Gentleman from Champaign, Representative Rose."
"Thank you. Will the Sponsor yield?"
"She indicates that she will."
"Representative, is this the Bill you talked to me like 10 minutes ago?"
"Yes."
"And I'm sorry we didn't have a whole lot of time to look at it. I do appreciate you reaching out to me and I… Can I just ask you one quick question about this? How would a… would a lessor… 'cause it starts off it's one sentence it says occupies the premises, but the next says controls the premises. So, if I lease my property, I'm a landlord, and I lease it and then somebody has a party, am I now on the hook for this?" 09700026.doc 38 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"When we're referring to the word 'controls', we're speaking in terms of having control of the gathering not the premises. So, we're…"
"And I… Okay. I… First of all, I appreciate you reaching out to me. I… I'm not sure that that's exactly how it's worded. I just… I just read it though as we're sitting here and to this… it's… someone who permits the party to occur, but then it goes on and says have a reason… and those or reasonably should have known which living in a college town… Have you… have you… I mean, I can make the argument in a college town that if I lease a property to a college kid, I reasonably should have known that beer would be consumed there at some point in time. And that's the reality of a college town. I guess, here's my request, Representative. Could we tighten down this definition in the Senate?"
"Representative…"
"Could we tighten down this definition in the Senate a little bit?"
"I feel that it's clear in this Bill, Representative. And so, it does apply to the person who has possession or control of that building."
"Who's the… Well…"
"Representative, this Bill was…"
"…it… but in page 8 line 20 it says residence or controlling the private property, public place or premises knows or reasonably should have known was then… I understand how you're saying you drafted it in the top part there to go to the permit, the party to go on. But then 09700026.doc 39 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 later on it says knows or reasonably could have known, and Representative, again, I appreciate the fact you reach out to me. Unfortunately, the Bill got called before I had a chance to look at it in great detail, but could we work on this in the Senate to tighten that down?"
"I would be open to that, but I wanted to clarify with you, Representative, that I did not write this Bill. The state's att… Lake County State's Attorney, Mike Waller, wrote that."
"Oh."
"So, this was written by an attorney."
"Well, okay."
"Just offering that."
"I'll be… I've had a lot of state's attorneys write a lot of Bills and it doesn't mean we don't need to work on them. So, I appreciate the fact that State's Attorney Waller has written the Bill. I… I, again, I just… I probably… if we can't get a commitment to tighten down the definition… I got no problem with what you're trying to do. To tighten it down, the definition in the Senate, there is a possibility that anybody who reaches this to a…"
"I will definitely…"
"In the beginning, on page 9 where it says controlling the private property, knows or reasonably should have known and that's different than the permit conduct that you were talking about a minute ago."
"You're correct. And that's why I didn't clarify your point."
"Okay." 09700026.doc 40 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"So, I am willing to work with the Senate Sponsor on this."
"Okay. Thank you. That's all I wanted to hear."
"The Lady has moved passage of House Bill 1554. No one seeking recognition, Representative Sente to close."
"What I'd like to end with is, I am serve on my underage drinking task force in Lake County. Underage drinking is an epidemic, and it's a problem in all our areas. I encourage your 'aye' vote."
"The Lady moves passage of 1554. 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 Cole, do you wish to be recorded? Mr. Clerk, take the record. 106 voting 'yes', 4 voting 'no', 0 voting 'present', House Bill 1554 is declared passed. Representative Gabel, House Bill 1558. Read the Bill."
"House Bill 1558, a Bill for an Act concerning wind energy. Third Reading of this House Bill."
"The Lady from Cook."
"Thank… thank you, Mr. Speaker. House Bill 1558 creates the Lake Michigan Offshore Wind Energy Council. This will be housed in the Department of Natural Resources. The purpose of this council is to look at options for how the state should be compensated for Lake Michigan… a bottomland leasing and public policy, regulatory and citing concerns for offshore wind development. I'm available to answer any questions." 09700026.doc 41 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"The Lady has moved passage of House Bill 1558. The Gentleman from McHenry is seeking recognition, Representative Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield? Oh, I think I've got the answer."
"She indicates she will."
"It's the Off… it's the Lake Michigan Offshore. I just heard the Offshore. It's just for Lake Michigan."
"Lake Michigan, just Lake Michigan."
"No other inland waterways or lakes."
"No other. Correct."
"Thank you."
"The Lady has moved passage of House Bill 1558. All in favor will vote 'yes'; opposed will vote 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Chapa LaVia, Representative Mulligan, do you wish to be recorded? Mr. Clerk, take the record. 93 voting 'yes', 18 voting 'no', 0 voting 'present', and House Bill 1558 is declared passed. Representative Colvin… Representative Colvin on the Calendar appears House Bill 1563. Mr. Clerk, read the Bill."
"House Bill 1563, a Bill for an Act concerning local government. Third Reading of this House Bill."
Speaker Mautino: "The Gentleman from Cook, Representative Colvin."
"Thank you, Mr. Speaker. I have for the House consideration House Bill 1563 which amends the Metropolitan Water Reclamation District Act. And it simply provides that 09700026.doc 42 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 after a hearing, the board of commissioners of sanitary district may order a party responsible for the discharge of sewage, industrial waste and other wastes into the district's sewage system to pay a civil penalty in the amount that is not less than $1 thousand. It raised it… that raises the floor of the ceiling from… to $1 thousand from $100, no more than $2 thousand per day for each day of discharge in violation of the Act. I'll be happy to answer any questions."
"The Gentleman has moved passage of House Bill 1563. And 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 Tryon, do you wish to be recorded? Mr. Clerk, take the record. 110 voting 'yes', 0 voting 'no', 1 voting 'present', House Bill 1563 is declared passed. Representative Bellock, House Bill 1591. Mr. Clerk, read the Bill."
"House Bill 1591, a Bill for an Act concerning health. Third Reading."
"The Lady from DuPage."
"Thank you very much, Mr. Speaker. This is House Bill 1591 which is an initiative of all the mental health groups in Illinois that worked on it including the Illinois Psychiatric Society. And what it does is it removes conflicting provisions and clarifies the law so that there won't be roadblocks and it was the response to requests from the Illinois Supreme Court regarding dismissal of commitment provisions. I know of no opposition to the Bill 09700026.doc 43 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 and all the mental health groups have asked for your support on this Bill."
"The Lady moves passage of House Bill 1591. 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? Mr. Clerk, take the record. 111 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 1591 is declared passed. Representative Acevedo. Out of the record. House Bill… Excuse me. The Gentleman from DuPage, Representative Reboletti is seeking recognition."
"Thank you, Speaker. Could the Journal reflect it was my intention to vote 'yes' on House Bill 1547?"
"Your wishes will be noted in the Journal."
"Thank you."
"House Bill 1605, Representative Moffitt. Mr. Clerk, read the Bill."
"House Bill 1605, a Bill for an Act concerning local government. Third Reading."
"The Gentleman from Knox."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1605 is an initiative of the Associated Firefighters of Illinois. I'm sure most, if not all, of you are familiar with their annual efforts to fill the boot, to raise money for Muscular Dystrophy. That started in 1954 and it raised hundreds of millions of dollars through that campaign. They… I hope you're familiar with it. This legislation will assure that they can continue to do that following guidelines, but that they could continue to raise money as they have in the past. The states of Texas and 09700026.doc 44 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 California recently passed and signed into law legislation to the same effect. What this does is says that they… the Bill strictly defines who can solicit funds for charity and public roadways, law enforcement, firefighters, persons employed to protect the public safety in the locale where they're soliciting. They must file an application. This must be done 10 business days prior to the event. They have to have liability insurance. The local government may impose reasonable conditions. It's an important event throughout the State of Illinois. I hope you will join in supporting our firefighters of Illinois in raising money for Muscular Dystrophy. Be happy to entertain any questions."
"The Gentleman has moved passage of 1605. All in favor will vote 'yes'; opposed will vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Poe, Representative Reboletti, Representative Mitchell, Jerry. Representative Mitchell, do you wish to be recorded? Mr. Clerk, take the record. 111 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 1605 is declared passed. Representative May, House Bill 1610. Mr. Clerk, read the Bill."
"House Bill 1610, a Bill for an Act concerning local government. Third Reading."
"The Lady from Lake."
"Thank you, Speaker, Ladies and Gentlemen of the House. House Bill 1610 amends the Emergency Telephone Act to allow remote dialing to 911 on behalf of a person who has been 09700026.doc 45 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 designated as a critical missing person by their caregiver and is unable or unaware that he should… that he should be dialing in. This is a new technology that a lot of other states are using successfully. It's an advancement. It's just a bracelet on the wrist for people who have autism or Alzheimer's and are prone to wandering. I'm happy to answer any questions. It came unanimously out of committee."
"The Lady has moved passage of House Bill 1610. All in favor will vote 'yes'; opposed vote 'no'. And the voting is open. Have all vot… Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Gordon. Mr. Clerk, take the record. 111 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 1610 is declared passed. Representative Bellock, House Bill 1657. Read the Bill."
"House Bill 1657, a Bill for an Act concerning conservation. Third Reading of this House Bill."
Speaker Mautino: "The Lady from DuPage, Representative Bellock."
"Thank you very much, Mr. Speaker. What this Bill does is it just adds a member of the Illinois Congressional Delegation to the task force that we created last year on conservation and quality of the Great Lakes."
"The Lady has moved passage of House Bill 1657. All in favor will vote 'yes'; opposed will vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. 111 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 1657 is declared passed. 09700026.doc 46 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 Representative Bellock, House Bill 1663. Mr. Clerk, read the Bill."
"House Bill 1663, a Bill for an Act concerning public health. Third Reading of this House Bill."
Speaker Mautino: "The Lady from DuPage, Representative Bellock."
"Thank you very much, Mr. Speaker. What 1663 does that it provides that the standards for all levels of hospitals for perinatal care developed by the Department of Public Health shall conform to the most current edition of the American Academy of Pediatrics to their guidelines."
"The Lady has moved passage of House Bill 1663. All in favor will vote 'yes'; opposed will vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Pritchard, do you wish to be recorded? Mr. Clerk, take the record. 111 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 1663 is declared passed. Representative Dugan, House Bill 1683. Read the Bill."
"House Bill 1683, a Bill for an Act concerning finance. Third Reading of this House Bill."
Speaker Mautino: "The Lady from Kankakee, Representative Dugan."
"Thank you, Speaker, Members of the House. House Bill 1683 addresses an issue in the agriculture area with 4-H and the premiums and how they're paid out. This particular Bill doesn't change anything. There isn't any additional cost. It's just how it's going to be paid out. Because of the slowness in the state, paying counties, the 4-H 09700026.doc 47 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 youngsters are not getting their premiums paid for a long, long time. So, this is… we talked with the Department of Agriculture, the U of I extension offices and the 4-H. This is something that they believe would be best as far as the way it is paid out. So, I'll certainly answer any questions. There's no opposition to this Bill."
"The Lady moves passage of House Bill 1683. All in favor will vote 'yes'; opposed will vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mitchell, Mautino, hey, and Senger. Mr. Clerk, take the record. 111 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 1683 is declared passed. Representative Feigenholtz, on the Calendar, page 14, is House Bill 1698. Read the Bill."
"House Bill 1698, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"Representative Feigenholtz."
"Thank you, Mr. Speaker. House Bill 1698 is an initiative of the Chicago Bar Association Adoption Law subcommittee amending the Act by providing for additional method, creating a new form which a putative father or legal father can waive their parental rights. I'd be glad to answer any questions."
"The Lady has moved passage of House Bill 1698. On that question, the Lady from Cook, Representative Mulligan."
"Representative Feigenholtz, if he waives his rights without acknowledging that he's the father, what gives him 09700026.doc 48 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 the right to waive it, if he's not acknowledging that he's the parent?"
"Actually, Representative Mulligan, this waiver allows a husband to deny or to neither admit or deny paternity."
"They could deny paternity also?"
"Yes."
"So, it would be either way."
"Correct."
"And then they couldn't waive any rights if they're denying?"
"Correct."
"But they would forfeit their right to come back at any later date to claim."
"Right. That is what this new form does."
"Okay. Thank you."
Speaker Mautino: "Further discussion? The Gentleman from Champaign, Representative Rose."
"Thank you. Will the Lady yield?"
"Yes, she will."
"Representative Feigenholtz, just briefly, if I may. So, if someone does waive, are they still libel for child support or for the reimbursement to the taxpayers for any state services extended to the child?"
"I'm sorry. I didn't hear the question."
"Sure."
"Could you repeat it?"
"If someone does waive, are they waiving their… they're waiving paternity, correct?" 09700026.doc 49 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"Yeah."
"So, if they waive, are they still going to be eligible and if, in fact, they were the actual biological father, will they still be eligible for child support and reimbursement to the taxpayers for any services extended to that minor child in the meantime?"
"You know, I believe that this Bill is designed to expedite adoption and I believe that sometimes in the cour… fathers are unable to be in the courtroom. The only thing this Bill does essentially is create a new form, nothing… nothing bigger than that is really stipulated in this legislation."
"So, if they are the biological father, we can still go after them for taxpayer… or for the taxpayer fund extended on behalf of services to the minor and/or child support for the custodial… what would become the new adopted custodial parents."
"Representative, this doesn't change any of that. This essentially…"
"Okay. Thank you."
"…right… right now a putative father can sign a consent in court. This essentially creates a waiver so that he doesn't have to appear."
"The Lady has moved passage…"
"Thank you."
"…of House Bill 1698. All in favor will vote 'yes'; opposed will vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Leitch, Reis, Burns, do you wish to be 09700026.doc 50 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 recorded? Representative Burns. Mr. Clerk, take the record. 111 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 1698 is declared passed. Representative Feigenholtz, House Bill 15… 1699. Mr. Clerk, read the Bill."
"House Bill 1699, a Bill for an Act concerning civil law. Third Reading of this House Bill."
Speaker Mautino: "The Lady from Cook, Representative Feigenholtz."
"Thank you. Again, another initiative from the Chicago Bar Association regarding final and irrevocable designated surrender for purposes of adoption. This Bill addresses mostly private adoptions and the purpose of this is to mandate that only legal parents can designate the adoptive parents. We passed a piece of legislation I believe in the last General Assembly and the word 'legal' was omitted. This cleans that up."
"The Lady has moved passage of House Bill 1699. 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? The Gentleman from Champaign. Mr. Clerk, take the record. 111 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 1699 is declared passed. Representative Reitz, House Bill 1702. Read the Bill."
"House Bill 1702, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"The Gentleman from Randolph, Representative Reitz." 09700026.doc 51 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"Thank you, Mr. Speaker. House Bill 70… 1702 adds physician assistants and advanced practice nurses to a list of people that can draw blood for drug treatments or alcohol… or drug or alcohol tests. And I'd be happy to answer any questions."
"The Gentleman has moved passage of House Bill 1702. All in favor will vote 'yes'; opposed will vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. 111 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 1702 is declared passed. Representative Gabel, House Bill 1707. Read the Bill."
"House Bill 1707, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"The Lady from Cook, Representative Gabel."
"Thank you, Mr. Speaker. This Bill will add information to the DCFS website about pertussis, commonly known as whooping cough. It will give information about how to prevent this disease because there's a lot of spread between children and their parents, if there's been an outbreak in both Lake County and DuPage County. And I'm available for any questions."
"The Lady's moved passage of House Bill 1707. 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? Mr. Moffitt, Mr. Saviano, Mr. McAuliffe, do you wish to be recorded? Mr. Clerk, take the record. 111 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 1707 is declared passed. 09700026.doc 52 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 Representative Holbrook, House Bill 1709. Mr. Clerk, read the Bill."
"House Bill 1709, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Holbrook."
"Thank you, Mr. Speaker. House Bill 1709 is a Fire Caucus initiative. It codifies the promotional fees we… fees we charge for promotional assessors. It came out of committee unanimously. And I know of no opposition."
"The Gentleman has moved passage of House Bill 1709. All in favor will vote 'yes'; opposed will vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Brauer, Hernandez, Riley, Soto, Williams, do you wish to be recorded? Mr. Clerk, take the record. 66 voting 'yes', 42 voting 'no', 0 voting 'present', House Bill 1709 is declared passed. Representative Verschoore, House Bill 1724. Mr. Clerk, read the Bill."
"House Bill 1724, a Bill for an Act concerning wildlife. Third Reading of this House Bill."
Speaker Mautino: "The Gentleman from Rock Island, Representative Verschoore."
"Thank you, Mr. Speaker and Ladies and Gentlemen. What this does is allows the trapping… the hunting and trapping of river otter. They've become quite a problem now. And so, at onetime there's a… they were almost extinct, but they're coming back and we're… that's what we're going to do. And there's a 10… a limit of 10 per person per season. And I'd ask for an 'aye' vote." 09700026.doc 53 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"The Gentleman moves passage of House Bill 1724. All in favor will vote 'yes'; opposed will vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Davis, Representative Feigenholtz, Franks, Harris, Lang and Poe, do you wish to be recorded? Representative Franks, Representative Harris. Mr. Clerk, take the record. 92 voting 'yes', 14 voting 'no', 0 voting 'present', the House Bill 1724 is declared passed. Representative Lilly, House Bill 1864. Mr. Clerk, read the Bill."
"House Bill 1864, a Bill for an Act concerning education. Third Reading of this House Bill."
"The Lady from Cook, Representative Lilly."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise today to present passing of House Bill 1864. House Bill 1864 amends the Public Community College Act to permit the Illinois Community College Board to change the equalization formula from 85 percent to 70 percent. This allows the community colleges not to increase the tuition for their… tuition fees for their students. And it also gives them the ability to maintain their eligibility for the equalization grant. House Bill 1864 simply gives the students who attend community colleges affordable tuition fees. No changes in the statutory formula, no changes in the number of schools receiving grants and no changing in the funding level. At this time no opponents have been filed to this Bill. I am open and available to answer questions. Thank you, Mr. Speaker." 09700026.doc 54 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"The Lady has moved passage of House Bill 1864. And on that question, the Gentleman from Knox, Representative Moffitt."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates that she will."
"I believe you said there at the end there are no opponents to this legislation. Is that correct?"
"None filed at this time."
"So, all the community colleges across the State of Illinois are in support?"
"Yes. They are part of the Illinois Community College Board and they have…"
"And it was their… it was their initiative?"
"…they have met in 2009 on this subject matter."
"It was their initiative at that time, right?"
"I'm sorry."
"It was an initiative or supported by the Illinois Community College Board. Is that correct?"
"Correct."
"Okay. Thank you."
"You're welcome."
Speaker Mautino: "Further discussion? The Gentleman from Champaign, Representative Rose."
"Thank you, Mr. Speaker. Will the Lady yield?"
"She indicates she will."
"I notice you're wearing your red jacket. Does this mean it's your first Bill, Representative?"
"Yes." 09700026.doc 55 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"Oh, outstanding. I'll give you… Thank you for wearing the red jacket. It's… this is a momentous day. We're excited… excited to debate your Bill."
"Thank you."
"Representative, this was… what's the genesis of this Bill?"
"To ensure that all young people… all students who would like to go community colleges their tuition fees are affordable."
"No, genesis. What's the genesis of the Bill, Representative?"
"The Community College Board…"
"Okay, very good."
"…the Community College Board."
"Oh, the Community College Board. Not Genesis from Phil Collins' Genesis. Okay, very good."
"What…"
"So, how would this work? Since the Community College Board brought this forward, how would it work?"
"We will reduce the… Representative?"
"Yes. I… thank you, Rep…"
"Thank you, thank you."
"Thank you. That's outstanding. Keep me on my toes there."
"Not a problem. On the… the Illinois College Board will reduce the average state tuition fee from 85 percent to 70 percent, so that all of the schools who are eligible for eqelization… equalization grant will be within line and not 09700026.doc 56 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 have to increase their tuition to be eligible for those grants."
"And was this part of a task force that having met previously on this issue?"
"In 2009, the ICCB met with the finance advisory committee, yes."
"All right. Well, Representative, I'm sure others will have questions, but I appreciate your indulgence and best wishes on your first Bill."
"Thank you. And I appreciate your honest questions."
Speaker Mautino: "Further discussion? The Gentleman from Winnebago, Representative Winters."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"I wanted to raise a question of personal decorum in the chamber. I see that the Sponsor of this Bill has the appropriate attire of a red blazer this morning, but I was curious, in committee that red blazer was delivered by one of the staff members. I wonder if you could tell me where that male staff member came up with your red blazer?"
"We're a team here down in Springfield."
"I'm sorry."
"We are a team here in Springfield. Whatever we need we have team members to help us…"
"Okay."
"…be on point."
"So, you actually keep a red blazer just for first Bills or is that on the Democratic side that you have a 09700026.doc 57 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 staffer that will carry it from Member to Member as they have first Bills?"
"A little bit of both."
"Little bit of both, okay. Well, I applaud your effort and your presentation. Thank you."
"Thank you."
Speaker Mautino: "Further discussion? The Gentleman from Montgomery, Representative Rosenthal."
"Thank you, Mr. Speaker. I will be voting 'present' on this issue due to a potential conflict of interest."
Speaker Mautino: "Further discussion? The Gentleman from Williamson, Representative Bradley."
"I… To the Bill. I stand in support of this effort of this legislation. Representative Lilly and I have been working on this Bill. We filed similar Bills and she has gracefully taken over sponsorship of this and I very much appreciate her efforts and look forward to supporting this critical piece of legislation for community colleges."
"Further discussion? The Gentleman from Lake, Representative Sullivan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates that she will."
"Representative, we've been trying to get our handle on one of the things that you said. Oh, there you are, sorry. You had indicated that there are no winner… there are no losers under this program. Is it your understanding that there's a limited pot of money that could be used for the total program?" 09700026.doc 58 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"I'm sorry, Representative. I didn't… I didn't hear you."
"Okay. Under this program, we appropriate 'x' amount of dollars. And so, it's… it's not that if you're eligible you can receive money. We have a limited pot of money, so there's one set dollar amount that could be used for this program. Is that correct?"
"Yes."
"Okay. So, now you're going to take the threshold by which you can or your community college can be eligible for this program from 85 percent down to 70 percent. Under your analysis, do you believe there will be more or less colleges that'll be eligible under this… new guidelines of 70 percent?"
"As an eligibility criteria and no… there'll be no changes in the schools who are eligible."
"Well, what we're looking at here on our analysis are winners and losers based on community colleges. So, if you have… so, if you have a college called Blackhawk, you're going to be losing about $389 thousand. If you have a community college, Eastern Illinois, Illinois Valley, Lewis & Clark, Logan, Rend Lake, Sandburg, I could… the list could go on and on, you are a net loser under this Bill. So, what you said doesn't jive with the data that we have before us. So, I'm just trying to, you know, reconcile how… what you're trying to put forth by which the data that we have on winners and losers." 09700026.doc 59 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"Thank… thank you, Representative. These schools would have the ability to be eligible for the program and they would adjust their tuitions."
"Right. And Representative, I'm not trying to harass you on your first Bill. This is actually a substantive…"
"And therefore, they will not be a loser and be eligible."
"…substantive discussion that we're having here. There are going to be winners and losers under this Bill. I just wanted to point that out and I just named the community colleges that are losers under this new formula that you're doing. So, there are indeed winners and losers. And you might want to know that before you ask for a vote on this 'cause those that are in this college, that are losers, probably won't want to vote for it. I… and I… what you want to do, you might want to pull it just to verify what's going on, but like I said, it's your decision if you want to move forward with this."
"I understand your point, Representative and the analysis that I have and the research that I've been doing with… in conjunction with Representative Bradley and the team here, there are no changes in the funding grants for the colleges that are eligible."
"Okay."
"I want to state that clearly…"
"Yeah."
"…with…"
"Right." 09700026.doc 60 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"…with minimum because we must make sure that our community colleges tuitions are affordable."
"Sure."
"So, I will be… have an opportunity to speak with you…"
"Sure."
"…to see what your information is. Thank you."
"And… and that's the only point I'm trying to make is we seem to have conflicting information. That's my only point I'm trying to make and that I know that there's going to be people that are looking at the list on our side that probably won't vote for this based on the conflicting information. But thank you for your points."
"Thank you, Representative."
"Majority Leader Currie."
"Thank you, Speaker. I think it's important for the record to remind everybody that this is an initiative of the Illinois Community College Board. It was not a contentious issue within that board. This is a consensus among all the community colleges in the state that some community colleges should not be pushed out of equalization because they are not able to raise tuition either as high or as quickly as their more affluent neighbors. This Bill retains a commitment that every community college get at least 30 percent of its revenue from tuition sources. It just says that the fact that a neighboring community college is able to charge twice that rate doesn't push the poorer community college out of contention for an equalization grant. Again, this is a consensus among the members of the Illinois Community College Board. I have not 09700026.doc 61 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 heard from a single community college that is not in support of passage of this Bill. I hope you will vote 'yes'."
Speaker Mautino: "The Gentleman from Lake, Representative Mathias."
"Will the Sponsor yield?"
"She indicates that she will."
"Representative, this is obviously a very important Bill for a… I'm over here… a very important Bill for a freshman to carry. I'm glad that this has to do with junior colleges because it looks to me there's a lot of math in your Bill. I didn't know there was going to be a math quiz today, but can you explain the math part of the Bill as far as the 70 percent, the 85… it's now 85 percent and 70 percent. I'm not so sure what… what I have to remember for the test. So, could you explain that to me what that means?"
"It is something probably… we can explain thoroughly at a later date, but I will do my best today it for you. It basically reduces the current rate, the average to the state average tuition rate from 85 percent to 70 percent, to remain eligible for the equalization grant. That's as simple as I can put it today."
"And… and so, does that mean they would get less money from tuition or more money from tuition or how does that effect tuition?"
"The grant money will not change. As indicated by Representative Currie, this legislation allows the schools 09700026.doc 62 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 to remain as is with their tuition fees; Otherwise, they would have to raise their tuition."
"So, are there schools though that… that do qualify for this and other schools that don't qualify then? I mean, I looked at my… the schools in my area and they all are zeroes. So, I guess I should be happy or not happy. If you're not gaining anything, I guess you're not losing anything either. Why aren't we making any money in our area? I mean, if I'm going to vote for it, at least I want to see that our schools are dating by…"
"Yeah. But…"
"…by being part of this."
"I'm sorry. I can't hear and I…"
"Yeah. I understand."
"…got a good staff person helping me here."
"I know. I think your staff person should get on the microphone and give the answer and that will make it quicker."
"Well, I was…"
"Would you want to give the microphone to your staff person and see if he wants to answer the question?"
"No."
"Okay."
"I want to make sure I heard your question."
"Thank you."
"He clarified the question for me."
"Yeah. It is very noisy here."
"Okay. Thank you. The schools will… the number of schools will remain the same. This change in the Act will 09700026.doc 63 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 allow the schools to increase their tuition so that they will be eligible for the equalization grants, if they need to. They do not necessarily have to."
"All right. You've done a very good job at explaining this Bill and I appreciate that. And I will be supporting your Bill. Thank you."
"Thank you so much."
"I mean, I may be supporting your Bill. I'm not actually… haven't… I want to listen to the rest of the debate and see if there's any other math problems. Thank you."
"Thank you."
"Further discussion? Representative Phelps. Not seeking recognition. Representative Riley."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates that she will. You can ask her. She's right there."
"Representative, this is a good piece of legislation. And I can say that some of the community colleges in my district would be in support of this. And again, can you explain why you brought this Bill? This is a Bill that I could have brought but why did you… how did you beat me to it?"
"Well, I'm really excited by being… representing the 78th District here in the State of Illinois, but this legislation impacts communities throughout the state and I'm very interested in making sure that our youth get the opportunity, if they so wish, to advance their education that the community colleges of Illinois have that 09700026.doc 64 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 opportunity to do so. So, I would… I'd like to join the rest of the colleagues here who are concerned about the education and the talent of our future which is our youth. I want to be a part of that legislation and that change in Illinois."
"But this is your first Bill, right?"
"Yes, it is."
"And I'm your seatmate, correct?"
"Yes, you are."
"And I wasn't down as a Sponsor."
"Yes, you are. I have the documentation."
"Thank you. Thank you, Mr. Speaker."
"Mmm mmm."
"Further discussion? Representative McGuire."
"Thank you, Mr. Speaker. I rise to support the young lady in her Bill. And I might remind some of the Members of the General Assembly that the first junior college in the nation was Joliet Junior College and I'm an alumni of Joliet Junior College. And I support… support the young lady's Bill. Thank you."
"The Lady moves passage of House Bill 1864, her first Bill. All in favor vote 'yes'; the rest of you vote 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Harris, Jones, Sommer. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. 95 voting 'yes', 12 voting 'no', 1 voting 'present', the House Bill 1864 is declared passed. Congratulations, Representative. Representative Osmond, House Bill 1870. Read the Bill." 09700026.doc 65 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"House Bill 1870, a Bill for an Act concerning insurance. Third Reading of this House Bill."
"The Lady from Lake, Representative Osmond."
"Thank you, Mr. Speaker. House Bill 1870 is an initiative of the Illinois Life Insurance Council and supported by the Department of Insurance. It's cleanup language from a Bill that was drafted last year, and there's no substantive change outside of just the cleanup."
"The Lady has moved passage of House Bill 1870. On that question, the Gentleman from McHenry, Representative Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"Thank you. I'm reading the… Representative, I'm reading the analysis. And it indicates there's a substantive change in the Bill would allow an association to get required approval of any court rather than only a court in Illinois to impose permanent or temporary liens on an insolvent insurer. Why would we allow courts from other jurisdictions on an Illinois corporation?"
"Where is this in the Bill?"
"It's the executive summary that I'm reading it from our analysis. Perhaps it's not correct, but that's what we were… that's what our analysis indicates."
"Well, these are all little tiny changes in this Bill and I don't believe that that's contained in there. On page 13, they're changing a 3 from a 2. On page 14, they're changing Amendatory Act of the 97th General Assembly…" 09700026.doc 66 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"Representative, if I could show you our analysis because it may be wrong. I just… but it shows that this actually had substantive changes to the Bill, in our analysis."
"Mr. Speaker, could I take this out of the record and just verify this, please?"
"At the request of the Sponsor, please take the Bill out of the record. On page 15 of the Calendar is House Bill 1877, Representative Barickman. And you're ready to go. I take it by the jacket it's either your first Bill or you've stolen the jacket of Representative Ramey?"
"This is my regular outfit. You just haven't noticed me."
"And your first Bill. Mr. Clerk, read the Bill."
"Thank you, Mr. Speaker."
"House… House Bill 1877, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"The Gentleman from Champaign, welcome."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I'm here today with House Bill 1887 (sic-1877) is a technical change to an existing law regarding the registration of hospitals operated by state-supported universities under the Department of Financial and Professional Regulation. Currently under stat… under state statutes, the state will not license the University of Illinois Veterinary Teaching Hospital because the statute says they are exempt. As a result of this, certain veterinarians working at the U of I Vet Hospital are unable 09700026.doc 67 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 to make prescriptions because they're not licensed and unable to get licensed under the state. This Bill is supported… asked for by the University of Illinois and supported by the Illinois State Veterinary Medical Association. And I'd ask for your support."
"The Gentleman has moved passage of House Bill 1877. On that question, the Gentleman from Jackson, Representative Bost."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates that he will."
"Representative, I know this is your first Bill, but I'm a little concerned because your first Bill… are you trying to increase the amount of dog… the amount of dogs that are on drugs in our state?"
"No, Mr. Representative. In fact, this Bill is a very animal friendly Bill. I think in the past this House has seen questionable legislation about the treatment of animals. In fact, it was used in campaigns just last year. I would suggest that this Bill is very animal friendly. I'm a dog owner myself and I would even say this Bill is puppy friendly."
"Now… now, wait a minute. Is… I know you say it's animal friendly, but is one of these drugs that might be able to be issued possibly something that could sedate them while they were spayed or neutered?"
"Certainly the drugs and medication…"
"Now, you might think that's friendly, but I'm probably sure there's a dog that might not think that's so friendly." 09700026.doc 68 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"I have heard from no dogs stating such facts."
"How about… does this allow for the dispensing of a possibly a drug that might be able to put a dog to sleep?"
"I suspect that those are legal drugs currently allowed to be prescribed by veterinarians like…"
"Okay. I… could… just don't claim something's friendly to an animal when it may not be. I mean, if you're the dog receiving this, it could be real bad. Now, the other problem I have here is is that… that I need to really understand this. You say that these are… they're veterinarians, but they're not real veterinarians?"
"These… these are veterinarians. Oftentimes they are interns or residents from out of state, so they would be licensed in the state that they are from, but they are not licensed in the State of Illinois."
"So… so, they are veterinarians that are not even from our state."
"That's right. The university is home to many students who are not from the State of Illinois."
"Do you feel that there's a problem with that?"
"I feel that this legislation would assist those who are not licensed…"
"So… So, now wait a minute. You're going to say that we have to register and allow these veterinarians to administer these drugs and they may be from out of… Does this violate interstate commerce commission law?"
"Not that I'm aware of."
"Are you aware of interstate commerce commission law?"
"Absolutely." 09700026.doc 69 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"Okay. I just wanted to make sure. Do we then… I have to find out who… who actually came to you with this Bill?"
"The University of Illinois came to me."
"All right. Representative, I'll watch this debate very, very closely, but I'm not sure whether this is, you know, dog friendly."
"Thank you."
Speaker Mautino: "Further discussion? The Gentleman from Randolph, Representative Reitz."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates that he will."
"Representative… I'm over here, over here. You'll learn the House sooner or later."
"Back of the room."
"Way in the back. Why do you have a pink jacket on?"
"I was informed that it's a red jacket."
"Not on the monitor. I'd ask you to take a look at it. It looks pretty pink from here, but I understand the red jacket tradition but I don't understand the pink one. But having seen you over there, it is a red jacket. So, I just have one question really and not even pertaining to this Bill. But how many 'yes' votes do you think you have cast today even on different Bills? You voted 'yes' a number of times, correct?"
"I have voted 'yes' on more than one occasion."
"I think we've been keeping track over here. We'd like to congratulate you. You have already cast more 'yes' votes than your predecessor cast in the previous two terms." 09700026.doc 70 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"Further discussion? The Gentleman from Cook, Representative Lang."
"Thank you. Will the Gentleman in the red jacket yield?"
"Absolutely, he will."
"Representative, how are you, Sir?"
"Doing great."
"Good. First Bill, right?"
"Seems to be."
"So, this is an initiative of the University of Illinois?"
"That's correct."
"And who came to you from the University of Illinois to discuss this with you? The football coach?"
"No, I…"
"Bruce Weber?"
"No. I've talked to a lobbyist from the University of Illinois as well as a es…"
"A lobbyist."
"As well as a director from the University of Illinois Veterinary Hospital."
"They have their own lobbyist. The Veterinary Hospital has a lobbyist?"
"I believe, the university has its own lobbyist."
"The university has a lobbyist, but you didn't talk to anyone specifically from the veterinary school, correct?"
"No. I've also spoken and in fact, during committee had provided a testimony from the director of the U of I Vet Hospital." 09700026.doc 71 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"And who… what… what would that person's name be, Sir? Quick, look it up."
"I don't…"
"Hurry up."
"I don't have it."
"We're all waiting to go home, Sir."
"I don't appear to have that information in front of me."
"Oh. You want to take the Bill out of the record, Sir…"
"Not…"
"…'til you find that information?"
"No."
"No. Are you aware that it's against the ethics of the House to say… to even say the word 'lobbyist' on the House Floor?"
"I was unaware of that."
"Well, that's okay. So, did… if I'm reading your Bill correctly, anyone who graduates from the U of I can be a veterinarian? Is that what your Bill says?"
"No, that is not what the Bill says."
"I graduated from there. You think you'd want me working on your rabbit or something?"
"If you were a licensed veterinarian, I'd consider it."
"Licensed veterinarian, not unlicensed veterinarian."
"That's correct."
"So, this Bill doesn't allow an unlicensed veterinarian, who graduated from, let's say, the University of Illinois Springfield, to check to see if your dog has strep throat?" 09700026.doc 72 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"This Bill allows a veterinarian working at the U of I Veterinary Hospital to prescribe those medications under the law today… that are allowed under the law today."
"There… there's something in your Bill about euthanasia. Is that correct?"
"Not… no, there is not in my Bill."
"There's nothing in your Bill about euthanasia?"
"There may be something in… in the existing laws about euthanasia. My Bill amends existing legislation. There's nothing in my Bill that's proposed regarding euthanasia."
"Right. But it… it amends a current statute. Is that correct?"
"That's correct."
"Are you familiar with that statute in any way?"
"Absolutely."
"So, does that statute refer to euthanasia?"
"Subsection (b) does, yes."
"So, are you… is euthanasia is that like summer camps across the waters? All right. I'm doing my best here."
"Good luck with that."
"So… All right. So, Representative, I've been listening very carefully to your debate. I couldn't understand what the heck Representative Bost was talking about, but I've been… I've been paying very close attention to your debate and I still don't understand what the Bill does. Can you give me one succinct sentence as to what your Bill does?"
"Under existing law…"
"Succinct." 09700026.doc 73 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"Yes. Under existing law, the U of I Veterinary Hospital cannot receive a license from the state because the law says they are exempt. Because they are exempt, there is no license issued to the hospital. They… And the department of… the department has said they will not issue them a license. This Bill says that they can."
"That was not succinct, but at least I understand the Bill now. Thank you, Sir."
"Thank you."
Speaker Mautino: "Further discussion? The Gentleman from Champaign, Representative Rose."
"Thank you. Will the Gentleman yield?"
"Indicates that he will."
"I like your jacket, Representative Barickman."
"Thank you."
"It looks very nice. Glad to see that the freshmen are into the mode here of wearing the red jacket. So, I'm glad you… Where'd you find that jacket?"
"It was handed to me recently at my own request."
"Oh, okay. So, it… Yeah."
"Representative Ramey."
"Representative Ramey then. Is that right?"
"Yeah."
"Okay. Well, thank you, Representative Ramey, for allowing your jacket to be used in a floor debate. Representative Barickman, does this Bill allow a… does this Bill allow medical marijuana for dogs?"
"This Bill…"
"We don't prescribe medical marijuana to the dogs?" 09700026.doc 74 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"This Bill has nothing that allows for an expansion or retraction of any medications currently allowed to be prescribed to dogs."
"Now, I heard euthanasia, Representative, and I would direct the Chair to answer the… direct the witness to answer the questions in the future, so if we could… we could do that, Mr… Mr. Speaker. Now, Mr. Barickman, I see the word euthanasia in this Bill, and a few years ago we had a Representative brought a Bill to ban horse slaughtering in Illinois. Does this, in any way, repeal that ban?"
"No."
"You were not here, but I seem to recall getting some 1292 e-mail messages in a single day on banning horse slaughtering. Bo Derek came down; it was quite a procession."
"The answer to your question is no."
"Is Bo Derek here today on your Bill?"
"I have not seen Bo Derek today. She is not here on my Bill."
"Well… well, no. Karen May is here saying she's Bo Derek, playing the role of Bo Derek. Does… does Representative May… Representative Barickman, in all seriousness, if I understand this correctly, and it makes perfect sense to me, these are professors of veterinary medicine. They are teaching students to become veterinarians, but by some quirk and happenstance in current law, they can't actually prescribe medicine to animals. Is that accurate?"
"That is accurate." 09700026.doc 75 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"So, what we're going to do is we're going to allow our professors who are teaching the future veterinarians of Illinois to go ahead and prescribe. Is that what you're doing here?"
"That's a good… a good summary analysis, yes."
"It makes perfect sense to me and best of luck on your first Bill, my friend."
Speaker Mautino: "The Gentleman from Menard, Representative Brauer."
"Thank you, Mr. Speaker. Does the Sponsor yield?"
"Indicates he will."
"You know, Representative, I have a little background in this being from the farm and dealing with some of these young people. And my analysis here says that students can prescribe drugs without having their license."
"The only individuals who would be permitted to make prescriptions are interns and residents at the U of I vet school."
"So, they graduated…"
"Yes, these are…"
"…but they don't have their license."
"These… all of these individuals are veterinarians in a graduate or research program at the university."
"What… what happens if they never get their license?"
"Oftentimes they don't get their license, in fact, in Illinois. Again, these are… these are oftentimes out of state individuals, veterinarians from out of state who've come to Illinois maybe for a one- or two-year program. The amount of time it would take them to, under normal laws, to 09700026.doc 76 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 get a license in Illinois could be six months to a year and so many of them simply do not get one in Illinois. They come here; they go to the university and then they leave our state when they've completed their program."
"So, if Bo Derek went through that program and never got her license, she would still be able to do her own drugs?"
"If Bo Derek is a veterinarian working at the University of Illinois vet school, under this legislation she would be permitted during the time of her employment to make prescriptions under Illinois law."
"How about if Karen May did that?"
"The same scenario."
"Thank you, Representative. This is a good Bill."
Speaker Mautino: "Further discussion? The Lady from Cook, Representative Flowers."
"Thank you, Mr. Speaker. Representative, I like your red jacket, as well. Thank you Representative, were you supposed to amend this legislation?"
"No, not that I recall."
"I thought… so, who will be responsible because I thought in committee we were going to amend the legislation to say a person… a person in the pharmaceutical section will be responsible for the actual license, not just the building."
"I don't know that such an Amendment was proposed. We certainly had a discussion about that item though, Representative, I agree."
"You agree that we did have a discussion?" 09700026.doc 77 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"I agree that there was a discussion about the… the difference of the license being given to the institution versus a person."
"Absolutely. And so, did you… did you not agree that you agree that it should be given to a person because a person should be responsible in case something happened as opposed to the institution?"
"I… I don't recall making a commitment to make an Amendment. If I did, I'm certainly willing to work with this legislation as we work with the Senate to include that."
"Well, thank you. That's exactly what I wanted to hear, Sir. Thank you very much…"
"Thank you."
"…and I appreciate that. And I, too, think that this is a fantastic piece of legislation. And you really look smart in that red jacket. Thank you."
Speaker Mautino: "The Lady from Champaign, Representative Jakobsson."
"Thank you, Mr. Speaker. To the Bill. I believe this is a good Bill. And I would urge people to vote for it. I know this is his first Bill and we're all harassing him, but I move the previous question."
"The Lady has moved the previous question. All in favor say 'yes'; opposed say 'no'. The 'noes' have it. You're not off the hook. However, there's no one else seeking recognition. And with that, Representative Barickman to close." 09700026.doc 78 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"I just want to thank everyone for their time today and I ask for your support on this Bill. Thank you."
"The Gentleman has moved passage of House Bill 1877. All in favor will vote 'yes'; opposed will vote 'no'. Have all voted who wish? Uh, oh. Have all voted who wish? Have all voted who wish? Mr. Clerk, take… take the record. Well done. 107 voting 'yes', 0 voting 'no', 0 voting 'present'. Congratulation, House Bill 1877 is declared passed. The Gentleman from Jackson, Representative Bost."
"Mr… Thank you, Mr. Speaker. Will the record reflect that Representative Cross will be excused for the rest of the day."
Speaker Mautino: "The record will indicate that, yes. Representative Osmond, House Bill 1870. Read the Bill. You had taken this Bill out of the record momentarily. I believe that question has been resolved. Representative Osmond."
"Thank you, Mr. Speaker. Yes, the question that was raised by Representative Franks has been addressed. And once again, there is no substantive changes. These are all drafting errors in making us compliant with the NI… NAIC regulations. So, I would like to ask for a favorable vote."
"The Lady moves passage of House Bill 1870. All in favor will vote 'yes'; opposed will vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Franks, Representative Mell. Mr. Clerk, take the record. 107 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 1870 09700026.doc 79 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 is declared passed. Representative Moffitt, House Bill 1882. Mr. Clerk, read the Bill."
"House Bill 1882, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Representative Moffitt."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1882 allows the Fire Marshal an additional use of the revolving loan fund we have for fire trucks. The initial loan allows an interest free revolving loan fund. It's for the big trucks, the pumper tankers, aerials, whatever. It loans up to 250 thousand. What this would do would make this fund also available for what we usually call brush trucks or grass trucks or rescue trucks. Essentially they are pickup trucks, three-quarter ton or one ton chassis, and it's used in rescue. It's oft… oftentimes off-road; it's needed in forest preserves, even farm fields, road ditches, whatever. It allows to get a couple firefighters to get to the scene much sooner. It also has an incentive to buy Illinois product. It starts out being a 2 percent revolving loan fund; however, if the chassis is final assembly point's Illinois, you take 1 percent off of that. And if the apparatus is Illinois assembled and installed, you take another 1 percent off making it an interest free loan. It would help fire departments across the state. The brush truck is an important tool that they have. Will entertain… I'd be happy to entertain any questions."
"The Gentleman has moved House Bill 1882. All in favor will vote 'yes'; opposed vote 'no'. The voting is 09700026.doc 80 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Berrios, Feigenholtz, Nekritz, Saviano. Mr. Clerk, take the record. 107 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 1882 is declared passed. Representative Rita, you have House Bill 1888. Mr. Clerk, read the Bill."
"House Bill 1888, a Bill for an Act concerning local government. Third Reading of this House Bill."
Speaker Mautino: "The Gentleman from Cook, Representative Rita."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. 1888 is an initiative that helps an area in my district, the Roseland community, to create a medical district. And ask for a favorable vote here."
"The Gentleman has moved passage of House Bill 1888. No one seeking recognition, 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 Acevedo, Will Davis, Hernandez, Pritchard. Mr. Clerk, take the record. 71 voting 'yes', 36 voting 'no', 0 voting 'present', House Bill 1888 is declared passed. Representative Rita, House Bill 1889. Read the Bill."
"House Bill 1889, a Bill for an Act concerning transportation. Third Reading."
"Out of the record. Representative Cunningham, House Bill 1906. Out of the record. Representative McAsey, House Bill 1927. Read the Bill." 09700026.doc 81 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"House Bill 1927, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Representative McAsey."
"Thank you. This is a simple change to our Criminal Code. It's something that was brought to my attention by the Cook County State's Attorneys Office. In our domestic battery statute, we allow for consideration of out of state convictions for the same or a similar offense. We do not allow that in cases of violation of an order of protection. What we're doing is adding that language into the violation of order of protection statutes to allow for parity, to allow the two statutes to mirror one another. And I appreciate the Members' support and I'm available for any questions."
"The Lady has moved passage of House Bill 1927. No one seeking recognition, all in favor will vote 'yes'; opposed will vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Flowers, Crespo, Reis. Mr. Clerk, take the record. 107 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 1927 is declared passed. Representative McAsey, 1929. Mr. Clerk, read the Bill."
"House Bill 1929, a Bill for an act concerning corrections. Third Reading of this House Bill."
"The Lady from Will, Representative McAsey."
"Thank you. This is an initiative of the Department of Corrections. What we're seeking to do is to address cost within Correction and revenues by increasing the copay that inmates pay. Currently, they pay a $2 copay for 09700026.doc 82 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 nonemergency medical or dental services. They've been doing that since 2004. We're raising it to $5. I appreciate the Members' support and can address any questions."
"The Lady has moved passage of House Bill 1929. No one seeking recognition, 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 Harris. Mr. Clerk, take the record. 104 voting 'yes', 1 voting 'no', 2 voting 'present', House Bill 1929 is declared passed. Representative Nekritz, House Bill 1956. Mr. Clerk, read the Bill."
"House Bill 1956, a Bill for an Act concerning public employee benefits. Third Reading of this House Bill."
"The Lady from Cook, Representative Nekritz."
"Thank you, Mr. Speaker. House Bill 1956 is an initiative of IMRF. It neither increases benefits or increases cost to the employer, but it takes… makes three changes. One deals with who can be an authorized agent on behalf of an employer. The second one is allowing districts… local governments that made an election to be a 600-hour district… a 600-hour participant versus a thousand-hour participant. There's no flexibility right now. They can't change between the two. This would allow them that flexibility to go from a 600-hour participant to a thousand-hour participant. And so, finally would… increases the number of hours that for some IMRF participants that they can go back to work without losing their pension even though that they… even… I'm sorry. Mark 09700026.doc 83 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 O'Brien made me lose my train of thought. …even though they…"
"He does that to a lot of us."
"What? I… but it's a good Bill. I urge you to vote 'aye'."
Speaker Mautino: "Further discussion? The Gentleman from Morgan, Representative Watson."
"Thank you, Mr. Speaker. Will the Sponsor yield on her good Bill?"
"Yes, she will."
"Representative, does this have any pension enhancements at all in it?"
"None whatsoever, Representative."
"Thank you very much."
Speaker Mautino: "The Gentleman from Cook, Representative Riley."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates that she will."
"Representative Nekritz, is this your first Bill?"
"It sure sounds that way."
"Thank you."
Speaker Mautino: "The Gentleman from Cook, Representative Lang."
"Thank you. Will the Sponsor yield?"
"Indicates she will."
"Thanks. I just want to ask. I heard the last phrase of the sterling explanation of your Bill and I just want to know, is this a good Bill?"
"Yes, it is, Representative." 09700026.doc 84 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"Oh, it's a good Bill. Vote 'aye'."
"And with that, all in favor will vote 'aye'; opposed will vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mulligan, Representative Senger. Mr. Clerk, take the record. 107 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 1956 is declared passed. Congratulations. On page 15 of the Calendar is House Bill 1957. Representative Nekritz. Mr. Clerk, read the Bill."
"House Bill 1957, a Bill for an Act concerning education. Third Reading of this House Bill."
"The Lady from Cook, Representative Nekritz."
"Thank you, Mr. Speaker. I'll try to be a little bit more cogent on this one. The Illinois Institute for Entrepreneurship Education is an entity that is… that was formerly affiliated with the Illinois State University. Illinois State has no entrepreneurship programs. Chicago State University is developing a significant… an emphasis on entrepreneurship. And so, we thought that that would be a better home for the Illinois Institute for Entrepreneurship Education, which is a statutorily created entity. So, we are moving… moving the fiscal agent."
"The Lady has moved passage of House Bill 1957. All in favor will vote 'yes'; opposed will vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mayfield, Reis, Yarbrough, do you wish to be recorded? Mr. Clerk, take the record. 107 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 1957 is declared passed. 09700026.doc 85 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 Representative Holbrook, House Bill 1984. Mr. Clerk, read the Bill."
"House Bill 1984, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"The Gentleman from St. Clair, Representative Holbrook."
"Thank you. I have House Bill 1984 which prohibits individuals from using wireless phones while operating a motor vehicle within 500 feet of an emergency scene unless they're using it to ask for emergency assistance. And it also adds a digital photo and video is considered using a phone at that point. This is an initiative of the Fire Chiefs Association legislative group who came forward to me with issues where people are photographing, videotaping accidents as they slowly drive by these accident scenes. It passed out of the committee 7-0 and I know of… there was no opposition in committee."
"The Gentleman has moved passage of House Bill 1984. And on that question, the Gentleman from McHenry, Representative Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, why do we need this Bill?"
"Well, the fire chiefs that came to me with this issue says it's causing accidents as people try to photo or video… as they're driving their car… driving past some accident scene as a hazard."
"Aren't… aren't they already prohibited from doing that right now such as prohibited from texting while driving." 09700026.doc 86 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"Both digital photo and video were not included in that language and neither were accident scenes, only certain other areas like schools and construction areas. This adds those. This amends that Act and adds those two items."
"This would not prohibit a passenger in the vehicle though from taking video with their cell phone, would it?"
"No. This is only for those operating the cell… the car."
"Okay. Thank you for your responses."
"The Gentleman has moved passage of House Bill 1984. All in favor will vote 'yes'; opposed vote… Excuse me. The Lady from Cook, Representative Flowers is seeking recognition. Representative Flowers, are you seeking recognition on the legislation?"
"Yes, Representative. Will the Gentleman yield?"
"Indicates he will."
"Representative Holbrook, I'm sorry. This legislation, can you explain it again in regards to who could take the picture with their cell phone?"
"This prohibits you when you're driving your car to videotape or to use digital photos with your camera while you're driving at an accident scene as you're driving by."
"So, the only thing I cannot video while I'm driving is an accident scene?"
"That's what this Bill addresses."
"But if it's something else, I can video it?"
"I didn't change any other parts of the statute."
"Pardon me?" 09700026.doc 87 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"I didn't change any other parts of the statute."
"Okay. But if something else is going on in the course of the accident… if something else is going on in the course of the accident and I happen to be videoing and it just happened to be at the same place at the same time, how is that distinction made?"
"Well, it's only if you're driving the vehicle. When you're driving at an accident scene, you ought to be concentrating on driving not trying to videotape the accident."
"Some people have video cameras mounted in their cars. It has nothing to do with them driving. So, what about that? Then…"
"This only addresses wireless phones."
"Thank you."
"Further discussion? The Gentleman from Cook, Representative Zalewski."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates that he will."
"Representative, our analysis says that the Secretary of State wanted a clarification of what an emergency situation is. Is that accurate?"
"I spoke to them and they've never given me any language and at this point, if it's a site, they asked me and I said if the lights are flashing and if there's some type of signs or flares up that should be good enough."
"Okay."
"And they've never come back to me with anything else." 09700026.doc 88 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"Thank you, Representative."
"The Gentleman has pass… has moved passage of 1984. All in favor will vote 'yes'; opposed will vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Morrison, Tracy, Winters, do you wish to be recorded? Mr. Clerk, take the record. 89 voting 'yes', 18 voting 'no', 0 voting 'present', House Bill 1984 is declared passed. 1985, Representative D'Amico. Read the Bill."
"House Bill 1985, a Bill for an Act concerning local government. Third Reading of this House Bill."
Speaker Mautino: "The Gentleman from Cook, Representative D’Amico."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1985 requires that sworn complaints against peace officers containing false information will be presented to the appropriate state's attorney for prosecution. I encourage an 'aye' vote."
"The Gentleman has moved passage of House Bill 1985. 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 Collins, do you wish to be recorded? Representative Collins. Mr. Clerk, take the record. 107 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 1985 is declared passed. House Bill 2045, Representative Rosenthal. Out of the record. Representative Lang, House Bill 2073. Read the Bill."
"House Bill 2073, a Bill for an Act concerning finance. Third Reading of this House Bill." 09700026.doc 89 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"Representative Lang, first Bill."
"Thank you, Mr. Speaker, Ladies and Gentlemen. This Bill came from the Job Creation Task Force modeled after legislation passed in Texas which would allow for DCEO, by appropriated money only, to create a small… a grant for small businesses to create new jobs, to help relocate businesses into the state, looking for small businesses to create 100 or fewer jobs and particularly priority for businesses creating renewable energy technology. This is by appropriation only."
Speaker Mautino: "Further discussion? The Lady from Cook, Representative Nekritz."
"Representative Lang, is this a good Bill?"
"It is an excellent Bill."
"Thank you."
"Representative Mulligan, the Lady from Cook."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"What does IDFA do? Don't they do that?"
"They might, Representative."
"You don't know?"
"I don't know. That's not part of my Bill."
"And wasn't this Representative Bassi's Bill last year that you objected to and that the Democrats wouldn't let out?"
"I… I don't think I objected to any of Representative Bassi's Bills."
"But it's a good Bill this year, correct?" 09700026.doc 90 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"Listen, I just told Representative Nekritz it's a good Bill."
"Well, I didn't think you'd stand up on the House Floor and say it was a bad Bill. It just seems interesting to me that last year the Democrats didn't like it too much and this year you're the Chief Sponsor. That's always interesting. I… I like that scenario sometimes. It's…"
"This came from the Job Creation Task Force. And if I stole a good Bill from Representative Bassi, that'd be a good idea too, right?"
"Yeah. I mean, I just… that's… that's the…"
"Would you like to be on this Bill as a cosponsor?"
"…the general matter. I'm going to have to look for it because I backed IDFA and… when it was first put out there particularly for women small business owners and it was a very… it was a very good way to put money into small business. I… I'm just wandering if they're defunct now, but that goes back to Representative Morrill, which was a really long time ago, Representative Krause and myself, when we put those things out. So, this is a very interesting Bill. Yes, I may decide I'm going to sign on to this."
"Thank you, Representative."
"And with that, 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 Verschoore, Representative Dugan, do you wish to be recorded? Mr. Clerk, take the record. 107 voting 'yes', 0 'no', 0 voting 'present', House Bill 2073 is 09700026.doc 91 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 declared passed. House Bill 2083, Representative Lang. Mr. Clerk, read the Bill."
"House Bill 2083, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"The Gentleman from Cook."
"Thank you, Mr. Speaker. This also came from the Job Creation Task Force. It does three things. First, it requires DCEO to keep on their website a list of all incentives that business could look to and apply for. Second, it requires them to… when a business leaves the State of Illinois, to survey them and ask them why they left. Maybe we'll get some interesting information as to why business are leaving the State of Illinois. And third, this would require DCEO to work with our universities in our state that have engineering schools to help create public-private partnerships between the universities and local businesses to provide graduate students in engineering to them to provide for new opportunities which inevitably will grow jobs. I ask for your support."
"The Gentleman has moved passage of House Bill 2083. All those 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 Davis, Representative Kosel, do you wish to be recorded? Representative Kosel. Mr. Clerk, take the record. 106 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 2083 is declared passed. Representative McAsey, House Bill 2099. Read the Bill." 09700026.doc 92 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"House Bill 2099, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"The Lady from Will, Representative McAsey."
"Thank you, Mr. Speaker, Members of the House. This is legislation that I bring before you having gotten to know a family in my district in Crest Hill who lost an infant daughter to Sudden Infant Death Syndrome. Their daughter passed away while in child care. What our legislation seeks to do is, going forward, have professional development requirements for licensed child care providers who care for infants… education requirements with regard to Sudden Unexpected Infant Death, Sudden Infant Death Syndrome and safe sleep practices. With safe sleep education over the last 15 years, SIDS has declined 68 percent here in… or well, nationally. And with your support today, I hope to be able to continue that and have a… safer outcomes for children. I appreciate your support."
Speaker Mautino: "The Lady moves passage of 2099. On that question, the Gentleman from Jackson, Representative Bost."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"Representative, and I'm not in disagreement with your Bill, I'm just trying to find out, who provides this training?"
"Actually, there are a number of opportunities available to receive the training. There are the Regional Child Care Resource and Referral agencies provide training. The agency that I worked with SIDS, Sudden Infant Death Services of Illinois, provides training. They provide 09700026.doc 93 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 training in person in regions all over the state. There are also on-line modules that are available…"
"Okay, okay. So…"
"…for child care providers as well."
"…so, it doesn't matter where you're at in the state. Even if you're a deep rural area and you have a day care, you can still get the training."
"Absolutely, yes."
"Okay. All right. Thank you."
"Thank you."
"The Lady from Cook, Representative Mulligan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates that she will."
"Representative, of the various organizations support this, do they provide training free to these groups so that there's no charge?"
"It's my understanding that Sudden Infant Death Services of Illinois that the trainings that they provide are free that the online training that is provided that that is… there is no cost to the individuals who participate in that."
"Well, I would hope that that would be the case 'cause I think that might be a little bit of a hardship on some of these groups to have that done, but I would think there would be plenty of people that would offer to do it for free."
"And it's my understanding that this is available for free. I would also mention that there is a professional development requirement for licensed child care providers 09700026.doc 94 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 that occurs right now and what we're adding in is to say that part of that needs to be education in this area."
"So, would that fulfill part of that requirement?"
"It would, it would."
"Okay. Thank you."
"The Lady has moved passage of House Bill 2099. All in favor will vote 'yes'; opposed will vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Dunkin, do you wish to be recorded? Mr. Clerk, take the record. 107 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 2099 is declared passed. Mr. Clerk, page 9 of the Calendar is House Bill 2086. What's the status of this Bill?"
"House Bill 2086 has been read a second time, previously. No Amendments. No Motions filed."
"Place this Bill on Third Reading and read the Bill."
"House Bill 2086, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Davis on House Bill 2086." Davis, M.: "Thank you, Mr. Speaker. House Bill 2086 merely says that any child who is suspended or expelled has a opportunity to attend an alternative school if the alternative school chooses to accept that child. According to our State Constitution, we are to educate children until they're the age of 21. I ask for your support."
"The Lady has moved passage of House Bill 2086. And on that question, the Gentleman from Jasper, Representative Reis is seeking recognition." 09700026.doc 95 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"Representative, there was some good discussion about this Bill in committee and there was some opposition. Have you reached out to those folks to try to make this a more neutral Bill?" Davis, M.: "Well, some people felt that it shouldn't just say 'at-risk students', that it should say 'all students'. And we found that to be a bit difficult because you'd have to amend another Section of the School Code."
"That was our understanding that you're Bill is affecting the wrong Section of statute and…" Davis, M.: "If you were going to have 'all children', then it would affect the wrong statute. But this… this Section merely says students at risk, so we could do a Bill later for all children."
"The School Management Association still says that your Bill's doing the wrong… you're trying to do a good thing, but in the wrong Section. Your Bill's just not drafted properly. And it was our understanding that you were going to work with the School Management Alliance to try to get this worded correctly." Davis, M.: "No, that…"
"High School Districts Association are still in opposition, Adult Education, LUDA, LEND, SCOPE. All of them think that the Bill's not worded correctly." Davis, M.: "Well, that's if you were trying to make sure that 'all students' could participate and my Bill says those who are at risk. And at-risk students…" 09700026.doc 96 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"Representative, they know that, but they still say your Bill's worded wrong." Davis, M.: "Well, it was drafted by LRB just as all of our Bills are drafted by LRB and I found… it… it does…"
"I've had some mistakes with mine too." Davis, M.: "…it does what we want it to do."
"To the Bill. Ladies and Gentlemen, and I would ask, Mr. Speaker, if this Bill gets the… I would ask, Mr. Speaker, if this Bill gets the requisite number of votes, that we do a verification."
"Yes. Your… To the Sponsor, there has been a request for verification. Yes, Sir, that has been acknowledged and it will be granted. Further discussion? The Lady from Cook, Representative Mulligan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"Representative Davis, if my memory serves me correct from past discussions on this type of Bill in years gone by, is there any student that would be ineligible for what they would have done to be suspended or if they're deemed dangerous to the rest of the population? Who would make that decision?" Davis, M.: "The director of… excuse me… I mean, the alternative school would make the decision. The alternative school could make a decision to accept or not accept a child, but they could not base it solely on expulsion or suspension. They could base it on many other things. They could base it on not feeling safe with the student. They could base it on not having enough seats in the alternative school. They 09700026.doc 97 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 could base it on other things. They still have the option of accepting or not accepting that student."
"All right. So, say, if a student was expelled because they brought a weapon to school. They could say that that child was not eligible to be in the alternative school." Davis, M.: "That is correct. That would be up to the director."
"All right. Thank you."
Speaker Mautino: "Further discussion? The Gentleman from Champaign, Representative Rose."
"Will the Lady yield, please?"
"Indicates that she will."
"Thank you. Representative Davis, I understand that you had agreed to amend this to the correct Section of the Code. Is that accurate?" Davis, M.: "No. We did have a discussion outside of committee and we had a discussion on the House Floor where Representative Eddy feels that all students should be able to take part in this opportunity."
"But it's not… but it's not in the current…" Davis, M.: "Hold on… well… hold on."
"…it's not in the right part of the Code, though. Okay." Davis, M.: "The State Board of Education… now, listen very carefully, Rose."
"I'm listening." Davis, M.: "The State Board of Education…"
"Davis, I'm listening." Davis, M.: "Listen, 'cause you're talking to somebody else. Now, I want you to get this straight. The State Board of 09700026.doc 98 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 Education drafted a piece… an Amendment for me and that Amendment said that every student who was expelled or suspended had to be immediately transferred to an alternative school. Now, you and I both know that's a ridiculous piece of legislation because every district doesn't have an alternative school."
"But… but… right. But… but…" Davis, M.: "Nor did it capture…"
"…that's a good for…" Davis, M.: "…the intent of my legislation."
"Okay. But my point is, is this in the right Section of the Code?" Davis, M.: "If it's not, then the lawyer who abused these in LRB will let us know."
"Listen… I don't know. Okay. Representative Eddy, who's a school superintendent, said it's not in the right Section of the Code." Davis, M.: "If you want to include all children, the se… Listen carefully now. The Section that this is in states students who are at risk. What is an at-risk student? An at-risk student is a student who is two years or more below level."
"It's…" Davis, M.: "So, hold on. If you want to include all students, then you would put it in a different Section. This legislation that I'm proposing does not include all students. It only includes the at-risk student."
"Well… Okay. So, Representative Eddy's not here today. He's a school superintendent. He's the guy who said in caucus this isn't even in the right Section of the Code. 09700026.doc 99 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 Could you pull it 'til next week and he gets back and at least verify whether they're in the right Section or not?" Davis, M.: "I'm sorry. I didn't hear you."
"Can you… can you pull it from the record until Representative Eddy gets back next week and we can determine, over the weekend, whether we're in the right Section of the Code." Davis, M.: "I'll be happy to pull it because you…"
"Thank you." Davis, M.: "…don't have the correct information."
"I…" Davis, M.: "Mr. Speaker, kindly pull this from the record…"
"Mr. Clerk…" Davis, M.: "…until…"
"I… I…" Davis, M.: "…Representative Rose gets the correct information. Thank you, Sir."
"Mr. Clerk, please take this Bill from the record. Okay. It is the intent to go to Motions in Writing on page 17 and 18 of the Calendar. Permission of the Body, we're going to take them all in one Motion. Pursuant to House Rule 60(b), Hou… and this will include House Bills 191, House Bill 1097, House Bill 1098, House Bill 1214, House Bill 1322, House Bill 1481, House Bill 2102, House Bill 3359. And the Motion is, pursuant to the House Rule, move to table those Bills aforementioned. All in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'yeses' have it. And those preceding Bills have been tabled. The Gentleman from Lee, Representative Jerry 09700026.doc 100 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 Mitchell is seeking recognition. The Lady from Cook, Representative Connie Howard is seeking recognition."
"Thank you very much, Mr. Speaker. In conjunction with women's history month, I'd like to tell you about a very great woman that I've always admired. Toni Morrison, born Chloe Anthony Wofford on February 18, 1931 is a Nobel Prize and Pulitzer Prize winning American novelist, editor and professor. Her novels are known for their epic themes, vivid dialogue, and richly detailed black characters. Among her best known novels are, The Bluest Eye, Song of Solomon and Beloved. Toni Morrison was born in Lorain, Ohio, the second of four children in a working-class family. As a child, Morrison read constantly. Among her favorite authors were Jane Austen and Leo Tolstoy. Morrison's father told her humorous folktales of the black community. Morrison attended Howard University where she received a Bachelor of Arts in English. She then earned a Master of Arts degree in English from Cornell University. After graduation, Morrison became a English instructor at Texas Southern University in Texas. As an editor for Random House, Morrison played a vital role in bringing black literature into the mainstream, editing books by authors such as Toni Cade, Angela Davis and Gayl Jones. Her first novel, The Bluest Eye, is about a black girl who longed to have blue eyes, which was chosen as a selection for Oprah's Book Club. Her second novel, Sula, was nominated for the National Book Award. Her third novel, Song of Solomon, brought her national attention. This book was a main selection of the Book-of-the-Month-Club, the first novel by a black writer 09700026.doc 101 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 to be so chosen since Richard Wright's Native Son. It won the National Book Critic Circle Award. She won the Pulitzer Prize for fiction and the American Book Award for novels… for the novel Beloved. When she was awarded the Nobel Prize in literature, her citation read: Toni Morrison, who in novels characterized by visionary force and poetic import, gives life to an essential aspect of American reality. She went on to receive numerous additional awards in later years and taught at prestigious universities including the State University in New York and Princeton University. Toni Morrison has earned her place in literary history. She is a legend in our time and I urge you all to read her works. Thank you for your indulgence."
"Mr. Clerk, Adjournment Resolution."
Clerk Mahoney: "Senate Joint Resolution 28, offered by Representative Lang. RESOLVED, BY THE SENATE OF THE NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that when the two Houses adjourn on Thursday, March 10, 2011, the Senate stands adjourned until Monday, March 14, 2011 at 2:00 p.m., or until the call of the President; and the House of Representatives stands adjourned until Tuesday, March 15, 2011 at 12:00 noon, or until the call of the Speaker."
Speaker Mautino: "Representative… Representative Lang moves adoption of the Adjournment Resolution. All in favor say 'yes'; opposed 'no'. The Adjournment Resolution is adopted. Mr. Clerk, Agreed Resolutions." 09700026.doc 102 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011
"Under Agreed Resolutions is House Resolution 163, offered by Representative Gabel. House Resolution 165, offered by Representative Franks. House Resolution 166, offered by Representative Cole. House Resolution 167, offered by Representative Cole. House Resolution 168, offered by Representative Cole. House Resolution 169, offered by Representative Tracy. House Resolution 170, offered by Representative Tracy. House Resolution 171, offered by Representative Tracy. House Resolution 172, offered by Representative Hernandez. And House Resolution 173, offered by Representative Mendoza."
"Representative Lang moves adoption of the Agreed Resolutions. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Agreed Resolutions are adopted. And now, allowing perfunctory time for the Clerk, the House will… Representative Currie… Representative Lang moves the House will adjourn to Tuesday, March 15 at the hour of 12 noon. All in favor signify by saying 'yes'; opposed 'no'. The 'yeses' have it. And the House stands adjourned."
"House Perfunctory Session will come to order. Committee Reports. Representative May, Chairperson from the Committee on Environmental Health reports the following committee action taken on March 10, 2011: do pass Short Debate House Bill 2873; do pass as amended Short Debate House Bill 141, House Bill 1731, House Bill 2902, and House Bill 2903. Referred to the House Committee on Rules is Senate Joint Resolution 2, offered by Representative Howard. Introduction of House Bills-First Reading. House Bill 3753, offered by Representative Mayfield, a Bill for 09700026.doc 103 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 26th Legislative Day 3/10/2011 an Act concerning revenue. There being no further business, the House Perfunctory Session will stand adjourned." 09700026.doc 104