"House Perfunctory Session will come to order. Rules Report. Representative Currie, Chairperson from the Committee on Rules reports the following committee action taken on March 15, 2011: approved for floor consideration is Floor Amendment #1 to House Bill 160, Floor Amendment #1 to House Bill 178, Floor Amendment #2 to House Bill 297, Floor Amendment #1 to House Bill 1157, and Floor Amendment #2 to House Bill 1157, and Floor Amendment #1 to House Bill 1157, Floor Amendment #2 to House Bill 1425, Floor Amendment #1 to House Bill 1485, Floor Amendment #1 to House Bill 1531, Floor Amendment #1 to House Bill 1600, Floor Amendment #1 to House Bill 1602, Floor Amendment #2 to House Bill 1872, Floor Amendment #1 to House Bill 1981, Floor Amendment #3 to House Bill 2902, Floor Amendment #1 to House Bill 3289, Floor Amendment #1 to House Bill 3478, Floor Amendment #2 to House Resolution 84, and Floor Amendment #2 to House Resolution 86. Introduction of House Joint Resolution Constitutional Amendment-First Readings. House Joint Resolution Constitutional Amendment 29, offered by Representative Lang. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Section 8.1 of Article I of the Illinois Constitution as follows: ARTICLE I 09700027.doc 1 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 BILL OF RIGHTS SECTION 8.1. CRIME VICTIM'S RIGHTS. (a)To preserve and protect a victim's right to justice and due process, a crime victim shall have the following rights (1) The right to be treated with fairness and respect for the victim's dignity and privacy and to be free from harassment, intimidation, and abuse throughout the criminal justice process. (2) The right to refuse to disclose information that is privileged or confidential by law. (3) The right to timely notification of all court proceedings, including related post-trial proceedings. (4) The right to confer with the prosecution. (5) The right to be heard in person or in any other reasonable manner the victim chooses at any proceeding involving a post-arraignment release decision, plea, sentencing, post-conviction or post-adjudication release decision, or any proceeding in which a right of the victim is at issue. (6) The right to receive a report prepared for sentencing, reduction in sentence, parole, early release, or clemency, when available to the accused. (7) The right to be notified of the conviction, the sentence, any proposal that would reduce the sentence or result in release, the imprisonment, and the release of the accused. (8) The right to timely disposition of the case following the arrest of the accused, including related post-trial proceedings. 09700027.doc 2 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 (9) The right to be reasonably protected from the accused throughout the criminal justice process. (10) The right to have the safety of the victim and the victim's family considered in denying or fixing the amount of bail, determining whether to release the defendant, and setting conditions of release after arrest and conviction. (11) The right to be present at the trial and all other court proceedings, including related post-trial proceedings. (12) The right to have present at all court proceedings, subject to the rules of evidence, an advocate or other support person of the victim's choice. (13) The right to full and prompt restitution. (b)Definition. For the purposes of this Section, the term "crime victim" means a person directly and proximately harmed as a result of the commission of a criminal offense. In the case of a crime victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the crime victim or the representatives of the crime victim's estate, family members, or any other persons appointed as suitable by the court may assume the crime victim's rights under this Section, but in no event shall the accused be named as such guardian or representative. (c)A victim, the victim's lawyer, or the prosecuting attorney upon request of the victim may assert the rights enumerated in subsection (a) in any circuit or appellate court with jurisdiction over the case as a matter of right. The court shall act promptly on such a request. 09700027.doc 3 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 (d)The General Assembly may provide for an assessment against convicted defendants to pay for crime victims' rights. (e)Nothing in this Section or in any law enacted under this Section shall be construed as creating a basis for vacating a conviction. (f)Nothing in this Section creates any cause of action for compensation or damages against the State, any political subdivision of the State, any officer, employee, or agent of the State or of any of its political subdivisions, or any officer or employee of the court. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act."
Speaker Lyons: "Good afternoon, Illinois, and happy St. Patrick's week to everyone. The House of Representatives will come to order. We shall be led in prayer today by Pastor Shaun Lewis, who is the Illinois State Director of Capitol… of the Capitol Commission serving the political Leaders of Illinois. He's the guest of Representative Brauer. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and pagers, and rise for the invocation and the Pledge of Allegiance. Pastor Shaun Lewis."
"Thank you. If you'd bow with me in prayer. Father in Heaven, in the pages of scripture, You've revealed Yourself as the only wise God. Out of Your wisdom, You've established the institution of government 09700027.doc 4 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 with a noble purpose, and You've given each of these Representatives a noble duty. I thank You for them and I ask that You'd grant them wisdom that they would accomplish much today, give humility that they would work together, that our state would be blessed and that You would receive glory. Many here today are exhausted. I pray that You would uphold and comfort these men and women, watch over and protect their families, and use the trials they face each day to turn their eyes to Your son. In Jesus' name we pray, Amen."
Speaker Lyons: "Representative Michael McAuliffe, would you lead us in the Pledge."
"I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
"Roll Call for Attendance. Leader Barbara Flynn Currie, Democrats."
"Thank you, Speaker. Please let the record reflect the excused absence of Representative Dan Burke."
"Leader Michael Bost, GOP."
"Thank you, Mr. Speaker. Let the record reflect that Representative Mulligan and Representative Jerry Mitchell are excused today."
"Thank you, Representative. Mr. Clerk, take the record. There's 113 Members responding to the Roll Call. We have a quorum and we're ready to do the work for the people of the State of Illinois. Mr. Clerk." 09700027.doc 5 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011
Clerk Bolin: "Introduction of Resolutions. House Resolution 175, offered by Representative Mayfield. House Resolution 180, offered by Representative Brady. House Resolution 183, offered by Representative May. These Resolutions are automatically referred to the House Rules Committee."
"Mr. Clerk, what's the status of House Bill 1446?"
"House Bill 1446 is on the Order of House Bills- Second Reading."
"Read the Bill, Mr. Clerk."
"House Bill 1446, a Bill for an Act concerning State Government. Second Reading of this House Bill. Amendments 1 and 2 were adopted in committee. No Floor Amendments. No Motions are filed."
"Leave that Bill on the Order of Second Reading. Representative Roger Eddy, for what purpose do you seek recognition, Sir?"
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, you should have received an invitation tonight to the State House Inn from 5 to 7. Representative Chapa LaVia and I are hosting an event for early childhood education. It'd be something, I think, that would be a terrific thing to stop by. So, if you have time between 5 and 7, please stop by the State House Inn."
Speaker Lyons: "Representative Sara Feigenholtz, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. Today's a very special day in the State of Illinois. All of us have visitors from our districts. The Women are not Livestock group. My 09700027.doc 6 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 seatmate Elaine Nekritz is modeling one of their t-shirts. Thank you. Let's give them a big Springfield welcome. Women are not Livestock. Thank you."
"Representative Nekritz, you look awesome in that… that new style we have over there. Thank you for displaying that. Representative Mary Flowers, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. I would like the Body to welcome our new Senator, Senator Annazette Collins to the Illinois House."
"Congratulations, Annazette. I hope you know what you asked for. Good luck over there. We need all the help we can get. Keep an eye on them over there for us. Ladies and Gentlemen, I'll be starting on the top of page 17, on House Bills-Third Reading, top of page 17. Representative Mary Flowers, on the Order of Third Readings, you have House Bill 279. Mary Flowers. Mary, House Bill 279. Read the Bill, Mr. Clerk."
"House Bill 279, a Bill for an Act concerning public health. Third Reading of this House Bill."
"Representative Mary Flowers."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. House Bill 279 calls for no discrimination in regards to patients. And I'll be more than happy to an… answer any questions you may have."
"You've heard the Lady's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 279 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have 09700027.doc 7 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 113 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mussman, on page 17 of the Calendar, you have House Bill 1084. Read the Bill, Mr. Clerk."
"House Bill 1084, a Bill for an Act concerning State Government. Third Reading of this House Bill."
Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Mussman."
"Thank you, Mr. Speaker, and Members of the House. House Bill 1084 creates the Business Mandate Note Act. Provides that every Bill, the purpose or effect of which is to directly increase the cost of doing business in the state… Take it back to Second."
"Representative… Representative Mussman, is it your decision to move this Bill back to Second Reading?"
"Yes, it is."
"Mr. Clerk, on the request of the Sponsor, move this Bill back to the Order of Second Reading. Representative Phelps, on page 17 of the Calendar, you have House Bill 1170. Read the Bill, Mr. Clerk."
"House Bill 1170, a Bill for an Act concerning animals. Third Reading of this House Bill."
Speaker Lyons: "The Gentleman from Saline, Representative Brandon Phelps."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. This is an initiative of the Department of 09700027.doc 8 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 Agriculture. There is no opposition to this Bill. This is… the feds are not paying for this, so we're just trying to save money. I ask for an 'aye' vote."
"You've heard the Gentleman's explanation. Is there any questions? Seeing none, the question is, 'Should House Bill 1170 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mussman. Mr. Clerk, take the record. On this Bill, there's 113 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Phelps, you have, also, House Bill… Oh. Out of the record. Representative Flowers, you have House Bill 1478. Read the Bill, Mr. Clerk."
"House Bill 1478, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Mary Flowers."
"Thank you, Mr. Speaker. Once again, this is a handwashing Bill for all students. And I would urge your 'aye' vote."
Speaker Lyons: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."
"Thank you. Representative, could… could you kind of give Members an idea of why… why this is necessary? Don’t… Isn't… isn't this something that should be better handled by the Chicago city schools? Is this something that they… they don't already require?" 09700027.doc 9 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011
"Well, number one, Representative, you sit in the committee and so, therefore, you heard the testimony, number one. This is a state issue. After the… the breakout of H1N1 and the other MRSA, and the other contagious disease, the most important thing that it was announced that everyone should wash their hands. This is a public health issue. It's not a Chicago School District issue. And number two, you heard where some of the schools did not have running water. And so, for those reasons and for health reasons, it's very important that children should be able to wash their hands before they eat. When you think about the door knobs and the door handles… Now, when you and I go to various restaurants, we see in the bathrooms, it is mandated or there's a sign posted that all employees must wash their hands. When you think about the vegetables recall that we've had over the last few years, it was because people did not wash their hands. This is a public health issue. These are children growing up; it's very important that they should be able to do so. And I would, once again, urge an 'aye' vote."
"So, Representative, I… this is for the City of Chicago schools only."
"This Bill is for the City of Chicago only."
"The… the concern that they brought up is a practical one, and I'm not sure how they solved the problem because the Bill states that they… they wash their hands at a certain time, and that time is supposed to be before they consume any meal at school. How do… how do school children 09700027.doc 10 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 all have access to facilities at the same time before they eat to wash their hands in a… right then?"
"You know, Representative, I'm sure they all don't eat at the same time. There are stagnated times for students to eat, and I'm sure the schools would be able to work that out. I didn't think it was my place to put a time limit in regards to when a child should be able to wash their hands, but the fact of the matter is that a child should be able to for their own health sake, to wash their hands."
"Thank you, Representative. Ladies and Gentlemen of the House, to the Bill. No one is going to be able to argue with the fact that school children should wash their hands before they consume a meal. There are other times during the day that makes sense for children to wash their hands. The problem is implementing this in a practical manner and… and to be able to run a school efficiently and… and get hundreds of children through a lunch line, sometimes at the same time, it may not be practical. There may not even be space for children to be able to wash their hands all at one time and make it through lunch, and back to the classroom for instructional time. So, I… I understand what the Lady is trying to do. I hope we get to the point where children wash their hands when they need to, but I would urge people to vote 'no' on this because of the mandate is impractical to actually implement."
Speaker Lyons: "The Chair recognizes the Gentleman from Champaign, Representative Chapin Rose."
"Thank you. Would the… Representative Flowers yield, please?" 09700027.doc 11 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011
"Representative Flowers yields, Representative."
"Of course I would, Representative Rose."
"Thank you, Representative. You… you've said that the impetus behind this is because there are schools that have no running water. What… where are those schools and what are they… what are the names of those schools?"
"The unions testified last year that… I don't know where the schools are, but they testified that there were schools, and it was in the newspaper about a school that did not have running water."
"So, was that a temporary issue that the school didn't have running water?"
"I have no idea, Sir."
"Okay. So, we don't know if there are, in fact, schools with no running water in Illinois at this time."
"At this time, I cannot say emphatically…"
"Okay."
"…that those schools are out there at this time."
"Okay. So…"
"I cannot say that they are; I cannot say that they're not."
"Okay. 'Cause I'd be very surprised if there were schools without running water."
"I would not be surprised of anything, Sir."
"Okay. So, the… the next thing is, is this for all students K through 12?"
"I think this is for…"
"Last year's version was all students."
"Was it all students last year? Let me see." 09700027.doc 12 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011
"Yeah. I… I don't believe it provides, which means it is everyone."
"It's probably the same, Representative."
"Yeah. And again, I… I would repeat…"
"It says the board shall require that all students…"
"Okay."
"…wash their hands. Yes."
"Representative Flowers, I've actually no problem with instilling good hygiene habits in kindergarten/first graders. I have a real problem telling grown adults, which would be seniors in high school who obtain the age of 18, that someone is going to watch them wash their hands, a."
"No one is going to watch them wash their hands, Sir."
"B… No, that's what I asked you last year, how was this enforced. And last year, the answer to the enforcement question was, the teachers will stand there and check them off a list as they wash their hands."
"Well by law, teachers are supposed to be standing there watching the students anyway so they will not be just watching them wash their hands. It is that teacher's responsibility to watch the students and monitor the bathroom. That is already…"
"And…"
"…the law."
"And how is… what happens if the 6-foot-6 captain of the football team, who's now 18 years old, tells the 5-foot-2 teacher that he's not going to wash his hands?"
"Well, then, you know what, Representative, there's no consequences for that student's action. And so, if that's 09700027.doc 13 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 what he choose to do that's his business, because no one is going to make a child…"
"But you've required…"
"But the fact of the matter is this…"
"Well, no…"
"…this legislation…"
"…but your Bill requires that…"
"…would allow a child who wants to wash their hands to do so."
"But can't they do that right now?"
"No, they cannot."
"What? Wait…"
"No, they cannot, and that…"
"You mean to tell me…"
"…is the reason why…"
"…that if I said…"
"…for the last seven years…"
"…if I sit down to wash my hands…"
"…I've been carrying this legislation…"
"…the teacher can tell me no?"
"…because children want to do what their parents have taught them."
"No."
"Their parents have taught them before you eat…"
"Rep…"
"…you should wash your hands."
"Representative Flowers…"
"And so, when they go to school, they can't have…"
"Representative Flowers…" 09700027.doc 14 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011
"…the same opportunity."
"…I don't believe for a minute that there's a school in Illinois that would say, no, you can't wash your hands before you eat lunch."
"Well, Sir, if you don't believe that, you should support this legislation and look at what you and others…"
"And… and again… No, I'm not going to support it because we're telling teachers that they're on the hook for kids who say, no, I'm not going to do it. I mean, when are teachers supposed to teach?"
"Representative, that is a part of teaching, and in the public health section of the School Code, there's certain things that you're supposed to do as far as hygiene is concerned and washing hands should be a part of that…"
"Then this Bill is redundant."
"…and I am making that a part of that particular…"
"Well…"
"…section."
"…as always, I appreciate the debate, Representative…"
"And… and…"
"…but to the Bill, Mr. Speaker. Once again, we are mandating, as part of a nanny state, what teachers do and I mean, teachers are supposed to be teaching math. Teachers are supposed to be teaching speech. Teachers are supposed to be teaching English. Teachers are supposed to be teaching all kinds of things. Now, we're going to have teachers standing there… This is the answer to last year's question, how do you even enforce this. Well, it's simple, the teachers just stand there and check them off as they 09700027.doc 15 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 wash their hands. This is silly on its face after you get out of the first grade, maybe the second grade… maybe the second grade. But it's silly on its face after you get out of the first or second grade. I mean, at some point in time, we got to let kids grow up and if they're not going to wash their hands, they're not going to wash their hands. I reject wholeheartedly the notion that a kid who wants to wash his hands will be told anywhere in the State of Illinois, they can't wash their hands before lunch. We now have… we're told other schools, no running water, but we can't identify by name any schools that don't have running water. This nanny state stuff has got to end. It absolutely has to end. Teachers should be teaching. We should not be penal… I mean… I mean, what do you do when a 6-foot-6 captain of the football team, who's already 18 years old says, no, I'm not going to wash my hands? How are you going to enforce that? And with… with all due respect to Representative Flowers, and I do respect Representative Flowers, I don't think that the State of Illinois should be demanding that seniors in high school… I mean, it's just silly for us to stand there and have… to tell teachers, who would actually… we're not… we're demanding the teachers stand there and watch a… a senior in high school wash his hands. Don't the teachers have something better to do with their times? This is silly on its face. If somebody says it's a public health consideration, as far as I'm concerned, it's a Century Club consideration. This Bill, and for all the freshmen here 09700027.doc 16 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 who haven't see Century Club, I would suggest this is a perfect candidate for it. So, thank you, Mr. Speaker."
Speaker Lyons: "No one seeking further recognition, Representative Flowers to close."
"Mr. Speaker, Ladies and Gentlemen of the House, this is a public health issue. Whenever there's an outbreak in the school, the schools are closed, the children are sent home. There's a huge cost because now the schools have to wash down the lockers, wash down the school desks, when simply, it could have been avoided had the child and the children had the opportunity to do something as simple as wash their hands. When there was the outbreak of the flu, the public health came out and said the most important thing that you could do in order to protect your life is to wash your hands. It's part of the teaching, and the public hygiene is the washing of the hands. These are the same children that grow up to become doctors, hospitals, work in our restaurants, and we want them to learn the hygiene, or learn how to protect themselves, and protect us as consumers. This is a very simple Bill. There is no cost factor. It is about education. And I really would appreciate, for the health of the children, an 'aye' vote. Thank you."
"The question is, 'Should House Bill 1478 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Burns. Representative Franks. Representative Jackson. Representative Sullivan. 09700027.doc 17 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 Mr. Clerk, take the record. 47 'yeas', 63 'nays', Representative Flowers."
"Postponed Consideration."
Speaker Lyons: "Mr. Clerk, put this Bill on Postponed Consideration on correct… on request of the Sponsor. Representative Acevedo, on the Order of Third Readings, on page 17, you have House Bill 1599. Out of the record. Representative Feigenholtz, you have House Bill 1686. Representative Sara Feigenholtz. Read the Bill, Mr. Clerk."
"House Bill 1686, a Bill for an Act concerning liquor. Third Reading of this House Bill."
"Representative Feigenholtz."
"Thank you, Mr. Speaker. This is a piece of legislation that is… would allow a retail establishment, which is located at Ashland and 15th Street in Chicago, to sell alcohol. It's a school waiver. Currently, there is a letter from the principal of the school as well as other interested parties in the community that are supportive of it. I'd be glad to answer any questions."
Speaker Lyons: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, how far… how far is the Costco building? I mean, is it… is it within some kind of reasonable exclusion distance? Is it 100 feet away? Is it…"
"It's at least 60 feet away, Representative Eddy."
"Sixty feet?" 09700027.doc 18 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011
"Correct. At least 60 feet is what my analysis says."
"Okay. And you said you had a… a record on file from the principal that there… there's not a problem that… with… with the school related to the… the waiver?"
"So, it's actually, Representative Eddy, somebody just informed me that it's… there's an additional parking lot, and then there's 60 feet. So, it's significantly larger."
"So, is… the distance is measured, not from the front of the store, but from the beginning of the parking lot. And if you add the parking lot with the 60 feet, does it become farther than 100 feet?"
"I'm sorry, I cannot hear you. Mr. Speaker, could you get some order in here?"
"All right. Ladies and Gentlemen, as usual, the first hour we have a high level of noise on the… on the floor. Shhhh. We have a discussion on a Third Reading Bill. Shhhh. Thank you very much. Representative Eddy."
"Thank you, Mr. Speaker. I… I'm trying to figure out how close the establishment is to where the students would be and the question is, does the parking lot space of 60 or 65 feet add to the distance from the front of the retail store, so this is still over 100. Where do they measure from?"
"It was measured from the edge of the parking lot."
"And that's about 65 feet, so… so, the actual front is 65 feet of the 100 feet that is normal." 09700027.doc 19 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011
"Correct."
"And that the principal of the school has indicated by letter, by written letter, that they don't have a problem with this exclusion."
"I believe that that is correct."
"And you're not aware of any community members or… or issues at local school councils or… or boards where there's been any type of objection to that?"
"None whatsoever."
"Okay."
"I believe that the community is ready for the creation of a very significant number of jobs to this area, which as you know and Members of this Body know, is very sorely needed."
"Representative, thank you for the answers. I think it's difficult sometimes with some laws that are specific to try and… and meet all the conditions, but if you have the waiver and the principal seems to be okay with it, then I think once in a while we need to look at that when we… when we establish jobs. Thank you."
"Thank you."
"The Chair recognizes the Gentleman from Cook, Representative Jim Durkin."
"Will the Sponsor yield?"
"The Sponsor yields."
"Representative, this is really intended for the big box retailers, correct?"
"I'm sorry, Jim, what?" 09700027.doc 20 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011
"This is… this is tailored and this exemption is just for the big box retailers, correct? It's not these bars, or these, you know, liquor stores that have taverns that are attached to it, correct?"
"It's just… it's one store. No, it's not…"
"I understand. I just want to make sure that we're not going to allow some of these little… you… you know, these… these small shops that have a… they're part tavern, part retail operation. This is not the ones that are going to get the exemption. This is a large retailer, the way I looked at the language, that has to have a significant amount of parking space and… and a significant amount of square footage, correct?"
"Correct."
"Great. Thank you. I'm going to support your legislation."
"Representative Feigenholtz to close."
"Ladies and Gentlemen, the alderman of the ward has had numerous meetings. The community is supportive of this. I believe that, as I said earlier, these are important jobs in these struggling times, so I'd appreciate your support on this Bill."
"The question is, 'Should House Bill 1686 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 65 Members voting 'yes', 47 voting 'no'. This Bill, having received the Constitutional Majority, is 09700027.doc 21 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 hereby declared passed. Representative Bob Rita, on the Order of Third Readings, on page 17 of the Calendar, you have House Bill 1889. Read the Bill, Mr. Clerk."
"House Bill 1889, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Representative Rita."
"We might have to move this back to Second. There's an Amendment. I don't know if it was…"
"That's your choice, Sir. Do you want me to put this back on Second Reading?"
"Yes. Yes. Is there an… is that Amendment ready to go?"
"Excuse me, Representative Rita."
"There was an Amendment for this."
"We can either leave it on Third 'til a future date or put it on Second."
"Yes. Yes."
"Leave it on Third Reading?"
"Yeah."
"Leave that Bill on the Order of Third Reading. Representative Ann Williams, on page 17 of the Calendar, you have House Bill 2001. Read the Bill, Mr. Clerk."
"House Bill 2001, a Bill for an Act concerning safety. Third Reading of this House Bill."
Speaker Lyons: "The Lady from Cook, Representative Ann Williams."
"Thank you, Mr. Speaker. House Bill 2001 is an initiative of the Illinois EPA and is supported by the office of the Attorney General. The Bill amends the Environmental Protection Act, making it a Class IV felony 09700027.doc 22 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 for any person to knowingly, openly dump large quantities of waste, making the penalties consistent with the penalty already in law for the knowing unpermitted storage, treatment, or disposal of large quantities of waste. A large quantity of waste is defined as 250 cubic feet of waste or 50 or more waste tires. Currently, a violation is a Class A misdemeanor, regardless of the quanis… quantity of waste or number of tires dumped. The Bill is targeted to the waste hauling industry, specifically, the used tire hauling industry, professions that are required by law to know and follow the guidelines for the transport, current storage, and disposal of waste and used tires. Increasing the penalties will serve as a strong deterrent to those who knowingly skirt the law to line their own pockets, resulting in a huge taxpayer cleanup cost, public health risk, and serious environmental damage. I know of no opponents and ask for an 'aye' vote. I'm happy to answer any questions."
Speaker Lyons: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."
"Thank you, Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, is this your first Bill?"
"Yes, it is."
"Did… did you get permission from Representative Lang to run it at this time, because I don't see Representative Lang anywhere near striking distance."
"Exactly." 09700027.doc 23 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011
"So… let me… before we get started, you do have a red flower on. Is that… is that your attempt to comply with the red jacket rule with the red flower?"
"Yes, Sir. It's the best I could do."
"Well, we'll see how good that… that attempt is here in just a second. What… what are you trying to do here with tires?"
"Basically, under the current law, if you dump large quantities of waste tires, and 'large quantity' is defined as more than 50 tires, you are… and you illegally dump them, you are… can be convicted of a Class A misdemeanor, even with these huge quantities of tires. What this Bill would do would raise the penalty to make it a Class IV misdemeanor. Because what's happening is some of these waste haulers, rather than complying with the law and despite… disposing of tires appropriately, decide just to consider it a cost of doing business, dump the tires illegally, and then we the taxpayers are left to clean up…"
"So… so…"
"…and undo the damage."
"…the current… the current fine for someone who dumps over… How… how many tires are we talking about, generally? Are we talking about 10 tires, 20 tires? What makes up 250 cubic feet of waste?"
"Well, as you can imagine, it's difficult to measure tires in terms of cubic feet, so the statute, the law, defines them as 50… over 50, more than 50…"
"Waste…"
"…tires." 09700027.doc 24 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011
"… tires?"
"Waste tires."
"How do you define a waste tire? What if some of them are good, some of them have tread left on them? What if some of them are usable? What if somebody rummages through the pile… Who counts them? Who's actually on the scene to determine whether the tire's a waste tire or a good tire?"
"Well, waste is actually defined as any garbage, sludge, from treatment plant, water supply, air pollution control facility, or any other material. So, anything that is illegally dumped or as defined in the statute, open dumped, is considered to be waste."
"Well, one person's waste may be another person's treasure. Like, if one of those tires had more tread on it than some of the tires they're using on their vehicle, would that tire be a waste tire, or would that tire be reclaimable by someone? Have you ever been to any small town when they have days where they have garbage out on the curbs and they have cleanup days?"
"Well, again, this Bill would not apply to those sort of situations, as it only addresses the open dumping of large quantities, which is over 50 tires."
"What… what's the increase in fine? You said some businesses are just saying, oh, this is the cost of doing business. The current fine is 5000?"
"Yes. The current fine is $5000. However, the fine for unpermitted storage or disposal of waste, large quantities, is already a Class IV felony. So, we're just kind of closing the loophole." 09700027.doc 25 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011
"What's the increase to? How much are you going to…"
"Twenty-five thousand dollar fine."
"So, you think that would be a deterrent and these companies will pay a little more attention. What about… is there jail time involved here, or is just the fine increased?"
"Well, a Class IV pen… a Class IV felony carries with it the potential of jail time…"
"Who… who would be…"
"…between one to three years."
"…who would be the person that would do the jail time? The person that dumps the tires, or the owner of the business?"
"It would be the person who is knowingly engaging in the dumping of tires."
"So, the individual…"
"So, it would be them."
"…who may be working for a company that has over 50 tires might be responsible for the fine and jail time if they're ordered to do that by the owner of the business."
"Well, that would create a more complex case of the local state's attorney or the Attorney General…"
"I see."
"…as the case may be would have to determine…"
"Well, Representative…"
"…liability."
"…I still have a lot of concerns about this. I… I really am concerned about who is going to be the person to actually declare the tire a waste tire, but I'm going to 09700027.doc 26 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 listen to the rest of debate. At this point, I'm inclined to vote against it until you actually amend the Bill to determine who it is that's going to be inspecting the tires."
"The Chair recognizes the Gentleman from Saline, Representative Phelps."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, if I could have everybody's attention, I think that you will join me in this…"
"Shhhh."
"…and I think it's absolutely appalling that we're allowing a freshman to not wear a red coat, and you know what, folks, I have two. I have a choice of two, so you help me pick. Should it be Randy Ramey's coat, or should it be Representative Dugan's coat? All right, Dugan. Dugan it is. The red flower just doesn't cut it. Sorry, Representative Williams. Well, wait a minute. Okay. There you go. There you go. There you go. So, Representative Williams, a few questions. Would the Lady yield?"
"I'm not sure she will, Representative Phelps, but I think she'll take a question from you."
"Well, she could have worn Representative Ramey's jacket, so we gave her a break."
"Yes."
"The Lady yields."
"Is open dumping in Chicago with these tires, is this a problem in your district, or…" 09700027.doc 27 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011
"Yes, unfortunately, open dumping of used tires is a problem both in rural and urban areas."
"And, are you actually increasing the… the punishment on this as well?"
"As I stated earlier, we are kind of closing a loophole. Right now, if you openly, in a non-primitive fashion, store or dispose of large quantities of waste, you are subject to a Class IV felony, but if you openly dump large quantities of waste or over 50 waste tires, used tires, it is not considered a felony. And even if you dump huge quantities without a permit, knowingly, you are only subject to a Class A misdemeanor. And businesses are looking at this as a cost of doing businesses… cost of doing business, taking a risk and hoping they don't get caught."
"Wow. That was a lengthy answer. I wasn't listening 'cause I was trying to find you a jacket. So, with that, I'm going to give my time to Representative Lang when he gets back."
"Representative Jim Durkin."
"Will the Sponsor yield?"
"The Sponsor yields."
"Representative, one of the things that lawyers on the floor do is that we like to have a keen eye on definitions on certain Bills, particularly, when it's related to criminal law matters, which you are now proposing to us. Now, my analysis states that the… that it is a Class IV felony for any person to knowingly, openly dump more than 09700027.doc 28 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 250 cubic feet. Is there a definition for dump in your legislation?"
"Yes, Representative."
"What is the definition of 'dump'?"
"Open dumping means the consolidation of refuse from one or more sources at a disposal site that does not fulfill the requirements of a sanitary landfill."
"Oh. That's good. Now, here's… here's a scenario I want to run by you; 250 cubic feet or more, or more than 50 waste tires. Now, every holiday or parade, I see the Shriners on those miniature bikes that have those little wheels, and those are tires. Now, if the Shriners decide to upgrade the bikes and it turns out there's more than 50 of those small wheels, which they have to dispose in the garbage, would that be a Class IV felony illegal dump?"
"Well, the Bill does not differentiate in the size of the tire, so as long as there were more than…"
"I…"
"…50 tires dumped…"
"Oh, is there a…"
"…it would be…"
"…definition?"
"…that definition."
"Do you have a… a size limitation on those tires in your Bill?"
"There is no specification regarding the size of the tire, so, again, it's based on quantity." 09700027.doc 29 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011
"So… so, in a sense, in that situation, the Shriners would be avail… they would be… they would have Class IV liability exposure, correct?"
"Well, I have no doubt the Shriners would be fully compliant…"
"As would be…"
"…with all environmental laws."
"…elks…"
"Yes, Sir."
"…and the other types of fraternal organizations. I see it in the variety of clowns who use those small bikes. So, when they decide to upgrade, what you've done and now, you're turning them into felons. Is that what exact… I mean, is this what we're trying to do here in Illinois? Is this the right message we're sending to the… to those who participate in those… those all-American events that happen on Memorial Day and Fourth of July?"
"Again, I am confident that the Shriners and like- minded groups would be fully compliant with all environmental laws."
"I see. So, when that Shriner is brought in for questioning, who would be the… be the exclusive jurisdiction of the Cook County… of the county prosecutor, or would be the Attorney General?"
"It could be either."
"Wow. So, would that Shriner be… allowed counsel during any type of questioning if he's confronted by the prosecutor of whether or not those tires were illegally dumped?" 09700027.doc 30 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011
"Absolutely, like any other defendant in a criminal matter."
"Oh, I… oh, that's a good answer. He must be a lawyer. Would they be afforded counsel if they're… through a public defender or through a court, if they were brought in and they could not afford the attorney because they had paid, basically, they have no money left because of the upgrades into the small bikes with the small tires."
"I believe they would be provided with a public defense, Sir."
"Wow. Well, you know what? I mean, it's… you know, sometimes Bills are… you have unintended consequences. I'm going to support your Bill, but I tell you what, if I have a Shriner who shows at my front door, I'm going to direct him right to yours."
"Representative McAuliffe."
"Will the Sponsor yield?"
"The Sponsor yields."
"Representative, I can't see you. I know you're out here somewhere. Oh, there you are. Is there a difference in statute between open dumping or fly dumping?"
"Actually, I believe the term 'fly dumping' is a term of our… a slang term, if you will, for open dumping."
"Okay. Who gave you this idea for this Bill? Did you come up with this yourself?"
"I'm sorry. I didn't hear your question."
"Who gave you the idea for this Bill?"
"This Bill is an initiative of the Environmental Protection Agency." 09700027.doc 31 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011
"What does this Bill have to do with outer space?"
"As far as I'm aware, this will not impact any outer space issues."
"Wasn't… does this Bill have anything to do with Stanley Kubrick?"
"I am unaware of any correlation."
"Do you know who Stanley Kubrick is?"
"I believe he's a director."
"He was a director of a… of an outer space movie with a… with a music theme called 2001: A Space Odyssey. Is there any correlation between that Bill and this movie?"
"There is not. The numbers are assigned at random by the Clerk's Office."
"Have you seen the movie 2001: A Space Odyssey?"
"I have not."
"Well, I would suggest that if this Bill would pass, that maybe sometime when you get back home, then maybe that should be on your Netflix next choice. Thank you, Representative."
"Representative DeLuca."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative Williams, it says that open dumping is a problem in this Bill. What are they supposed to do with the tires, if they don't open dump them?"
"Well, there's a very extensive tire program in Illinois and right now, a licensed tire transporter needs to be registered with the EPA and a retailer will, when they have a… an extra used tire, when a customer returns 09700027.doc 32 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 the tire, when they purchase new tires, the registered tire transporter will take the tires to a licensed facility for recycling and management, and they pay the facility to accept the tires. So, it's a very strictly regulated industry and it's strictly regulated because of the dangers that large quantities of tires being dumped do provide, both in terms of public health and fire hazard."
"And normally when they're transported to these facilities, they’re transported in open top container. So, when they arrive at the facility and they dump them, does that… is that considered open dumping, because you are in a container with an open top. You're dumping it at a licensed facility, but you are open dumping. So, would… would you be in violation if you do that?"
"You would not be in violation because open dumping, as we discussed earlier, is specifically defined to mean dumping at an illegal site. And since that would not be an illegal site, it would not apply."
"At what kind of a site?"
"At a illegal site, a nonlegal site."
"Okay. And it has to be a quantity of 50 tires, that's correct?"
"More than 50."
"More than 50. So, if somebody was in a pickup truck and they had a bunch of tires loaded up in the back and they were driving down the alley, and they would just throw 1 or 2 tires off at a time, which if you counted them all up, it would probably add up to 55 tires. Are they in 09700027.doc 33 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 violation because they're not open dumping in one location. They're spreading them out throughout our whole community."
"Well, that's an interesting point. I think, again, that would be a… a judgment call based on the local state's attorney or AG. But again, it's the knowing open dumping. It has to be knowing, can't be accidently falling off the back of a truck, for example."
"Thank you very much for your answers, and thank you for wearing the proper attire."
"Representative Chapin Rose."
"Thank you. Will the Representative yield, please, Mr. Speaker?"
"The… the Sponsor yields."
"Thank you. Representative, all… all kidding aside, how many… how much is 250 cubic feet? Can you help me get my arms around that? What would that be?"
"Well, again, this Bill is directed at the tire issue, but 250 cubic feet is a large dump truck, basically, a large standard size dump truck of waste."
"But it's not required to be in a dump truck. It's just if you accumulate that much."
"It's… again, it's not an accumulation. That would be addressed under a separate statute pertaining to landfills. This is the dumping of the waste materials, or tires."
"So, would then… Okay. So, would a single circumstance or a single instance… What if I came out and I… I dropped off a bunch of stuff in my backyard and then came back, 09700027.doc 34 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 dropped off a bunch of more stuff and it all added up to 250 cubic feet?"
"Again, just a couple examples of what this Bill does not do. This Bill does not address or change the exemptions in the EPA Act for farms or personal residence, or change any of the rules regarding the storage on your property. I think your referencing more of a storage situation, and it's beyond the scope of this Bill."
"And… Well, except that it says storage in the… I mean, I'm… I'm reading the actual text and in a couple places it actually says… uses the phrase storage: waste storage, waste treatment or waste disposal operation a quantity that exceeds 250 cubic feet… that exceeds 250 cubic feet. So, actually, I would disagree a little bit with… with that interpretation, but if I… if I went out and somebody handed me 60 tires, you know, free tires, and I went home and put them in my back yard, would I be subject to a Class IV felony?"
"No. Again, you're talking about the storage of tires, which is different than open dumping. And this Bill only seeks to raise the penalties for open dumping, which is dumping into an illegal site."
"That, I guess, and that's my… what is the definition of 'open dumping'?"
"Open dumping is defined to me in the consolidation of refuse from one or more sources at a disposal site that does not fulfill the requirement of a sanitary landfill." 09700027.doc 35 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011
"Okay, but so, again then, if I collected 60 tires and went and threw them in my backyard, that would be open dumping."
"Well, technically, there are other provisions of the law that provide for the storage of tires, and you'd probably be in violation of those… those provisions of the law. This Bill really addresses the dumping…"
"Yeah. I don't believe I…"
"…which is the consolidation for many sources. And it doesn't apply, I don't believe, to the situation where it would be more of a storage situation."
"Well, at least you've created a legislative intent so somebody can throw that at the judge when they get arrested for… for this. But Representative, and again with all due respect, 'cause I do respect you and I know we've been friends for a long time, I politely wish this wasn't your first Bill 'cause I would really like to vote for it, but I… I don’t think I can because I just… I disagree with… I disagree with that interpretation because the way I read it and based on what you just said, if I put 60 tires out back, I'm guilty of a Class IV and… and I just don't know that that's where we want to be. So, thank you, Representative. I… I appreciate you addressing my serious questions."
Speaker Lyons: "Representative Mike Tryon. Representative Tryon."
"Thank you, Mr. Speaker. I rise to ask the Sponsor a question. Does she yield?" 09700027.doc 36 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011
Speaker Lyons: "She's prepared for your question, Representative."
"Thank you. Representative Williams, I want you to know that I'm not going to make a comment about your red jacket, or make any jokes about your red jacket, or ask if this law passes, if, in fact, you could dump your red jacket along with the tires and not get a fine. I'm not going to make any of those. I'm actually going to ask you some serious questions here. When we look at the way the law is currently structured and the operation of the current law, could not one easily say that somebody who has an existing permit is getting treated harsher than somebody who doesn't have a permit? Is that correct?"
"Yeah. The current law makes the distinction between permitted acquisition of waste in large quantities and the dumping of large quantities…"
"Right."
"…of waste."
"So, it's really bringing in open dumpers under the same penalty structure of people that are already permitted, correct?"
"That's correct."
"And we also know that tires, when they are discarded, are a source of encephalitis outbreaks. They breed mosquitoes that spread encephalitis, and… and there's a real public health reason to want to have our tires properly disposed of, correct?" 09700027.doc 37 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011
"Absolutely. In fact, the primary carrier of the West Nile virus, which is the Northern House Mosquito, is the same species that primarily inhabit used tires."
"Okay. Okay. I believe that you have a good Bill and I'm…"
"Thank you."
"…I thank you for bringing it forward and I will support it."
"Representative Dennis Reboletti."
"Thank you, Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, are you hoping for bipartisan support on this Bill?"
"I would welcome and embrace bipartisan support."
"I was checking your chief cosponsor list and Sponsor list. I didn't note any Republicans. Is there any reason for that omission?"
"Well, I do know that Representative Mathias is the hyphenated cosponsor."
"I'm sorry, Representative Math… Oh, I got confused. Sorry, Representative. I heard Representative Durkin speaking about some other things with regard to motorcycle tires. Would those also be included in this Bill?"
"That would be included, yes."
"With respect to a… on a serious note, Representative, I know that Representative Rose and DeLuca alluded to the aggregating of… the count of tires. I… I guess I am concerned about that. If you dump 25 tires in one vacant lot in one neighborhood and drove and dumped 25 09700027.doc 38 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 tires elsewhere, would those two be considered under one transaction or occurrence, or would that be two separate occurrences where they will be two different misdemeanors?"
"You know, I think, again, it's up to the local state's attorney, the Attorney General to make a determination as to whether it's one act that falls under the definition of open dumping."
"I… I would hope that whoever your Sponsor is in the Senate, if you're able to get it out of here, that you might talk to them about adding that in because I know that we deal with that with respect to retail theft and aggregating the amount of stolen merchandise or with regular theft, or we… I know that we've dealt with that with vandalism. So, many transactions or occurrences can equal this amount, 'cause otherwise you could dump 1 tire separately and never get to that 50, and… and that may be the case."
"That's a great suggestion."
"How prevalent is… how prevalent is this issue in… in the City of Chicago?"
"This is a big issue. In fact, the incident that led to the preparation of this Bill occurred in Marcum, and there was an extensive site which contained hundreds of used tires, which actually caught on fire. And the fire was the only way that the authorities were aware of this site. Cleaning up the tires alone cost taxpayers $300 thousand in that situation, and the entire site cleanup cost over a million dollars. So, yes, it's an issue both here and downstate." 09700027.doc 39 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011
"Who would you…"
"I mean, Chicago and downstate."
"…anticipate… who would you anticipate being charged in the case if… if it's… Would the truck driver be charged? Would the… would a helper be charged? Would the business owner be charged? How do you imagine this prosecution?"
"Well, I think that, again, it's the… the felony is actually for the open dumping and right now, if you have a registered tire transporter, those persons are licensed under… and registered with the EPA. So, it would apply to the person or individual actually doing the open dumping. So, if there are more than two people participating, both would be culpable."
"But through a theory of accountability, if I ordered my driver to go dump the tires, would you agree with me that you could probably charge the owner of the business, as well?"
"Well, the Bill doesn't change existing law with regard to that, it just raises the penalty. So, like any other criminal case, the local prosecutor would make that assessment, yes."
"Was the Italian-American Caucus okay with this legislation?"
"I have… they have not weighed in as far as I know…"
"When…"
"…but I'd appreciate their support."
"…Representative DeLuca spoke on it, I… I didn't see him on as a chief cosponsor, but I'll have to reserve 09700027.doc 40 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 judgment until I… I think Representative Durkin may have additional questions."
"Representative Karen May."
"Will the Sponsor yield?"
"The Sponsor yields."
"Yes, Representative, a lot of Bills have been assigned to the Ag. Committee recently. Bills about women and animals tend to go to Ag. Committee. What… what committee did your Bill come through?"
"Well, as you know, tires are not livestock, so it went through the E & E Committee."
"Tires aren't livestock either, not like women and livestock in the Ag. Committee. Do… do tires have a gender, was that how you avoided the Ag. Committee?"
"I… that's a good question, but I don't know the answer to that. I would say, no."
"Tires aren't livestock and we're not sure if they have a gender. Did you specifically need to ask the Rules Committee to avoid the Ag. Committee because of this lack of gender definition?"
"I made no special request on this Bill."
"Oh, okay. Thank you. Representative, while I really had the questions of the committee process around here, I do support your Bill. I am one of the Chief Sponsors, so if in a wonderful spirit of bipartisan any Republican asked to take my spot as a Chief Sponsor, I am willing to yield and move down, because we do need to deal with the overpopulation of tires in pastures and on city streets. Thank you." 09700027.doc 41 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011
"Representative Lou Lang."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Thank you. First, I'd like to know if that's your own red jacket or if you borrowed that."
"It would was loaned from Representative Dugan."
"Representative Dugan. I see. So, Representative, I was off the floor for part of the debate. I'm sure that made you happy, but I'm back. Glad… I'm glad to see you. So, I see in your Bill there's a difference between waste tires and used tires. Can you tell me what that means?"
"Well, this Bill doesn't change the definitions at all. It actually, in the definition of open dumping, it doesn't… doesn't differentiate in what is dumped. It's actually any refuse."
"Well, I know, but it is in your Bill. So, what's a waste tire and what's a used tire? You're not allowed to look at your notes, Representative."
"Well, I can certainly look up those definitions and let you know, if you'd like."
"You don't… you don't know what the difference is?"
"Actually, one moment. Waste tires means a used tire that has been disposed of, and used tire means a worn, damaged, or defective tire."
"So, how does a used tire, which is apparently worn, damaged, or defective tire, get disposed of?"
"Well, normally, the process works like this. When a consumer goes to a store to purchase new tires, they… they obviously don't need their old tires. The retailer pays a 09700027.doc 42 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 fee to a tire transporter, who comes and picks up the tire; again, they are registered; and they then deliver the tire to a licensed and registered processing facility where the tires will be stored properly and in compliance with the law."
"And so, you're not allowed to dump more than 50 waste tires, is that correct?"
"Correct."
"Is that at any one given time, or is this a lifetime deal, or how does that work?"
"I think the statute is designed to deal with open dumping… open dumping situation where a large quantity is dumped."
"So, I could dump 50 tires today, and 50 tires tomorrow in another location, and 50 tires tomorrow in a third location."
"Well, you'd probably be guilty of a lot of misdemeanors."
"I'm sorry."
"You'd probably be guilty of a lot of misdemeanors."
"And… and… so, I understand how you can count the 50 tires, but your Bill also talks about dumping more than 250 cubic feet of other waste at any one given time, correct?"
"Yes."
"So, are… are we going to have roadside stations like… when you go to the airport, right, they check the size of your luggage. You have to put it in a thing and if it fits, you can get on with it. So, are we going to have places where people can check how much 250 cubic feet is?" 09700027.doc 43 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011
"Well, we picked that standard because that does… that is an example of a large quantity that fills a standard dump truck, and that is also the size that is covered in the prior section of the statute related to nonpermitted storage of waste. So, we used the same… the same number to quantify waste."
"So, but… so, let's assume I'm a consumer. I'm me, or you're you, and you had a flood in your basement and now you've got all this waste you're trying to get rid of, all this junk, right? How do you know how much 250 cubic feet is just by eyeballing it?"
"Well, keep in mind that no matter how much waste we're talking about, you… if you dump it illegally or not in a appropriate facility, you are guilty of a crime, if you knowingly do so. So, whether it's a small amount or a large amount, it just depends on the severity of the crime that you are charged with, and that's kind of the point of the Bill."
"You know what, I think you're too good for me today, Representative. Congratulations."
"Representative Durkin, your name was used in debate."
"I… I have one last question. I've traveled the state and I've al… I've seen in a lot of places that sometime tires have an aesthetic value to property. So, if I have a landscape architect/designer comes to my house, spring is here, and he says I can do wonders with your house and it's going to require… with your landscaping, and it's going to require tires in access of 50. I can envision it; it's a 09700027.doc 44 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 possibility. Is that landscaper… would he be accountable under your law as a Class IV felon with the person who transports those 50-plus tires to my house for landscaping upgrades, be accountable, and would I also be accountable as a felon?"
"I think your inquiry goes beyond the scope of this Bill. This Bill would require an open dumping, and as we've discussed a couple different times, I don't believe that your scenario meets this definitional requirement."
"I would… I would disagree. And you obviously haven't created an exception for the landscape architect/design industry, so…"
"I'll consider that as a possibility over in…"
"I've heard that before…"
"…the Senate."
"…that they want to work on the Bill, send it over to the Senate, and see if we can find some compromise language, so good luck with that. But keep that in mind because, you know, like I said there's some really fascinating things that people have done with waste tires throughout the State of Illinois with their properties and, you know, we're looking for ways to upgrade property value since the… our structures have taken a dive over the last year."
"All right. The final two speakers will be McCarthy and Winters. Representative McCarthy."
"Sorry, Mr. Winters, I move the previous question."
"You want… would you mind withdrawing that so Representative Winters could be the last questioner? I… 09700027.doc 45 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 Okay, Kevin. Okay. Representative Winters, you are the final speaker."
"Thank you, Mr. Speaker. And this actually is a serious question, if the Sponsor will yield."
"The Sponsor yields."
"It says open dumping. What is the definition of that of the tires? I'm particularly concerned about the tires."
"The tires? Again, open dumping is broadly defined to cover all waste, but we specifically talk about tires in terms of more than 50 tires."
"Okay. If I have a racetrack in my district that has a million tires stacked up around the outside of curves as a means of protecting the drivers, they often get a semi load of tires coming in here. Now, it is knowing, they know that the tires are on their way, but if a… if a truck shows up and heard that this racetrack needed additional tires… By the way, each are properly drilled so they will not hold water for the mosquito hazard. If… if a recycler of tires has a supply, knows that this racetrack is in fact a potential market, shows up in the gates' lot and they say well, I came 100 miles, I'm going to dump the tires. Is he then covered by this Bill and would be susceptible to a fine and a conviction?"
"That's an interesting scenario. I believe the racetrack that you're referencing probably is compliant with the EPA rules regarding the storage of tires, so I'm guessing your scenario involves more of a delivery situation. So, it's unlikely that they would be charged under open dumping by a state's attorney." 09700027.doc 46 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011
"Even… even if they did not have the knowledge of the owner of the racetrack. They just pulled up, dumped the tires, probably off the right-of-way, but depending on where the gate is, you… you feel that they would be safe in that cond… in that sense because they have an alternate market there?"
"Well, I'm not sure. Open dumping, like I said, has been… we've discussed it several times, how it's defined, and there is a knowing… knowingly standard in the… written in the Act. So, if it is done knowingly in violation of the Act, they would potentially be liable."
"Well, I'll… I'll make sure that I warn the racetrack owner to never close his gates because he may be causing one of his suppliers some legal problems because of this Bill. So, very… very complicated Bill for a freshman to handle, but you've done well. Thank you."
"Thank you."
"Representative Williams to close."
"Again, thank you for all your interesting questions. I appreciate your interest in this issue and urge you to join me as a cosponsor if you're so interested. Again, this Bill just kind of even… just evens the playing field for those who openly dump large quantities of tires, to make it consistent with the already existing provisions in the law related to the nonpermitted storage of waste tires. And I ask for your support."
"The question is, 'Should House Bill 2001 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? 09700027.doc 47 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 84 Members voting 'yes', 28 voting 'no', 1 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Congratulations, Representative Williams. Representative Unes, for what purpose do you seek recog… seek recognition?"
"Thank you, Mr. Speaker. I rise for a point of personal privilege."
"Please proceed."
"Mr. Speaker, with us today is a group from the Pekin, Illinois, Chamber of Commerce. It's the Pekin Leadership Academy Class. I'd like them to rise and be recognized. Welcome to Springfield."
"Welcome to Springfield. Enjoy your day. Glad to have you. Mr. Clerk, what's the status of House Bill 1884?"
"House Bill 1884 is on the Order of House Bills- Second Reading."
"Move that Bill to the Order of Third Reading."
"House Bill 1884, a Bill for an Act concerning transportation. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Thank you for reading it into the record, Mr. Clerk, and put the Order of Third Reading. Representative Moffitt, for a purpose of an announcement." 09700027.doc 48 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011
"Yes, Mr. Speaker, a point of personal privilege. Thank you, Mr. Speaker. I'd like to make mention of a rare and honorable and extremely proud moment that my seatmate had last week. Last Thursday, Representative Sacia had an excused absence and there's a very good reason. After nine years in the army, three combat tours in Afghanistan and being a company commander of an Apache helicopter, he graduated as now a pilot, F-16 fighter pilot in the United States Air Force. He was there. Let's honor him."
Speaker Lyons: "Congratulations, Representative Sacia. Representative Kevin McCarthy, purpose of an announcement."
"Thank you, Mr. Speaker, and I appreciated Representative Moffitt's announcement right before this, but I would like the… the Body to give some attention, just for a second, I wanted to acknowledge today is the 92nd birthday of the American Legion. The American Legion was founded at the end of World War I because of the shameful treatment that many veterans coming back from the war had to live through. So, this is a wonderful organization that, from day one, has been all about making sure that the veterans who serve our county in war, when they come back, we don’t forget them. The American Legion was in the forefront of many policies. The… for our women Legislators, you should know that in the American Legion women were allowed to vote for the national commander before they were allowed to vote for the U.S. President. So, I think that that's a remarkable agreement that they came to. Also, during the time in the early '20s when the Ku Klux Klan had come out and become the height of their 09700027.doc 49 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 power, the American Legion was one of the first groups that came forward and denounced them for their racist view. So, I think that all of us in here have great respect for the veterans that served our country and I think it's inevitably… something that we should do every year to acknowledge the birthday of the American Legion, 92 years young today and hopefully, they'll be there for all of our veterans who are coming home from any conflicts we have today or in the future. Thank you, Mr. Speaker."
"Thank you, Representative McCarthy. I'd ask staff to please retire to the back of the chamber. Representative Osmond, Representative JoAnn Osmond."
"Thank you, Mr. Speaker. On a sadder note…"
"Shhhh."
"…Specialist Andrew Paul Wade, 22 years old, of Antioch, Illinois, passed away Wednesday, March 9, 2011, while serving in the U.S. Army in Afghanistan. He was born on February 27, 1989, in Fort Hood, Texas, and the son of Douglas and Elizabeth Wade. He grew up in Antioch and was a member of the St. Peter's Church. Andrew was a 2007 graduate of Antioch Community High School where he was very active as a soccer player. He started with a varsity team for two years, one of which he was one of the few juniors to aid the team in winning the regional and divisional championships, including North Suburban Conference Prairie Division crown, assisting on one of two goals that led to the victory. He was named for All-Sectional Honors by the Illinois High School… School Soccer Coaches Association and the Daily Herald all-American (sic-All-Area) Team in 2006. 09700027.doc 50 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 Andrew also played with the Chicago Kickers Soccer Club for six years. He joined the U.S. Army in September of 2008 as the fifth generation soldier and completed his basic training at Fort Benning, Georgia. Andrew was assigned to the 1st Battalion, 87th Infantry Regiment, 1st Brigade Combat Team, 10th Mountain Division at Fort Drum, New York. In spring of 2010, he was deployed to serve in Afghanistan to support Operation Enduring Freedom. He earned many decorations and awards including the NATO Medal, Army Commendation Medal, National Defense Service Medal, Afghanistan Champaign Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon, and the Combat Infantry Badge. Specialist Wade is survived by his parents Elizabeth and Douglas Wade, a sister, Alicia, and two brothers, Steven and Jonathan. Please join me in a moment of silence for this special hero. Thank you."
Speaker Lyons: "May the soul of Andrew Wade and all the faithful departed rest in peace, Amen. Representative Will Davis, do you seek recognition?" Davis, W.: "Mr. Speaker, did we have another that we need to honor or recognize? Oh. I just wanted to check first before I said anything. I just want to take this opportunity to commend my colleague, Representative Sacia. Everyone can sit down if you want. Thank you. To… to commend my colleague Representative Sacia and just to ask Representative Sacia a question. It's my understanding that all fighter pilots have call signs or call names, at least according to Top Gun anyway. So, I would like 09700027.doc 51 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 unanimous support of the Body that we call Representative Sacia, his call sign will be Orange Slice."
"Representative David Harris." Harris, D.: "Mr. Speaker, thank you, and since we are on issues related to the military, if I may, an inquiry of the… of the chamber. The flags are flying at half-staff today. Does anyone here know why? We don't. And Mr. Speaker, I would urge this chamber and all this in this chamber, to talk to the Secretary of State, and when he's flying the flag at half-staff, it's being done for a reason. It's being done to honor someone. I think we ought to know who's being honored. I think the Body might like to know that today we honor, by our flag being flown at half-staff, the gentleman none of us have probably ever met, his name is Frank Buckles. Frank Buckles is being buried today at Arlington National Cemetery. Frank Buckles is the last U.S. veteran from World War I. He enlisted in the Army in 1917. He was sent to Europe, fought with the first… first Evacuation Casualty Unit out of Fort Riley and interestingly, when he left the Army, he went back and worked for W.R. Grace and was sent to the Philippines in the 1930s and was captured by the Japanese and spent three and a half years in a prisoner of war camp, a Japanese prisoner of war camp during World War II. The point here is this, we still remember Frank Buckles, the last surviving U.S. veteran from World War I. That shows you that the… the service that our people give and that Specialist Wade gives and all those others who serve in the military, and I think that when the Secretary of State 09700027.doc 52 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 flies the flag in recognition of someone who has lost their life defending us, he ought to tell us who it is. Thank you."
"Thank you, Representative Harris, for that very good point of order. Representative Stephens."
"Well, to that point. I want to make sure that the Body understands, our former colleague, your former colleague and mine, Jesse White, he does post that name of the… the soldier, sailor, marine, the individual, the American on… on the Secretary of State website. So, it is… it's not that he's not doing it. And I… I agree that we should maybe vocalize it here on the floor, but I wanted to stand in defense of the 101st Airborne Paratrooper Jessie White. I believe he's doing his job."
"Mr. Clerk, Agreed Resolutions."
"Agreed Resolutions. House Resolution 176, offered by Representative Mell. House Resolution 177, offered by Representative Golar. House Resolution 178, offered by Representative McGuire. House Resolution 179, offered by Representative Jakobsson. House Resolution 181, offered by Representative Bellock. House Resolution 182, offered by Representative Reboletti. House Resolution 184, offered by Representative Rose, and House Resolution 185, offered by Representative Barickman."
"All those… Representative Currie moves for the adoption of the Agreed Resolutions. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Agreed Resolutions are adopted. Seeing no further business to 09700027.doc 53 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day 3/15/2011 come before the House, the House will adjourn until the hour of 12:30 tomorrow, Wednesday, March 16. Allowing perfunctory time for the Clerk, Representative Currie moves that the House stand adjourned. All those in favor signify by saying 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the House stands adjourned until the hour of 12:30, Wednesday, March 16. All 1 p.m. committees, Ladies and Gentlemen, will convene immediately. Representative Hays, we adjourned. Representative Hays, for a recognition."
"Thank you, Mr. Speaker. I rise for a point of personal privilege."
"Please…"
"Please welcome in the gallery, to my right, a group of fourth graders from Edison grade school in Danville. Welcome their teacher Jim Rogers and Julie Neil. The fourth graders from Danville. Welcome to Springfield."
"Fourth graders, welcome to Springfield. Glad you could be here. And now, the House stands adjourned. One o'clock committees immediately. Thank you." 09700027.doc 54