"The House will be in order. Members will be in their chairs. We shall be led in prayer today by Pastor J. Wesley Wilkey who is with the Faith United Methodist Church in Champaign, Illinois. Pastor Wilkey is the guest of Representative Franks… is the guest of Representative Rose. Members and guests are asked to refrain from starting their lap tops, turn off all cell phones and pagers, and rise for the invocation and the Pledge of Allegiance. Pastor Wilkey."
"Let us pray. All loving God, the God of Lincoln and Douglas, the God of Republicans and Democrats, the God of Independents and Parties of every age and stripe. We are bold to call upon You this day for the benefit of our elected Representatives and their staffs, the employees, and above all, the people of the great State of Illinois. We pray in thanksgiving for all that which You have supplied us even to this hour, for the gift of health, of home, of freedom, of strength, of justice, of mercy. We offer thanks to You for those on whose shoulders we stand, those who offered us a hand up, those who provide support, those who laughed with or shed tears for us. We give thanks to You for those who have been called to lives of public service, who could otherwise have lived out lives privately and without the strain and stress which public service demands of those who would agree to carry its cross. We pray in petition on behalf of those of the needy who have little choice but to rely on the wisdom, mercy, and power of elected government. Help us to catch Your spirit as we work toward offering avenues of education for 09700032.doc 1 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 the children and promise of a brighter future for those whose resources and station in life are bleak. Set our ears to hear the cry of the needy. Set our ears and eyes to see and hear the pain of the ill. Set our hearts to beat to the rhythm of a world yearning for peace with justice and help us to work with all people of good will, both in this place and beyond, in order that this state might be a shining beacon on the hill of democracy. Bless now those who gather in this place give the gifts of discernment, give the gifts of wisdom, give the gifts of vision. To those who lead here, grant them the gift of cooperation. To those who speak here, grant them insight. To those who decide here, grant them the courage to vote their own conscience, Amen."
"We'll be led in the Pledge of Allegiance today by our newest Member, Representative Smith." Smith – 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."
Speaker Lang: "Roll Call for Attendance. Representative Currie."
"Thank you, Speaker. Let the record reflect that there are no excused absences among House Democrats today."
"Representative Bost."
"Thank you, Mr. Speaker. Let the record reflect that Representatives Beaubien and Mulligan are excused on the Republican side of the aisle today."
Speaker Lang: "Thank you. Mr. Dunkin, Durkin, Farnham, Flowers, Franks, please record yourselves. Mr. Dunkin. 09700032.doc 2 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 And please take the record, Mr. Clerk. There being 116 Members present, there is a quorum. Mr. Clerk."
"Committee Reports. Representative Will Davis, Chairperson from the Committee on Appropriations-Elementary & Secondary Education reports the following committee action taken on March 30, 2011: do pass as amended Short Debate for House Bill 3639. Representative Verschoore, Chairperson from the Committee on Counties & Townships reports the following committee action taken on March 30, 2011: recommends be adopted Floor Amendment #1 to House Bill 2555, Floor Amendment #1 to House Bill 2557, and Floor Amendment #1 to House Bill 2590. Representative Golar, Chairperson from the Committee on Disability Services reports the following committee action taken on March 30, 2011: recommends be adopted Floor Amendment #3 to House Bill 585. Representative Arroyo, Chairperson from the Committee on Appropriations-Public Safety reports the following committee action taken on March 30, 20ll: do pass as amended Short Debate House Bill 117. Representative Dugan, Chairperson from the Committee on Agriculture and Conservation reports the following committee action taken on March 30, 2011: recommends be adopted Floor Amendment #1 to House Bill 148 and Floor Amendment #1 to House Bill 2321. Representative Riley, Chairperson from the Committee on Cities & Villages reports the following committee action taken on March 30, 2011: recommends be adopted Floor Amendment #3 to House Bill 1576 and Floor Amendment #2 to House Bill 3102. Representative Feigenholtz, Chairperson from the Committee on Appropriations-Human Services reports 09700032.doc 3 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 the following the committee action taken on March 30, 2011: do pass as amended Short Debate for House Bill 132. Introduction of Resolutions. House Resolution… House Joint Resolution 23, offered by Representative Holbrook."
"Mr. Clerk, on Supplemental Calendar #1, there appears House Bill 117. Please read the Bill."
Clerk Bolin: "House Bill 117, a Bill for an Act making appropriations. Second Reading of this House Bill. Amendment #1 was tabled. Amendment #2 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Please read House Bill 132."
"House Bill 132, a Bill for an Act con… a Bill for an Act making appropriations. Second Reading of this House Bill. Amendment #1 was adopted in committee. Amendment #2… Correction. Amendment #1 was tabled. Amendment #2 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Please read House Bill 3639."
Clerk Bolin: "House Bill 3639, a Bill for an Act making appropriations. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Mr. Clerk, what is the status of House Bill 1530?"
"House Bill 1530 is on the Order of House Bills- Third Reading."
"Please place that Bill on the Order of Second Reading at the request of the Sponsor. On page 35 of the 09700032.doc 4 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 Calendar, under House Bills-First Reading, appears House Bill 1446. Mr. Clerk, please read the Bill."
"House Bill 1446, a Bill for an Act in relation to criminal justice. First Reading of this House Bill."
"And that Bill shall be placed on the Order of Second Reading. And on page 37 of the Calendar under the Order of House Resolutions, there appears House Resolution 158. Representative Beiser. Mr. Beiser."
"Thank you, Mr. Speaker, Members of the House. House Resolution 158, who is cosponsored by 38 other Members at this point, is a very simple, straightforward Resolution, and it's an outgrowth of House Resolution 110 in which we set forth the revenue estimate that we believed to be accurate and conservative for the fiscal year commencing July 1st. And simply stated House Resolution says, should revenues exceed what we have appropriated in House… and identified in House Resolution 110, then those excess revenues shall be used to pay the unpaid bills that our vendors that have been waiting for months and months for so many years, time and time again. So, it's a very simple, straightforward Resolution, a furtherance of what we've done budgetwise here in the House on both sides of the aisle. And I would ask for everyone's 'aye' vote."
"The Gentleman moves for the adoption of the Resolution. On that question, the Chair recognizes Representative Eddy."
"Thank you, Speaker. Will the Sponsor yield?"
"The Gentleman yields." 09700032.doc 5 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Representative Beiser, the revenue figure that is in this Resolution is the same as in House Resolution 110."
"Yes, Sir."
"So, that revenue figure includes all revenue that the state might receive if there are additional revenue Bills that pass. For example, there is… there's some type of a gaming Bill that brings revenue into the state, that would be considered additional revenue to the 33.178 billion that this references?"
"It's my intention, and I believe House Resolution talks about general fund revenue, and I think it that's… it's that what we're talking about, Roger."
"How will the backlog be approached? Is that discussed in this Resolution?"
"It is not discussed, but I think the way the Comptroller's Office historically has treated that is oldest bills first unless there's exceptional cases in which they have the discretion."
"Is this Resolution just for FY12?"
"Yes, Sir."
"Okay. So, you don't anticipate an additional amount of revenue to pay back all bills in FY12, but whatever there…"
"I'm wanting to just deal with the House Resolution 110 revenues versus what we actually would receive."
"So… so, you're not that optimistic that the… you know what the current backlog is at the Comptroller's Office?
"I'm told six billion and plus."
"Six billion-plus. Do you have any idea what type of dent we might be able to put in that with this Resolution?" 09700032.doc 6 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"No, I do not. But I'll tell you the… the reason for this, and I think it's shared on both sides of the aisle, is that I think by the fact that we are being conservative in our appropriations, there's a likelihood especially given the fact that two other forecasting bodies have forecasted higher general fund revenues than the House has. I think it's prudent to be conservative and also to plan forward that should we get more revenue than we estimate that it goes towards unpaid bills rather than looking at other ways to spend money before those unpaid bills have been taken care of."
"Thank you, Representative. Ladies and Gentlemen of the House, to the Resolution. This is exactly the type of budgeting that we've been promoting for many years. A budgeting approach that takes a realistic view of state revenues that does not depend upon revenue that comes from dedicated funds. It does not come from borrowing. That does not come from a variety of techniques that we've seen over the last eight or nine years that has kind of contributed in great ways to the trouble we see today with these six billion-plus backlog of bills that we have. This approach is to make all the obligated payments that we have, including pension payments, come up with a number that will be distributed among the committees that appropriate funds in the House, and now, if there are additional funds, use those to pay back bills. I think it's an outstanding idea, Representative. This is exactly the kind of thing that we've been talking about on this side of the aisle for seven or eight years now. And I 09700032.doc 7 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 daresay that if we would have adopted this approach several years earlier, we certainly wouldn't be in near the financial crisis shape that we're in today with the backlog of bills. So, thank you. We support this completely on this side of the aisle. We look forward to working with you on this type of a responsible approach to budgeting in the future. Thank you."
"Mr. Sullivan."
"Thank you, Mr. Speaker. To the Resolution. In rev… and one, I'd like to commend the Sponsor for bringing this forward. Obviously, this is, as the previous speaker had indicated, the way to do things. One of the things that we talked about in Revenue Committee in discussions with some of the experts is that we are in an economy that when things go bad they're really going bad, and when things start to rebound, and we don't know if that's going to be the case, but revenues generally go beyond our expectation when they're on the upswing. One of the professors from the Illinois… University of Illinois talked about this. So, the question then, the oblivious question in all of our minds is, if we go beyond revenues, what do we do with those? We don't want to spend more money, we want to be able to, 1) pay down bills, 2) maybe put money in the pension systems, and go from there. So, I commend the Sponsor for bringing this forward. This is definitely the way to do things. It's a change of pace for Illinois government over the last decade to actually try to put revenues out there first and come up with how we're going 09700032.doc 8 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 to pay down our debts. So, I commend the Sponsor and we should all be voting 'yes'. Thanks."
"Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Gentleman yields." Davis, W.: "Representative, do you have any idea how much money is going to be in excess?"
"No, I do not." Davis, W.: "What is the rationale by which the backlog of bills might be paid if there is an excess?"
"Like I mentioned previously, historically, the Comptroller's Office, over the years, has paid oldest bills first; however, they do have the discretion should there be an exceptional case. For instance, a facility that serves the disadvantaged may go out of business or may have to curtail their programs, then they do have that ability to take those into consideration." Davis, W.: "But how do we… I mean… so we're just… it's really just up to the Comptroller to determine which bills would be paid first if there's excess of resources?"
"That's part of the responsibilities of the Comptroller's Office." Davis, W.: "Well, but I mean, even right now working through the Governor's Office and maybe some direct contact with the Comptroller's Office, you could place a phone call and ask them if a voucher has been submitted and there's resources that they might pay a bill currently, which may not fall in any particular order. So, I just want to understand how they would institute such a program, for 09700032.doc 9 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 lack of a better word, if there is excess resources that become available. How do I know? I mean, there… obviously, there are a number of needs in the state. There are hospitals that need payments. There are community- based organizations that need payments. Who… I mean, are we really leaving it up to the Comptroller to determine what would be paid if there is excess resources?"
"And I think… I think we are because I think what we've all experienced, all of us that have been in this Body for the past few years, we've received numerous calls from constituents or programs that have… the state owes money, whether it be schools or programs for the disadvantaged seniors or disadvantaged developmentally disabled. And the protocol that I've been told to follow is, call the Comptroller's Office and see where they're at in the payment cycle. And again, this Resolution does not dictate how those bills… how the Comptroller's Office shall pay those bills. It just says that should we have a pot of money that's in excess of over our rev… revenue estimate, it has to go towards unpaid bills." Davis, W.: "Well, I think therein lies my point, Representative, is obviously I know there are a number of needs that exist here in the state, but my concern is the manner in which the Comptroller's Office. Assuming that they have complete discretion and authority to do this, how and what manner they would pay bills, and whose bills would they pay first? Would they take into consideration low- income communities, struggling community-based organizations, or would they be more inclined to pay 09700032.doc 10 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 corporations that have resources even though they're owed money. But are they more inclined to pay… basically pay who… I think you understand what I'm getting at, Representative, and not that I'm disagreeing with the Resolution, but the Resolution really doesn't lay any particular rhyme or reason how those dollars should be expended, and therein lies my problem."
"Right." Davis, W.: "So… so…"
"I understand. And Will, I think what… currently, even though we don't have a lump sum or a tremendous amount of money to go towards unpaid bills, unpaid bills are being paid as available monies are there. And we don't dictate nor do we try to dictate how those bills are paid when current monies are there. We're just saying that if that… a pot of money would happen to be in excess of what we've estimated, we're saying it's prudent to go to unpaid bills because those vendors and those programs have been waiting so long for payment. Currently, we don't dictate how they… when they get monies available and this Resolution does not attempt to do that either." Davis, W.: "Well… well, not to belabor the point, well, then just let me ask…"
"Yes." Davis, W.: "…if not paying an unpaid bill, what would the Comptroller's Office be doing with the resources?"
"No, they're paying the bills as they… as the money becomes available, and we're just saying that should this money… this is additional money, then they would have to 09700032.doc 11 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 pay the unpaid bills first before anything else could be appropriated." Davis, W.: "Okay, Representative. Thank you very much."
"Certainly."
"Mr. Beiser to close."
"I would simply ask this Body for an 'aye' vote. I think it's the right method to take when we have, if… should we have any excess monies over what we estimate. I think it's time, like we said, we start doing the conservative budget estimates which House Resolution 110 does, and this just furthers that… furthers that cause. And ask for an 'aye' vote."
"Members, this will be a recorded Roll Call. Those in favor of the Resolution shall vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mell. Please take the record, Mr. Clerk. On this question, there are 114 voting 'yes', 0 voting 'no' and 2 voting 'present'. And the Resolution is adopted. The Chair recognizes Representative Dan Burke."
"Thank you, Mr. Speaker, Ladies and Gentlemen. I rise on a point of personal privilege."
"State your point."
"Yesterday, during the debate on the House Bill 1965, I suggested to this Body that the Indiana Legislature had passed a Bill that would exempt casinos, VFWs, and nursing homes. I misspoke, Ladies and Gentlemen. The fact is, the House of Representatives of Indiana had passed that measure, not the full Legislature, so as the media has 09700032.doc 12 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 reported my blatant lie, I humbly beg your forgiveness, and suggest that if that had persuaded you to vote for the Bill, I beg your indulgence, and certainly, forgive me for that misspoken fact. Thank you."
"Thank you, Representative. Members, we're going to be continuing with your first priority Bills by alphabetical order, but we're going to start with Bills that are on your priority list on Second Reading. And so the first Bill on this Order would be House Bill 1391, Representative John Bradley. Mr. Bradley. Out of the record. House Bill 2084, Representative Crespo. Out of the record. House Bill 1461, Representative Cunningham. Please read the Bill, Mr. Clerk."
"House Bill 1461, a Bill for an Act concerning firearms. The Bill was read a second time on a previous day. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed." Speaker Lang: "Third Reading. House Bill 1195, Representative Monique Davis. Out of the record. House Bill 2934, Representative Feigenholtz. Out of the record. House Bill 1949, Representative Jakobsson. Please read the Bill."
"House Bill 1949, a Bill for an Act concerning local government. Second Reading of this House Bill. Amendments 1 and 2 have been tabled. Amendment 3 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1748, Representative Lilly. Please read the Bill." 09700032.doc 13 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"House Bill 1748, a Bill for an Act concerning criminal law. The Bill was read for a second time on a previous day. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 3376, Mr. McCarthy. Out of the record. House Bill 1084, Representative Mussman. Representative Mussman. Do you wish to move 1084, Representative Mussman? Please read the Bill."
"House Bill 1084, a Bill for an Act concerning State Government. The Bill was read for a second time on a previous day. No Committee Amendments. Floor Amendment #1, offered by Representative Mussman, has been approved for consideration."
"Representative Mussman."
"Thank you, Mr. Speaker and Members of the House. House Bill 1084 creates the Business Mandate Note Act. Provides that every Bill which may in effect raise the cost of doing business in the State of Illinois may have a brief explanatory statement of the proposed cost, requested before the Second Reading in the House. Provides that the Department of Commerce and Economic Opportunity shall prepare the note with assistance as necessary from the businesses in the community, the ICC, the LRU or any other statewide organization."
Speaker Lang: "The Lady's moved for the adoption of the Amendment. There being no discussion, those in favor say 'yes'; opposed 'no'. In the opinion of the Chair the 'ayes' have it, the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed." 09700032.doc 14 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Third Reading. Returning to House Bill 1461, Mr. Clerk, what is the status of that Bill?"
"House Bill 1461 is on the Order of House Bills- Third Reading."
Speaker Lang: "Please return that to the Order of Second Reading at the request of the Sponsor. And returning to House Bill 3376, please read the Bill."
"House Bill 3376, a Bill for an Act concerning public employee benefits. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 2875, Mr. Phelps. Please read the Bill."
"House Bill 2875, a Bill for an Act concerning State Government. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1907, Mr. Zalewski. Please read the Bill. Mr. Clerk, what is the status of House Bill 1907?"
"House Bill 1907 is on the Order of House Bills- Second Reading. It was read for a second time on a previous day and held. A note request has not been fulfilled for a correctional note."
"This Bill will be held… the Chair recognizes Representative Zalewski."
"Mr. Speaker, I had asked that the note, the correctional note on this Bill be ruled inapplicable." 09700032.doc 15 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"The Gentleman's moved that the note be held inapplicable. Is there discussion? The Chair recognizes Representative Reis. Mr. Reis does not wish to speak. Mr. Eddy… who does not wish to speak. The Gentleman has made a Motion to hold the note request inapplicable. And the Chair recognizes Representative Thapedi."
"Thank you, Mr. Speaker. May I make an inquiry of the Sponsor?"
"Gentleman yields."
"Representative, why exactly is the correctional note not applicable to this particular provision?"
"Representative, the Member who filed the note request is no longer a Member of the chamber."
"Is that the sole reason?"
"If you'd like another reason, it's my belief that the requested note, the correctional note, won't have any impact on the Bill, won't have any impact on the Department of Corrections, and in fact, may increase the revenue for the Department of Corrections through prosecution of criminal enterprises."
"But you would agree though that that correctional note would provide some very relevant and important information…"
"I acknowledge…"
"…for us to make a determination after the feasibility of this measure. Would you not agree with me?"
"Representative, I don't think that the note I'll give this chamber any insight whatsoever."
"Thank you." 09700032.doc 16 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Once again, the Gentleman has moved to hold the note… the request inapplicable. Those in favor shall vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Dugan, Franks, Golar, Greg Harris, May. Mr. Franks, Mr. Harris. Please take the record. On this question, there are 96 voting 'yes', 18 voting 'no', and 1 voting 'present'. And the Gentleman's Motion carries, the notes are held inapplicable. Mr. Clerk."
"No further Motions. All notes that have been requested have been filed."
"Third Reading. House Bill 3175, Mr. Brauer. Please read the Bill. Excuse me, Mr. Clerk. Out of the record. House Bill 161, Mr. Rose. Please read the Bill."
"House Bill 161, a Bill for an Act concerning public aid. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. A fiscal note has been requested on the Bill as amended and has not been filed."
"That Bill shall be held on the Order of Second Reading. Now Members, we're returning to the alphabetical listing on Bills that are on the Order of Third Reading. The first Bill on this Order will be House Bill 1855. Mr. Acevedo. Out of the record. House Bill 1375, Mr. Beiser. Please read the Bill."
"House Bill 1375, a Bill for an Act concerning finance. Third Reading of this House Bill."
"Mr. Beiser." 09700032.doc 17 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Thank you, Mr. Speaker, Members of the House. This is an initiative of the operating engineers and the general contractors. It's… requires contracting entities to maintain an office in Illinois in order to qualify as a responsible bidder under the Procurement Code. I'd be happy to answer any questions. But I'd ask for an 'aye' vote."
"The Gentleman moves for the passage of the Bill. There being no debate, those in favor shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Feigenholtz, Mell, Nekritz. Record yourselves. Mr. Clerk, please take the record. On this question, there are 116 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Reis."
"Inquiry of the Chair."
"State your inquiry, Sir."
"Speaking for both sides of the aisle whose name don't start with A, B, C, D or E, can we leave off and start the next day on the alphabet rather than starting over with A each day?"
"We will take that under advisement. The… these are all Bills that are still a first Bill for people, so no one's getting their second bite at the apple yet, but your point is well made and we'll consider it, Sir."
"Thank you."
"Mr. Stephens." 09700032.doc 18 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Alphabetical prejudice. You know what, you just got so many ways of beating us up. You know that there are more Republicans with names that start with N through Z then A through M. Don't you?"
"You want to discuss that with Mr. Zalewski, Sir? The Chair recognizes Representative Farnham."
"Thank you, Mr. Speaker. Point of personal privilege."
"State your point, Sir."
"I am… on behalf of the people of the 43rd District in the State of Illinois, I would like to introduce the Lisle Youth Leadership Group of the Lisle American Organization of Elgin. If they would please stand up and be recognized."
Speaker Lang: "Welcome to Springfield. And the Chair recognizes Representative Tracy."
"Thank you, Mr. Speaker. Point of personal privilege."
"Please state your point."
"Representative Jakobsson brought to my attention that it's Women's History Month. And accordingly, I wanted to bring the chamber's attention to an Illinoisan by the name of Myra Bradwell and by the age of 20… and she lived from 1831-1894, and by the age of 24, Mrs. Bradwell completed her formal education in women's seminary and became a teacher. She later became a legal apprentice working in her husband's law office. Although she had the proper certificate of qualification issued by a lower court, the Illinois State Bar denied her access to the bar in 1869. In 1870 she filed a lawsuit that went all the way to the 09700032.doc 19 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 United States Supreme Court. The justices ruled against her upholding Illinois's right to ban women from the State Bar. When Myra Bradwell was refused admission to the Bar, she never lost her passion for the law, righting an injustice of… or her entrepreneurial spirit. In 1868 she started the Chicago Legal News. In her weekly newspaper she wrote about Illinois state court decisions, session laws and legal reforms. Myra also reported on federal court decisions and legislative news. Her paper was a huge success and became the most widely read legal newspaper in the country. In 1869, Mrs. Bradwell passed the Illinois Bar Exam with honor. Although she never did practice law, she became actively involved in women's suffrage reforms, and actively raised funds to benefit Civil War soldiers, and their families. Despite not being a licensed attorney until 1880, she used her legal expertise to facilitate improvements in the court system, railroad regulations, and employment opportunities for women. Myra helped author the Married Woman's Property Act of 1861. This Bill allowed married woman… married women the right to keep the wages they earned, and established the rights of widows to keep their husband's assets. Thank you, Mr. Speaker. This was in honor of Myra Bradwell, 1831-1894."
"Thank you for your comments, Representative. The next Bill on the Calendar is House Bill 3597, Mr. Burns. Out of the record. House Bill 3022, Representative Chapa LaVia. Representative Chapa LaVia. Out of the record. Representative Chapa LaVia is in the chamber. Do 09700032.doc 20 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 you wish to move your Bill, Representative? Please read the Bill."
"House Bill 3022, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Chapa LaVia."
"Yes. 1322 (sic-3022) makes several changes to the School Code. It was recommended by ISBE. There is quite a list of things on here. I’m willing to take some questions on it; it's pretty complicated."
"Lady moves for the passage of the Bill. And on that question… there being no debate, those in favor of the Bill should vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Dan Burke, Greg Harris, Mr. Smith. Please take the record. On this question, there are 116 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared pass. House Bill 1876, Mr. Fortner to handle for Mr. Cross. Please read the Bill."
"House Bill 1876, a Bill for an Act concerning education. Third Reading of this House Bill."
"Mr. Fortner."
"Thank you, Speaker, Members of the House. House Bill 1876 will allow the state universities and community colleges to create what are called university technology entrepreneur centers. These are essentially incubator centers that will allow good innovations that need a chance to develop before they're ready to go to a more commercial setting to get going. It's a great way to promote new 09700032.doc 21 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 ideas and more jobs in Illinois. Be happy to answer any questions."
"The Gentleman has moved for the passage of the Bill. There being no debate, those in favor of the Bill should vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record, Mr. Clerk. On this question, there are 116 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1256, Mr. Colvin. Mr. Colvin, do you wish to move this Bill, Sir? Please read the Bill."
"House Bill 1256, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Mr. Colvin."
"Thank you, Mr. Speaker. I have for the House to consider House Bill 1256. And it simply amends the Department of Transportation. Law of the Civil Administrative Code, which creates the Diversity in Engineering Program. This is an IDOT initiative that is not exactly a new program. It's been going on for several years and it's funding stream has been through several different sources. This Bill simply deals with… first of all, let me give you a kind of… just a premise a little bit. This Bill is directly aimed at trying to deal with one of the real problems that IDOT in terms of attracting and retaining minority candidates to study both… to both study civil engineering and to make a commitment to work as civil engineers for the Illinois Department of 09700032.doc 22 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 Transportation. Currently, in this country, it has been very difficult for IDOT and other departments of transportation around this country to attract these candidates due to more lucrative offers elsewhere. In turn, it has created kind of a disparity in terms of employment opportunities at the Department of Transportation, and Illinois is no different. The funding source for these dollars… the funding source for these dollars comes from the Federal Government. Now it's funded out of the Illinois Road Fund. It's funded out of the Illinois Road Fund, but the money comes from the Federal Government and acts pretty much as a pass-through. So as these scholarships are funded, those dollars are replaced by the Federal Government. So, there is no actual loss to road construction dollars. These are federal dollars, and if we simply don't use them, the dollars simply won't be appropriated for this purpose. So, with regard to its funding, it has no fiscal effect on actual road construction funds. We had to… we specifically and very clearly explained this in committee which the Bill moved out of. I'll be happy to answer any questions with regard to the program at this time, Mr. Speaker."
"The Gentleman moves for the passage of the Bill, and on that question, the Chair recognizes Representative Pritchard."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields." 09700032.doc 23 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Representative, do you have any information about the diversity of the engineers at the Department of Transportation?"
"Not here in front of me, but let me give you a real good general idea of what we're talking about. Here in the State of Illinois, we graduate a very small number of civil engineers who graduate from Illinois schools. Nationwide, the problem is pretty consistent. In Illinois alone, we graduate less than a hundred students and this is all minority students including women, all women of any race, of less than one hundred students. Most of these students get opportunities to work in other fields in civil engineering. In fact, I have a niece right now who is interning in Shanghai, China, as a civil engineer. So to help provide an incentive to attract students to come to work for the Illinois Department of Transportation, this program was crafted that these students would receive a grant of $7500 for the five-year program that these programs typically are at state colleges and universities to help defray the cost of those engineering degrees with the understanding that they would make some commitment to study, to work as an employee of the Illinois Department of Transportation."
"So, though you don't have percentages, you would say that the percentage of minorities, including women, employed as engineers in the Department of Transportation is less than what their percentage would be of our population. Is that correct?" 09700032.doc 24 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"It would be far less. I have served on the Appropriations Committee for Public Safety for eight years, and where IDOT comes and they lay out many of their programs and initiatives. One of the stark concerns, one of the things that really stand out with respect to diversity in their workforce is among the engineers is something we've been…"
"So the department has identified this though as an important initiative to…"
"They have."
"…bring in the more balance their employees."
"They have."
"And this would be for a scholarship amounting to how much money?"
"Seventy-five hundred dollars per year. Most of the engineering programs that our state colleges and universities, or just at our universities, are typically five-year programs. It would provide a stipend of $7500 to be applied…"
"And the student…"
"…to defray the cost of those degrees."
"…that receives this then would be encumbering themselves to work for the department for the same number of years as they receive a scholarship. Is that correct?"
"I'm not certain that it's the same number of years, but there is a requirement that they work for several years at Illinois Department of Transportation."
"So, I thought in committee that that's what was said, that they would work with the department for the same 09700032.doc 25 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 number of years as they received the scholarship and that way we wouldn't necessarily be losing students that we've encouraged to become engineers to the private sector and to higher paying jobs."
"As I look through my notes here, you're right. That's… that's the requirement."
"And… and just to restate again, this is coming out of the Road Fund, but because of this initiative, we would receive additional federal dollars to reimburse the Road Fund?"
"That's correct. To… up to the number of scholarships that are actually offered, the Federal Government would reimburse the Road Fund for those dollars expended for these scholarships."
"Thank you."
"Mr. Eddy."
"Thank you. Will the Sponsor yield?"
"Gentleman yields."
"Representative, just to be completely clear on the issue as to where the money comes from and what the money could be used for, you said that IDOT is reimbursed from the Federal Government for the scholarship cost. And the way I look at the Bill, we're going from the awarding of one scholarship at $7500 to awarding 20 scholarships at 7500, so the cost increase is 20 times what we now pay for it. So, does the money that gets reimbursed to IDOT from the Federal Government, could that be used in the Road Fund for other purposes if we weren't using it for scholarships? Is 09700032.doc 26 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 it being diverted or is this money that can only be used this way and it's additional money?"
"Well, that's an excellent question, and I think it's a question that really defines what this Bill does. To answer your questions specifically, no, it cannot. This is a program that was approved by the Federal Government for federal Road Fund dollars. Once it was approved, that any dollars they use to award these scholarships would be reimbursed by the Federal Government into the Road Fund. So, what the effect would be, there would be no construction dollars actually lost as a result of the award of these scholarship opportunities."
"So this is additional money…"
"This is additional money."
"…that comes out of a separate pot that the Federal Government has established for the purposes of providing these scholarships, and it couldn't be used in any other manner anyway. We're getting in line for our share of it. How is… how does the Federal Government determine how much Illinois gets of this money?"
"Well, it depends… well, there is a… at some point, they can award up to 20 per year. And assuming that they had individuals in all four classes, up to those five years, it would be a maximum of 100. So, the program in one calendar year, could never cost more than $750 thousand. They have not ever reached that… that ceiling, but even if they did, it would be 100 percent reimbursable by the Federal Government." 09700032.doc 27 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"All right. Final question then. If we pass this, is it subject to a specific appropriation for that purpose that would only come from federal funds and not general revenue?"
"That is absolutely correct."
"Okay. So, this is… this is subject to approp. We'll know later how much we get, but there will be no general revenue in this, only federal funds?"
"There is no…"
"Okay."
"…general revenue fund, not now, not ever in the way the Bill is written, Sir."
"Thank you."
"Mr. Reis."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields."
"Representative, will these students… will they be given a four-year scholarship or will they have to reapply each year…"
"They have to…"
"…and prove themselves?"
"…they have to reapply."
"Now, that's not in your Bill. And I bring this up because we passed a Bill a couple, three years ago for large animal veterinarians, and I think it went out unanimous, so I thank you for your support on that, but we spelled out in the statute the fact that they did have to reapply each year. We spelled out the fact that there were penalties if the student dropped out of college, say their 09700032.doc 28 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 junior or senior year, and did not come back and work for the state, that they had to pay that back and we even argued for a year about the interest rate. So, I guess we'd like to see a few more things spelled out in the Bill and you can certainly work with the Senate Sponsor on that. But…"
"I think with the…"
"…kind of guide the rulemaking process after it leaves the General Assembly, should it become law."
"I think what you're suggesting is… would be fair. I would ask for consideration on the Bill today…"
"Yeah."
"…with the understanding that if we put those things in place, I think it would actually help IDOT reach their goal in terms of diversifying that workforce. So, I think your suggestions I think are well received by me, and I'd be willing to work with the Senate Sponsor and IDOT to make sure that we cross those t's and dot those i's as well."
"One last thing I'd like you to consider, and I think it's that way with most scholarship programs like this, is that it has a sunset date. So, it has to come back to the General Assembly and we can decide for ourselves if it's working good and if it's worthwhile. I think a lot of them last for 10 years, so you might consider that as well."
"I couldn't hear the last part. Could you just restate it?"
"You might consider putting in a sunset date for the program so it has to come back to the General Assembly and we can evaluate if it's working good, if it's a good 09700032.doc 29 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 program, it needs to be tweaked in any way. I think a lot of the scholarship programs that are already in state statute have a sunset date, so you might consider that in the Senate as well. Thank you."
"Yes, Sir."
"Mr. Bost."
"Thank you, Mr. Speaker. To the Bill. I just want to let the people know that those of you that are reading the analysis and noticed the committee vote. The committee vote occurred because there was confusion over the fact of whether this was taking from the Road Fund. It does not take from the Road Fund. It's a pass-through. I think the Sponsor's done a good job explaining that, and I do stand in support of the Gentleman's Bill."
"Mr. Colvin to close."
"Thank you, Mr. Speaker. I would simply encourage an 'aye' vote."
"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record, Mr. Clerk. On this question, there are 114 voting 'yes', 2 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Mr. Ford."
"Thank you, Mr. Speaker and Members of the House. I rise on a point of personal privilege."
"State your point, Sir."
"Over the past weeks and months, many people have said that Illinois is not a good place to do business, but I 09700032.doc 30 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 want to welcome a friend of mine from New York. He's a global strategist and he's here to join us in Springfield today. If everyone could give Michael Williams a round of applause. Mike, if you could stand. He believes that Illinois is good place to do business and we're meeting. Thank you very much, Mike."
"Thank you, Mr. Ford. The next Bill on the Calendar is House Bill 1425, Representative Currie. Please read the Bill."
"House Bill 1425, a Bill for an Act concerning public aid. Third Reading of this House Bill."
"Majority Leader Currie."
"Thank you, Speaker and Members of the House. This is an initiative of the Department of Health Care and Family Services. As you know, the Federal Government makes grants to the states to do information technology with a match of 90 percent to 10 percent state money. This measure really just… just is there to make sure that the department will have the authority to spend that money to give out the grants when the federal money comes in. I'd be happy to answer your questions and I'd be grateful for your support."
"The Lady has moved for the passage of the Bill. There being no debate, those in favor shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mussman. Please take the record. On this question, there are 116 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is 09700032.doc 31 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 hereby declared passed. House Bill 3499, Representative David Harris. Please read the Bill."
"House Bill 3499, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Mr. Harris." Harris, D.: "Thank you, Mr. Speaker. As you know, when an individual applies for a Firearm Owner's Identification Card in Illinois, there is a waiting period. This Bill would eliminate the waiting period for an individual that has an order of protection pending. Most usually, the order of protection applies to a female. So, the Order of Protection would have to be in place. If that were the case, then the waiting period for the Firearm Owner's Identification Card would be waived."
"The Gentleman has moved for the passage the Bill, The Chair recognizes Representative Bost."
"Inquiry of the Chair."
"State your inquiry, Sir."
"Yes. Representative, I just need to know… Speaker, I need to know if somebody was a Rep. and they passed their first Bill many, many years ago, and then they come back to the floor and reelected, is that a first Bill again, or do we consider that… I don't know."
"I'm not sure we have any rules on that, but I don't know if we have a red jacket for the Gentleman today."
"I… and if I could, I'd like to ask some questions of the Sponsor."
"Gentleman yields." 09700032.doc 32 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 Harris, D.: "Well, Mr. Speaker, he is right. I am a retread, so my first Bill jacket would be a very faded red. So, that is the case…"
"Mr. Bost for a question."
"Just… just one question. What… if you remember, what was your first Bill?" Harris, D.: "Representative, it was so long ago I can't remember."
"Okay, thanks." Harris, D.: "All right. If…"
"Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields." Davis, W.: "So, this Bill eliminates the waiting period for anyone who wishes to purchase a firearm if they have a valid order of protection against someone else, correct?" Harris, D.: "If they… that is correct. And I want to clarify what I said earlier. It's not just the Firearm Owner's Identification Card, you're right. It is the purchase of a firearm and it is for someone who has an order of protection, a valid order of protection in place." Davis, W.: "What's… what's the purpose of having a wait period? Why do you have a wait period?" Harris, D.: "Normally, it is a background check is conducted and just to make sure that…" Davis, W.: "You want to make sure the person applying to receive a firearm does not have any issues in their background, correct?" Harris, D.: "That is correct." 09700032.doc 33 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 Davis, W.: "So, if you eliminate the wait period regardless of an order of protection because that's about, you know, protecting someone, so even if they have an issue in their background, that person could be issued an order of protection, correct?" Harris, D.: "It is possible. Normally, the order of protection… before you get an order of protection, you usually have some sort of a review is given before that is issued." Davis, W.: "Well… well, but that's specific to the issue between the two people where the judge determines that an order of protection is indeed warranted, correct?" Harris, D.: "Correct." Davis, W.: "So, if you eliminate that time, and the individual applying has an issue in their background, how do you reverse that? How do you… how do you… if that's the purpose of the wait period is to make that determination and you eliminate that wait period…" Harris, D.: "It is possible that something like that could happen that an individual who was granted an order of protection could have a background like that. Oftentimes, that order of protection usually though covers that, that that person would not be granted an order of protection in a situation like that." Davis, W.: "So you're saying, and someone who has an order of protection that someone had a background, who knows how long ago, whatever that background was, that that could impact someone's ability to receive an order of protection? 09700032.doc 34 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 So, if you had a male or female, and I don't know what type of background necessarily…" Harris, D.: "I'm sorry. I was just corrected by staff. The background check is done by… when you get your FOID Card. That's when your background check is… is conducted. So, the person would have to have a FOID Card in order to get the firearm to begin with. So, the background check isn't conducted during the waiting period for the purchase of a firearm, it's conducted at the time of the FOID Card issuance." Davis, W.: "What… so, then please, and I'm not a gun owner, so then what's the purpose of the wait period to begin with?" Harris, D.: "That's a good question. Maybe we ought to do away with it, entirely." Davis, W.: "Well, I think that's… in some respects you're trying to do. You know, obviously, just have some concerns which is why I asked the question about what exactly the wait period is for, you know, and I can understand why you would want to eliminate the wait period in that particular circumstance, but I guess, not that I could know or ever know or understand the mind set of an individual who has received an order of protection in terms of what that person has gone through, what have you. In some respects though, I think that wait period might still be not a bad thing to have, maybe shorten the wait period a little bit, but I mean, because again, just like my concerns about conceal and carry where you're introducing the possibility of having a gun or some type of weapon in certain circumstances. I think that's one of those circumstances 09700032.doc 35 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 that we have to be concerned about because that individual could just simply react and unfortunately, may harm someone, maybe not the person that they have the order of protection against, but I just have some concerns, that's all. That's all." Harris, D.: "And… and I follow your… I follow your logic. Oftentimes, a person who has been granted an order of protection really can be in danger very quickly…" Davis, W.: "Absolutely." Harris, G: "…after that order of protection is granted." Davis, W.: "Absolutely. Thank you very much, Representative."
"Mr. Osterman."
"Will the Sponsor yield?"
"Gentleman yields."
"So, as… your answers to the previous speaker, and I just want to be clear. This deals with the waiting period but not the background check?" Harris, D.: "No, I'm… I initiatively misspoke. The background check takes place at the time of the issuance of the Firearms Owner's Identification Card. An individual has to have a valid Firearm Owner's Identification Card to purchase a firearm. When you purchase a firearm, there is a waiting period. That waiting period would be waived if the individual has a valid order of protection in place."
"So, if I go to a gun store that has federally licensed dealer, there's a requirement or if I go to a gun show, there's a requirement of an instant criminal background check. And… so this would not deal with that?" 09700032.doc 36 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 Harris, D.: "No… no, this is if you purchase a firearm from a federally licensed firearm dealer."
"Okay. So, what are the waiting periods right now for a firearm? What are the waiting periods you're trying to get rid of under the Bill?" Harris, D.: "It's 72 hours."
"Seventy-two hours for…" Harris, D.: "The purchase of a firearm. The issuance of a Firearm Owner's Identification Card that comes whenever the State Police sends your Firearm Owner's Identification Card."
"But isn't it 24 hours for a long gun or shotgun?" Harris, D.: "Well, I was referring to a handgun, but that's correct."
"But this would waive it for both?" Harris, D.: "Right, that's correct."
"Okay. But I guess here's the crux of my question though. The background checks would still be in place, and those background checks, most instances take a matter of minutes." Harris, D.: "Generally, they're fairly fast, yes."
"Okay. There are certain situations though that the State Police needs more time. So, there could be a David Harris that's got a warrant out for his arrest. He goes to buy a firearm and those could take a little bit longer, so what would happen in those situations? So you go into a gun store, you want to buy a firearm, and they proceed to do a background check. That background check because the State Police has to get additional information, takes 09700032.doc 37 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 longer than the two minutes that it usually takes. What will happen under your legislation?" Harris, D.: "Well, if there is a valid order of protection in place, there is no waiting period whatsoever. If the valid order of protection is in place, the firearm can be purchased."
"So, even if the background check is not completed?" Harris, D.: "Again, I come back and say the background check would be completed at the time of issuance of the Firearm Owner's Identification Card which must be… which the individual must have before they purchase the firearm."
"People get the FOID Card, they go through the background check. FOID Card's valid for, I believe, five years, could be longer, we may have…" Harris, D.: "Right."
"…lengthened that. There are people that in that time period then commit a crime, have an order of protection against them or something else, where they're suppose to relinquish their FOID Card. Many instances are out there where the FOID Card is not recovered, and that individual can still then go and buy a firearm. If they go to a gun store that's a federally licensed dealer, they conduct an instant criminal background check. That background check checks State Police databases and the federal databases, and would red flag someone who should not be buying a gun even if they have the FOID Card. And I've said before, that about 800 people a year have that situation. And what I'm… I guess I’m trying to get at, and this is a valid point and don't think I’m trying to trip 09700032.doc 38 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 you up, I understand the intention of what you're trying to go at, but there's a gray area in your Bill." Harris, D.: "If… and if… if the background check gets a hit, in other words it comes up hot, then that person could not purchase a firearm. It's the waiting period that would be waived, not the ability to purchase the firearm. If the background check comes up with a hit."
"Okay. I understand what you're trying to do, and in an effort to try to keep the conversation going, I would ask that you would if you want to proceed with this, I'm not going to stop you or slow you down. You're going to look for a Senate Sponsor. What I'd like to do is to have State Police and others talk about this gray area with you and the Senate Sponsor, so that we're not creating a situation where someone runs in with an order of protection, gets a firearm, and in fact, maybe that individual shouldn't have one as well. So, I don’t want to create another loophole and I don't think you want to do that as well. So, is that something you're amenable to?" Harris, D.: "No, and very much so. And the State Police, be happy to work with them if it needs adjustment, I'd certainly be willing to do that."
"Did they slip this in opposition or in support or neutral?" Harris, D.: "They did not. As a matter of fact, the Bill came out of committee with no descending votes, and the do pass Motion was made by a person on your side of the aisle."
"Which committee was that?" 09700032.doc 39 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 Harris, D.: "That was the Agriculture & Conservation Committee, a very friendly committee."
"There's a lot I can say about that, but I'll pass."
"Mr. Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Gentleman will yield."
"Representative, I'm reading the Bill here, and I see right now there are a few exemptions for the waiting list. For instance, the sale of a firearm to a law enforcement officer, and also a mail order sale of a firearm to a nonresident of Illinois under which the firearm is mailed to a point outside the boundaries, and also the sale of a firearm to a nonresident of Illinois while in a firearm showing or a display. Correct? And there's also the last one would be to a dealer. That would be the four exemptions that we have right now to bypass the waiting period. Would you agree?" Harris, D.: "That is correct. That is correct. This is the fifth exemption."
"This would be the fifth. Okay. That's… I wanted to make sure. Now, I heard your answers to Mr. Osterman's questions, previously, on the timing of the background check. And I guess… at the timing of… when they do the FOID Card, you're telling me that's when they do the background check to allow someone to get the FOID Card. Correct?" Harris, D.: "Yes, Sir."
"Okay. Now, is there a second background check prior to the time that someone would be purchasing a firearm?" 09700032.doc 40 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 Harris, D.: "Yes."
"So this Bill would exempt someone under an order of protection from the second background check?" Harris, D.: "No."
"When would the second background check be done if there's no waiting period?" Harris, D.: "The instant background check takes place…"
"Are… are we able to do that though? Do we have the ability to do an instant background check?" Harris, D.: "It's… we're doing it now. That's the process and procedure that is in place now."
"For those four other exemptions?" Harris, D.: "For everyone is my understanding, for everyone."
"But isn't there a backlog? 'Cause I know it takes forever to get FOID Cards from the State Police because they just… they don't seem to want to give them, but there seems to be a backlog of the FOID Cards. Are… so, are you telling me that that's no back… there's no backlog on the background checks?" Harris, D.: "Well, when they… there's no backlog when they do the instant checking. It's either done or it isn't done. It's either completed or it isn't completed."
"My question is, if we add this exemption, would there still be the ability to do… will you still require that second background check to make sure that that person, since they got the FOID Card, is not a narcotic addict?" Harris, D.: "Yes, Sir."
"That that person is not a felon." Harris, D.: "Yes, Sir." 09700032.doc 41 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Okay." Harris, D.: "Yes, Sir. That… that… that…"
"So, we'd still have that procedural safeguard." Harris, D.: "That second check is performed. That is correct."
"Thank you. I wanted to make sure that was clear."
"Representative Greg Harris." Harris, G: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"He will yield." Harris, G: "So, Representative Harris, also reading the legislation here, there are different categories of persons who are not allowed. I'm just trying to understand how this would work in real life. There are a number of categories of persons if you scroll to the top of the existing statute, persons who are not allowed to have a firearm in the State of Illinois including narcotic addicts, people who have been recently in mental institutions, et cetera. Do you see where I’m looking at the top of the statute there?" Harris, D.: "Whatever the statute is, it… that remains unchanged." Harris, G: "So, if a person who was in one of those classifications also had an order of protection, would they under this be able to automatically walk in and get a firearm?" Harris, D.: "No." Harris, G: "And how would the person selling the firearm know if they had recently been in a mental institution or were a narcotic addict?" 09700032.doc 42 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 Harris, D.: "Because we have performed… at the time of the sale, they perform an instant background check." Harris, G: "So that would be covered by the instant background check?" Harris, D.: "Yes, Sir." Harris, G: "Then, I'm not… I’m not a lawyer, so I don't know what form orders of protection usually take. Will the gun dealer… will it be upon the gun dealer, the retailers discretion to look at a legal document and determine that this is a valid order of protection or how would this work?" Harris, D.: "Well, I don't know that the gun dealer has to… has to evaluate it. The individual who is applying for the purchase would have in his or her possession an order of protection which should be valid." Harris, G: "And again, this is a question we come to in a lot of these things where we're asking lay people, such as myself or a person working in a retail store, to make a legal judgment based on the presentation of the document that someone may have in their possession who will come in and say, you know, my name is Greg Harris and I have an order of protection. How would they know this is legal and valid?" Harris, D.: "It's… I suppose anyone could submit a… or try to submit any sort of false identification, but a court order of protection is a court document with a… with an official seal and stamp, and would be I think fairly difficult to duplicate." 09700032.doc 43 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 Harris, G: "I… I understand your answer, I'm just very concerned as we talk about, you know, in the questions of medical marijuana, you know, the possible forgery of a doctor's prescription pad. You know, someone coming in and representing I have a court order. You know, the folks who tend to be the criminals always sort of find a way, and I… I worry about that, that we're asking people who work in a gun store… I certainly understand where you're going with this legislation and respect the intent, but I'm concerned with, are we asking workers in a retail establishment to make legal judgments that they may or may not be qualified to make." Harris, D.: "My sense is that they are fairly well qualified. They have seen lots of documents, and if you've ever been in a firearms store, they are extremely, extremely cautious about selling firearms to anyone who would not be entitled to one. They thoroughly check identification when it is presented, and I would imagine that that order of protection would get a very thorough review." Harris, G: "Did you give any thought to any other third party entities of validating or a database that they could check? Are… let me just ask the question. Are there databases that exist, they're accessible to the public, court orders of protection, that they could verify whether a document was, in fact, legitimate?" Harris, D.: "I don't know. I don't know if there is. I would imagine that the… well, I don’t know for a fact if the instant background check taps into those databases. I'm not sure." 09700032.doc 44 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 Harris, G: "I mean, it would give me a lot of comfort if there was an independent verification that was outside of just a printed document, in this day and age of, you know, hi-tech printers and computers, that someone could check and say, is this a valid order of protection? Then this would seem to make a good deal of sense." Harris, D.: "I follow what you're saying. Again, they look at those things very closely. They have to make a determination if it's valid. I'm sure if they chose, they could make a quick phone call to find that out because it is an official document from a court of the State of Illinois and they could track it down pretty quickly." Harris, G: "All right. Thank you for answers, Representative."
"Representative Burns."
"Thank you, Speaker. Does the Sponsor yield?"
"Mr. Harris yields."
"Representative, I just have a question about the order of protection. My understanding is that a person can apply for an order of protection on an emergency basis and that the court will grant the order of protection without a hearing at the request of a victim that the order will be granted and that order is on the books for 30 days. Is that your understanding as well?" Harris, D.: "Forgive me, I was distracted. Repeat the early part of your question again."
"Sure, certainly. My understanding is that an order of protection comes in two stages. There's an emergency order of protection and I don't know if that's in the statute or I'm just using the term colloquially, but my understanding 09700032.doc 45 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 is that a person can apply for an order of protection and the court will grant that emergency order that stands for 30 days. Before the end of that 30-day period, there is a hearing where the court determines whether or not there needs to be a longer order of protection granted to the victim, and there's a hearing for that process. So, my question is, is that your understanding of the order of protection law as well?" Harris, D.: "It is my understanding that the emergency order is granted only if the defendant cannot be brought into court at the time."
"Okay. Do you have a sense of how many orders of protection are granted on an emergency basis?" Harris, D.: "I do not."
"Can you tell us… does your Bill anticipate that someone with an emergency order of protection would be able to secure a firearm without the waiting period?" Harris, D.: "Well, the Bill right now would not differentiate between an emergency order of protection and a regular order of protection. And if that… if that… you bring up a valid point though. If the emergency order of protection is significantly different from a standing order of protection, then it would warrant… I would think the Bill would warrant an Amendment to reflect that."
"Okay. That is my understanding and you know, I think it would make sense maybe to take the Bill out of the record to amend the Bill so that you make an distinction between the emergency order of protection and the order of protection that's granted after a evidentiary hearing where 09700032.doc 46 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 the court makes its determination on the order of protection based on the preponderance of the evidence." Harris, D.: "I think… and Mr. Speaker, I think the questioner makes a valid point. I'd like to do that. And I would like to take it out for purposes of amending it later."
"Sponsor takes the Bill out of the record. The Chair recognizes Representative Sullivan. Mr. Sullivan wishes he… says he does not wish to speak. Members, please pay attention. Most of the Bills on the Calendar are on Short Debate. The Chair is going to try to limit these Bills to Short Debate because we all have any number of Bills we'd like to pass in the next couple of weeks. If anyone wishes to remove a Bill from Short Debate, of course you can, but let's remember the rules of Short Debate. A two minute presentation by the principal Sponsor, two minute presentation by someone in response and a one minute closing. If anyone wants to remove a Bill from Short Debate as we go, we can do that. The next Bill on the Calendar is House Bill 1726, Representative Farnham. This Bill is on Standard Debate. Mr. Farnham. Please read the Bill."
"House Bill 1726, a Bill for an Act concerning public employee benefits."
"Mr. Farnham."
"Third Reading of this House Bill."
"Thank you, Mr. Speaker and Members of the House. House Bill 1726 amends the Illinois Pension Code by prohibiting individuals to become a Constitutional Officer, a Member of the General Assembly on or after the effective 09700032.doc 47 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 date from participating in the General Assembly Retirement System. These new participants shall participate in the State Employees Retirement System. With this change, new lawmakers and other officials would receive the same pension benefits as regular state employees. House Bill 1726 has an immediate effective date."
"The Gentleman has moved for the passage of the Bill. And on that question, the Chair recognizes Representative Winters."
"Thank you… Will the Sponsor yield?"
"Sponsor yields."
"Representative, we discussed this in committee, and I had one question whether or not this deals with any of the future accrued benefits of current Members of the General Assembly or is this only for new Members?"
"Only for new Members."
"So, a current Member who runs and wins another race would continue to accrue additional benefits for… there's no limit. They could stay here another 20 years, continue to rack up additional benefits?"
"That is correct."
"I… as I mentioned in committee, the Winnebago County Board just passed a Resolution that would have the effect of eliminating any pensions for new county board members, but they also, I believe, stopped the current members from having any additional accrual. And I wonder if you would support such a Bill?"
"Well, you know, I have the same concerns as you do as far as our existing Members, but this is an attempt to make 09700032.doc 48 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 progress on this without creating a huge constitutional… you know, the costs associated with that, and this is clearly constitutional."
"I understand the argument that you're taking a very small bite of the apple at this point and taking what is… again, nobody who would be affected by this at this point knows they would be affected because nobody has put together a campaign or filed papers to run for the office. This is kind of low-hanging fruit, I support it. I think it was an important first step. I hope that we can expand on this, and deal with current Members of the General Assembly as well when that Bill… if it ever makes it out of the committee. Mine did not last week, but I think this is an important issue for this General Assembly to face because the real savings to our pension system is not with this Bill. The real savings is over the next 20 years is for current Members and their additional accrual of benefits. So, I do support the Bill, but hope that we can… I'm trying to highlight the fact that we have to make some very difficult decisions. This is a first step, but I applaud you for it, but I think we need to go much further. Thank you very much."
"Mr. Tryon."
"Thank you, Mr. Speaker. Will the Sponsor yield."
"Sponsor yields."
"Representative Farnham, the question I have, was there… when you put this Bill together, did you look at any fiscal impact to the pension system, and what would happen actuarially if there were no new Members paying into this 09700032.doc 49 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 system over the next 20 years, and what might we see with the pension system if the current funds were to be drained? I mean, was there any that discussion?"
"Elimination of GARS for new Members would save $340 million by 2045."
"Okay. But what about… I mean, part of the actuarial calculation of the Members that are currently in GARS is based upon some contribution be made by Members coming into this system as well. So, I mean, that's what I'm talking about. You know, the pension system is suppose to go broke some say at 2018, so it's going to move it to 2015 or is this going to have an impact on when the fund goes insolvent?"
"Yeah. And I think the answer is, is between now and 2020, you would lose some money but you would make that back plus after that."
"So, you're saying there's no negative impact on the financial integrity of the pension system by eliminating the new Members and putting them into a different system?"
"From now until 2020, there would be some fiscal impact, but after that, it would be a positive impact."
"So, by doing this, we're not bankrupting the pension system?"
"No."
"Okay. No further questions."
"Mr. Eddy."
"Thank you. Will the Sponsor yield?"
"Sponsor yields." 09700032.doc 50 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Representative, what are the significant differences in benefits between a Tier 2 General Assembly Retirement System current and someone in the future after the effective date of this Bill that would go into SERS on Tier 2?"
"On the… on the summary, there are five bullet points which point out the differences between the GARS and the SERS: the vesting, benefit formula, maximum annuities, cost of living adjustment, and maximum pensionable salary growth."
"So, in Tier 2, I think, General Assembly Retirement System was switched to a 60 percent max, correct?"
"Yes."
"So, if you switch to the future, Members to go to SERS, what's the maximum in SERS?"
"It would be 75 percent, but it would take 44 years for a Member to reach that point, and the… it would take 35 years to get to 60 percent. And with the benefit formula it would… for the GARS, the formula is 3 percent for each year and with SERS it's 1.67 percent."
"So, I think to Representative Tryon's point, the calculation of the liability to the pension systems should be the bottom line here. Is there an increase in the liability to the pension systems, the five systems, by switching these individuals in the future from GARS to SERS because of the difference in the 60 percent max compared to the 75 percent max, even considering the number of years?"
"Yeah, that hit to SERS would be very minimal." 09700032.doc 51 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"So the answer is, yes, it's an additional liability to the five systems or this diminishes the liability?"
"In the long run it will reduce the liability."
"Define long run. You said 2020 earlier, the year 2020. How long will it take for… and over the period of the current schedule of the liability of the system, do we reach it in that time period? What's the long-term?"
"After 2020, it becomes a positive to the funds. So, going forward, you would make up any difference that you had between now and 2020, and you would have, you know, a benefit from that."
"What's your intention? Why do you want to do this? Because there must be some improvement or do you want to diminish the benefits because, I guess, in one area you're enhancing the benefit to a maximum. What's your purpose?"
"Because the GARS benefits are much more generous than the SERS benefits and I think that as public servants that we should be on the same level playing field with the rest of the state employees."
"But I think based on Tier 2 they are except for the fact that there's a 75 percent max in SERS and there's a 60 percent max in GARS. So, what other benefits do you think in Tier 2 that you are diminishing that are greater right now in GARS, specifically? "
"Diminishing, did you say?"
"Well, you said we shouldn’t have any benefits that are greater than the ones in the other system, right? Which specific benefits in Tier 2, because we changed that, are now enhanced over SERS?" 09700032.doc 52 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Your benefit formula, your COLA are different, years to vest are different. And the 75 percent, who is going to reach that level? It's probably only been one or two that have ever reached that level."
"Mr. Eddy, can you bring your remarks to a close, Sir."
"Yeah. I just want to make sure we're clear. I think that my confusion might be with the Bill that we passed that would change some of those that, for example, a 3 percent or half a CPI without compounding, but at this point, that hasn't taken place because that Bill isn't completely through the Senate and hasn't been signed. Is that why you're saying that the enhancements are different?"
"I know there's a Bill out there that would do that, but it isn't law yet and this would address that."
"Thank you, Representative. I think this is a tricky one because there are… or there can be the perception that are enhancements because of the difference. I think you've explained it pretty well though, that that 75 percent takes a number of years, but I think the other Bill that brings all of the Tier 2 in line for GARS, is something that was… that got a lot of support and may be… may be a way to fix this rather than to force those people into that, but I'll listen to anymore debate. Thank you for your answers."
"We have two more speakers on this Bill: Mr. Poe and Mr. McCarthy. Mr. Poe."
"Will the Speaker yield…"
"Sponsor yields." 09700032.doc 53 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Representative, can you… can you just elaborate a little bit on that. You said there's only one or two ever draw the maximum 75 percent. Who was you talking about, Legislators or state employees?"
"I'm talking about Legislators. And I don't have any facts to back that up, but 44 years of service."
"Well, hold on, I guess I represent mostly state employees or if I have more than anybody, and I can tell you that there's a lot of state employees who reached that 75 percent over the last few years. Is… is judges also… are you doing the same to judges as you are to Legislators?"
"No, this does not affect judges."
"So, then you're creating another discrepancy amongst the pension systems, right?"
"What I'm trying to do is address the Legislature and Legislators and getting them more in line with what the rest of the state employee are."
"So, you're assuming we're going to start getting twenty… in my district, for example, there's a lot of 20-year-olds go to work for the State of Illinois and work until they're 60-65. So, you're assuming now that we're going to start changing the makeup of this Body and we'll start getting twenty and 21-year olds in?"
"I'm not assuming that."
"What about… is there anything in your Bill that would make it voluntary so that if the Sponsor wanted to be the first one to volunteer for this program, that you could do that?" 09700032.doc 54 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"You know, that is an approach to get around the constitutional issue, and it's something that as Representative Tryon stated or the other Representative that we should look at in the future, but this is an attempt to make a change now to bring us more in line."
"I think… I think there's a lot of thought went into the Bill that we passed on the Tier 2. First of all, it was 60 percent and one of the major differences was the percentage of cost of living. I think if you want to look… that was a trade-off when they went… and went to that for the cost of living was a trade-off from the 60 percent to 75 percent. Here the ink's not even got dry on a program. We got a lot of new Legislators in here, and we continually try to change things. I don't think anyone in this Body runs for the pension. But once you're here, I think if someone's here 10-15 years, they got to stop and consider, and if they especially give up their other job, they give up selling real estate, they give up being on a fire department, some of those kind of things, this becomes their main focus for their retirement. And I think what happens is these kind of Bills are going to create people wanting to leave the General Assembly earlier, and then I think we lose that institutional knowledge. And I think it's something that you… we really need to consider when we start passing these kind of Bills because I… I really believe the intent is fine, but… and I also believe none runs for office when they first get here. But like I said, after 10 years you give up your job, you're going to start looking around and saying, you know what, we ain't going to 09700032.doc 55 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 be able to retire on this, we're going to move on, and I think you lose a lot of value that some… some older Members can always come up and tell you some things that's happened. So, I think that we ought to take a look at this before we keep passing Bills and water down those pension systems. Thank you."
"Representative McCarthy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, the… I didn't like opposing your Bill in committee and I don't like opposing it on the floor, but as I said in committee, I mean… and I think Representative Poe spoke about this, last year the changes we made to the General Assembly Retirement System and the Judges' Retirement System were by far the most dramatic as far as reducing benefits to the new Members after January 1 of this year. So, now on this Bill here, SERS has some Members that are under Social Security and they have some Members who are not under Social Security. Does your Bill stipulate whether the new Members of GARS would fall into the SERS with Social Security or the SERS without Social Security?"
"It does not spell that out specifically."
"Do you have any intention that maybe you'd share with the Senate Sponsor as to which way you would ask the system to be inclined to go? 'Cause the payment that we would have to put in for these individual Members would be greatly increased if they… we put them in the Social Security system. Not only would there be a matching thing 09700032.doc 56 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 from SERS, but there would also be the 7.65 percent for Social Security. So whether the state would save any money is highly doubtful."
"Well, we don't collect Social Security."
"We don't what? Yeah, but this is a new game. This is not 'we': this doesn't affect 'we'."
"Right."
"We're talking about the new people…"
"New Legislators don't pay…"
"…so, your intent… your intent is that they would be Members of SERS that are also part of Social Security or is your intent the opposite?"
"Could you repeat the question, please?"
"I'm saying, SERS has some employees that when they're hired they're told that they're going to be in SERS but also in Social Security. So, we have to make… they have to make the Member contribution to Social Security and the state has to make their matching one. SERS has other Members who are not in Social Security, they make a higher pension payment in that case. So, you're saying that the Members… the new Members of the General Assembly will be in the SERS System, but you don't seem to have an inclination one way or the other whether they'll be in the SERS with Social Security or SERS without Social Security, and there is a big cost difference to the state and it's an immediate cost difference that we can't fool around with by changing actuarial formulas and things." 09700032.doc 57 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"I guess… why would the SERS put them into the Social Security category where we don't pay Social Security as Legislators?"
"We don't, but we're not in SERS. GARS made the decision. GARS is a pension plan that does not participate in Social Security and we have certain rules we have to abide by because of that. There are areas of SERS that abide by those rules and the people do not get Social Security benefits and then there's areas of SERS where people do. So, well, that change can maybe be made in the Senate or something, but that's a very, very, important decision that would affect the contribution that the state has to make and they have no choice in this, they have to make that right away if they go into Social Security. We can't play games with that and say we're going to make less of a contribution that is mandated by Federal Law. So, I have no more questions for the Sponsor, but I just would urge the Body to be very suspect. We did a good job last year going… changing the system so the Judges' Retirement System and the General Assembly Retirement System. I know there's a big thing out there in the public, let's go after them, let's reduce it again. We've had Bills in committee where we're going to completely abolish the General Assembly Retirement System. This Bill did get out 5 to 4, the minimum number of votes needed to go out, but please don't be afraid of voting against the Bill. I think that there's a lot of decisions that haven't been made yet. The questions that Representative Tryon asked… As a Member of the General Assembly Retirement System Board, I know that 09700032.doc 58 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 the board was not approached. I know that the executive director was not approached to answer those questions as to the overall cost. Also, the overall fundamental, you know, existence of the program as we go forward with no one making contributions into the system after a certain point. So, I think that this is, you know, while I think the intentions were good, I think this is too much of step forward. We're working as a comprehensive group. There's Members assigned from every caucus of the General Assembly that have been meeting, myself and Mr. Schmitz has been meeting with Members in the Senate and other groups. We're looking at comprehensive reform. I don't think we need to go forward with something like this. It might feel good and might look good on a brochure, but in the long-term it's not the right answer to solve any of our problems with the pension liability. And if you're talking about the 80 billion pension liability that the state's five systems currently has, this would be like a drop of water in the ocean as far as making any dent in that liability whatsoever. We need to concentrate on what the real target should be: comprehensive reform to all the systems so we can continue their viability into the far future. That's what we need to be working on. I would urge everyone in the chamber to vote 'no' or 'present' on this initiative."
"Last speaker will be Representative Nekritz."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields."
"Representative Farnham, when this Bill was up in committee, we talked about the question of whether when you 09700032.doc 59 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 end a system this way under the Government Accounting Standards Board requirements, will we have to pay more into the system in early years because it… it's my understanding from the National Conference of State Legislators that when… under the GASB standard, when a pension system is ended, that the unfunded liability is frontloaded in the payments, and so other states have looked at this and said, well, we don't want to go to a 401(k) or we don't want to end the system because it's going to require us to pay 50, 60, 70 percent more in the early years. Did you get that information?"
"We will have to make up more contribution in the early year… between now and 2020."
"So do we know… just for example, in fiscal year 2012 how much more we're going to have to pay in?"
"It'll be about $40 million more between now and 2020."
"And is that… is that coming from the retirement system and their calculations under the GASB standards?"
"Tim Blair did a study, actuarial study on this, and that's about the number that they came up with through 2020."
"Okay. I understand that the system has done that, I just am trying to clarify the question I asked in committee and which in committee, you told me you would get that information trying to clarify, are those… is that the number under the GASB standards?"
"I have not heard that from Tim Blair yet on that." 09700032.doc 60 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"So, Representative, I think you made a commitment in committee that we would get that information so that we would know. I am not opposed to the Bill, but I think that we, as a Body, are entitled to know what our financial obligation and what our fiscal obligation is going to be in fiscal years 2012 and 2013 when we're already having to make significant cuts. Are we going to have to make more cuts because of these additional… because of this additional requirement? And I think that that's something that needs to go into the calculation as to how Members vote. So, I would ask you if we can take the Bill out of the record until we can get that information on what GASB requires us to do."
"And in respect, I will pull it."
"Great. I appreciate it. Thank you."
"The Gentleman takes the Bill out of the record. Mr. Dunkin, do you still wish to speak, Sir? Gentleman indicates he does not wish to speak. The next Bill on the Calendar is House Bill 3186, Representative Ford. This Bill is on the Order of Short Debate. There will be one speaker on the opposite side. Mr. Clerk, please read the Bill."
"House Bill 3186, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Mr. Ford."
"Thank you, Mr. Speaker and Members of the House. House Bill 3186 would require the state to set goals or at least a goal that 10 percent of the state contracts in Illinois are awarded to small businesses, and require the state to 09700032.doc 61 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 offer these small businesses contracts in the State of Illinois. It's only a goal; it's not a requirement. I don't think we could force the state to do anything in this Bill."
"Gentleman's moved for the passage of the Bill. And on that question, the Chair recognizes Representative Eddy for two minutes."
"Thank you, Speaker. Will the Sponsor yield?"
"Gentleman yields."
"Representative, the original version of this Bill was quite different. There was a requirement, is that correct?"
"There was a requirement that CMS would be responsible."
"So, the original version required it and this makes it a goal?"
"A goal."
"So, there's no mandate whatsoever. They will try to do this, but we don't have that mandate. I just wanted to point that out because there was that opposition, you did amend the Bill to remove that, and that's appreciated. And it would be obviously a goal to try and provide those contracts. We thank you for that, and appreciate the answer."
"Thank you very much."
"Mr. Ford to close."
"Very much I move for passage of House Bill 3186."
"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Brauer, Morthland, Sosnowski. Please take the record. On this 09700032.doc 62 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 question, there are 104 voting 'yes', 12 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 195, Representative McAuliffe. This Bill is on the Order of Short Debate. Mr. Clerk, please read the Bill."
"House Bill 195, a Bill for an Act concerning local government. Third Reading."
"Mr. McAuliffe."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 195 in respect to township directors, would provide that a conviction in any court in the State of Illinois or in the U.S. Court for an infamous crime shall constitute a resignation from that office. Currently, felons are barred from holding municipal or village offices and this would just comply and make sure they couldn't hold the township official position. I'd be happy to answer any questions."
"The Gentleman moved for the passage of the Bill. And on this question, the Chair recognizes Representative Rose for two minutes."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields."
"Representative McAuliffe, you're saying… what is your definition of an infamous crime?"
"I believe like a… an infamous crime would be like murder, bribery would be one, extortion."
"Is there a list somewhere of an infamous crime?" 09700032.doc 63 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"There may be a list: I'm not sure. I thought it was extortion, murder, theft, forgery. I think those are some of them. I'm not sure if I'm missing any others."
"Well, and I appreciate what you're trying to do here, but one of the guys that I represent is someone that did something stupid when they were a young individual. Twenty years later they, you know, been a model citizen, volunteer fireman, family, you know, they're older and has been separately elected by the people with the people being aware of the past situation, and the people elected them anyway. So, why would we overrule… I mean, if the people want to elect somebody with that information, they can elect someone with that information."
"I think in the Amendment that we put in, there were some felonies like you're saying maybe a drunk driving offense, that would procure maybe like a shoplifting thing, if it was something like that, that would… the Amendment put it so it wasn’t every single felony, but like a felony of a infamous crime again, murder, rape, forgery, extortion, things of that nature."
"Well, I'm…"
"Mr. Rose, Mr. Rose, please bring your comments to a close, Sir."
"Thank you, Mr. Speaker. Representative, I'm looking at the Amendment and I don't see a definition of infamous crime that says what those are, and… Representative, I would… I would personally appreciate it if we could figure out what that is just to make sure we're not…" 09700032.doc 64 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Okay. Mr. Speaker, could we pull this out of the record."
"The Gentleman…"
"Thank you, Representative."
"…the Gentleman removes the Bill from the record. Next Bill would be House Bill 144, Representative Franks. This Bill is on the Order of Short Debate. Please read the Bill."
"House Bill 144, a Bill for an Act concerning public employee benefits. Third Reading."
"Mr. Franks."
"Thank you. I apologize. What this Bill does, is to allow a municipality to dissolve a downstate police pension fund or downstate firefighters' pension fund if an independent auditor certifies that the fund has no liabilities, participants, and beneficiaries. This was brought to me by the Harvard, Illinois Fire Department asking us to do this 'cause there's no way right now for a fire department to be able to dissolve their pension fund. I'd be happy to answer any questions."
"The Gentleman moves for passage of the Bill. The Bill is on Short Debate. The Chair recognizes Representative Eddy for two minutes."
"Thank… thank you. Will the Sponsor yield?"
"The Gentleman yields."
"Representative Franks, when they dissolve the fund, where does the money go? What are they allowed to do with it? Does it go into a general fund? Does it… is it by resolution of the authority?" 09700032.doc 65 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Right now, there are a handful of inactive pension funds that don't have any active or any members whatsoever, any retirement members or anyone actually paying in. But unfortunately, they're still required to audit this even though there's absolutely no transactions going."
"Then I understand that and I don't dispute the idea, you have to be able to dissolve those funds for audit purposes, but I’m wondering where the money goes and was this a levy that created the fund…"
"Yes."
"…and why… I mean, is it a abated back to the taxpayer or does it go in a general fund?"
"That's assuming that there are funds. Oftentimes, there's very little, if any. I'm not sure of that answer right now."
"Okay. Well, if could check into that, and if this needs to be tightened up to direct those funds, especially if they were funds that were established by levy, some mechanism to abate those or if they were not, some way the process of putting it into a general fund or however that works out. I'd like to know."
"I'll work with the Senate Sponsor if necessary on that."
"Okay. Thank you."
"But I appreciate that question. I just… I don't have a good answer for you."
"Mr. Franks to close."
"I appreciate the question and I will follow up with our Senate Sponsor on this if it needs to be done, but I 09700032.doc 66 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 think this is a way to clean up some of these inactive funds and to stop the cost to the municipalities for pension funds that aren't being used or needed. I'd ask for an 'aye' vote."
"Those in favor of the Bill should vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Sosnowski. Please take the record. On this question, there are 116 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3314, Mr. Bill Mitchell. Please read the Bill."
"House Bill 3314, a Bill for an Act concerning local government. Third Reading of this House Bill."
"This Bill is on the Order of Short Debate. Mr. Mitchell." Mitchell, B.: "Thank… thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3314, it authorizes the Central Illinois Economic Development Authority to create one or more employment advisory boards to report to the authority on employment related issues impacting central Illinois. Counties in central Illinois have some of the highest unemployment rates in the state of Illinois. This is just one piece of the puzzle we'll address how we put our folks back to work."
"Gentleman moves for the passage of the Bill. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? 09700032.doc 67 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 Representative Lilly. Please take the record. On this question, there are 116 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3115, Representative Gordon. Please read the Bill."
"House Bill 3115, a Bill for an Act concerning education. Third Reading of this House Bill."
"This Bill is on the Order of Short Debate. Representative Gordon." Gordon, J.: "Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This legislation amends the School Code to restructure the Textbook Loan Program. Current law provides that the state board shall provide the loan of secular textbooks free of charge to any public or nonpublic school student. Due to the fiscal conditions of the State of Illinois, the Illinois Textbook Loan Program was not funded in FY9, '10 or '11. This Bill would not force the state to fund this program, it merely reduces the amount of bureaucracy in the event that the state does fund this line item in the future. ISBE ask actually… just me to give you some background. ISBE does the actual purchasing as well as the vouchering of the funds to vendors after they have received confirmation from the school districts and the schools that they have received all the materials that they have purchased. What this legislation purposes to do is to remove ISBE's involvement with the purchasing of and payments for the textbooks and the related materials. Under this proposal, any future funds for the Illinois Textbook Loan Program would be distributed to the eligible 09700032.doc 68 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 entities on a per pupil basis for the purchase of textbooks and related materials, very similar to the process for the distribution of the ADA block grant. Districts and schools would then be able to order their materials directly. Restructuring this program will save the State of Illinois money. Currently, the state pays vendors directly. Because payments are usually delayed, the state incurs prompt payment fees from those vendors. By paying the districts directly, the state can avoid the prompt payment fees. The state has incurred over $1.5 million in the last fiscal year in prompt payment interest penalties. This legislation did pass the House Education Committee unanimously, and I am open to any questions, but I ask for your favorable vote today."
"The Lady moves for the passage of House Bill 3115. This Bill is on the Order of Short Debate. And the Chair recognizes Representative McCarthy for two minutes."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Lady yields."
"Representative, our analysis says that the Catholic Conference requested an Amendment. They've always been included in this program and did you see to their wishes?" Gordon, J.: "Yes, I did. The Amendment that's on this legislation… the Amendment that was adopted by the committee was from the Catholic Conference. Essentially what they wanted was some clarification as to if the books were secular or nonsecular. So, they're comfortable with this." 09700032.doc 69 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Thank you. And our analysis also says the Illinois High School Association was an opponent, is that correct?" Gordon, J.: "I did see that. They have not contacted me at all. They were not in committee…"
"They were not in committee?" Gordon, J.: "…as an opponent to this legislation. I did see that as well, though."
"Okay. Thank you for your answers." Gordon, J.: "Thank you."
"Lady moves for the passage of the Bill. Those in favor vote 'yes'; opposed 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Representative Hays and Sosnowski. Representative Hays. Please take the record. On this question, there are 110 voting 'yes', 6 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3256, Mr. Moffitt. Please read the Bill."
"House Bill 3256, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Mr. Moffitt."
"Thank you, Mr. Speaker. This legislation idea was brought to me by a constituent for antique vehicle plates. Current law limits the use, legal use, to going to shows, doing repairs, having it serviced, very limited travel. This would allow expanded use for seven months out of the year. If they want this plate, then they would pay an additional $45. So, they're paying additional money for the additional time. The Secretary of State's Office, I believe, was… they testified. I believe they're neutral. 09700032.doc 70 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 They indicated it could even increase revenue by additional plates, but did not see it as a cost. I did receive a letter from a National Association… Historic Vehicles Association indicating their strong support and pointing out the economic activity that is generated with antique vehicles. Be happy to entertain any questions."
"The Gentleman moves for the passage of the Bill. There being no debate, those in favor of the Bill shall vote 'yes; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 116 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1831, Representative Hernandez. Representative Hernandez. Out of the record. House Bill 3041, Representative Nybo. Please read the Bill."
"House Bill 3041, a Bill for an Act concerning government. Third Reading of this House Bill."
"Representative Nybo."
"Thank you, Mr. Speaker. It's a special day for me and I actually made sure to come prepared, so if you'll excuse me while I do a wardrobe change here. I believe this might be more appropriate…"
"I think you just purchased that, Sir."
"Sir, this is a fine blazer and if you'll let me put it on here for a second, but I think it's appropriate."
"Well, we'll certainly wait for that. And by the way, since this is your first Bill, Sir, the Chair will waive Short Debate." 09700032.doc 71 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Though not as tight as Representative Mussman's blazer might be, this is still a little tight, so if you'll excuse the fact that it doesn't fit properly, but Mr… Mr. Speaker…"
"You really should buy those in the right size, Sir. Please proceed."
"Mr. Speaker, this is a noncontroversial Amendment to the Notary Public Act, and basically what it does is it expands an existing exemption exception to the statute to add a trust company within the meaning of 'financial institution'. But since I'm sure we're all well versed with the specifics of the legislation, I will keep my explanation brief; however, I am open to any questions the Members my have. But I know we are very busy today, so if we want to keep it on Short Debate, I'm more than amenable to doing so."
"The Chair has no idea what you said, Sir. But the Gentleman moves for the passage of the Bill, and the Chair recognizes Representative Eddy."
"Mr. Speaker, will the Sponsor yield?"
"Well, I'm certain he will."
"I was thinking about verification. I’m not going to do that. Representative, by the way, that's nice. I’m not sure the tie goes with it, but I think you should have had to wear it for the picture. We can have that airbrushed in though after we get the proofs back. You'll be wearing a red jacket in the final House picture. Can you tell us again, the Illinois Notary Public Act, what… what was the genesis of this? Did you wake up one day with this burning 09700032.doc 72 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 desire to make what appears to be a very, very nonimportant, almost worthless change to that?"
"Representative Eddy, I wouldn't call it nonimportant or worthless."
"Well, of course you wouldn't, it's your Bill, but…"
"This is an initiative of North Star Trust Company who's one of the companies that would benefit from this exception. It's a provision of the Notary Public Act that requires people conveying property in Cook County to create a notarial record. And what this does is… the Bill allows financial institutions to store the notarial records on the premises of their business as opposed to… if you're not a financial institution, you have to file it with the Cook County Recorder of Deeds. So what this does, it's just expanding the definition of 'financial institution' to include trust companies. So this is a cost-saving measure. It'll make it easier for trust companies to preserve those records on-site on their own premises. And you know, it's not controversial, it's not the most important piece of legislation, but it is something that's helpful and an exception that's warranted."
"So, basically what you're trying to do is change the definition of a 'financial institution' to include trust companies. Now, that's for the purposes of notary only?"
"It's for the purposes of creating and preserving and storing the notarial record which is set out in statute."
"But you're not trying… I don't see anything in the Bill that requires a trust company to have a drive-through window." 09700032.doc 73 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"You are correct, Representative."
"Well, aren't you going to confuse people because a financial institution should include some place for people to drive through? Why haven't you gone a little deeper here and tried to change the definition of a 'financial institution' so that a trust company would also have to… just besides notaries, that's nothing. Think about what trust companies could do for us if they were full-fledged financial institutions."
"With all due respect, Representative, if you read the Bill and you read the proposal, I don't think there's any confusion created by the proposal."
"Pardon me?"
"I don't think there's any confusion created by the proposal, Representative."
"Well, it doesn't seem to go very far. It seems to me that if we're going to do something substantial and we're going to change the definition of a 'financial institution' to include a trust company, that we would also include that that trust company perform other duties that would also align with what the common definition of a 'financial institution' is."
"Representative, if you want to propose that next Session, I'd certainly give it some consideration and support…"
"So… so, you're not interested in putting the Bill back on Second and amending it to be…"
"I am not interested, no." 09700032.doc 74 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Okay. Well, I didn't think so. Well, Representative, I wish you good luck. I think that… I think that what you're trying to do here is not a bad thing, I'm just not sure it goes far enough. I think if we're going to change the definition, perhaps we need to be a little more inclusive of that change, but we'll wait and see what the rest of the Body thinks. Good luck."
"I don't think he meant that good luck, Sir. Representative Bost."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields."
"Now, exactly how great of a change is this to the law? How many… is there a lot of words being changed in this or…? This is not real tough."
"Representative, to be specific, it's adding… it's adding a comma and three words."
"It's adding three words."
"Yes, Representative. Three significant words."
"Three words. You know, there was another Representative that was from the other side of the aisle, he… apparently a math whiz. And so I'm trying to figure out, it took you that long to figure out there was three words… no, I'm sorry, no, you need to look. It adds three and takes one away."
"You're absolutely correct, Representative."
"Yeah, you need to know your Bill. You know, I'm a little concerned that… do you know that there are groups here today that represent banks that'll be moving in and out of the Capitol?" 09700032.doc 75 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Yes, Representative."
"You aren't carrying this specific today to play to those groups are you?"
"No, Representative."
"'Cause there's some ethical rules, you know, and we want to make sure that we comply."
"I am quite familiar with the ethical rules, Representative."
"Okay. I want to make sure."
"Thank you."
"Well, I tell you what…"
"I appreciate your concern."
"I… I am… I'm not sure by looking at the language though, have you… are you yourself a notary public?"
"No, Sir."
"Then what gives you the experience to carry this Bill?"
"Well, there are three important words, Representative. I understand those three important words, and it's our prerogative and our authority and I think all… each Member of this Body is equipped to bring any piece of legislation forward that they so desire."
"Well, my… how many new people will this employ?"
"Can you repeat the question, I missed that?"
"How many new people will this employ?"
"Oh, I'm not sure this will employ any new people, Representative."
"It won't give an opportunity for more people to be notary publics?" 09700032.doc 76 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"That is not the intention, and I'm not sure that that will be the effect."
"All right. Well, I'm going to listen to the rest of the debate, and I think the Bill's awesome. But let's go ahead with it."
"Awesome. Thank you, Representative."
"Representative Will Davis." Davis, W.: "Thank you very much, Mr. Speaker. Representative, what does this Bill do?"
"Yes, I will yield." Davis, W.: "Pardon?"
"We'll handle that up here, Sir. Yes, he will yield." Davis, W.: "Oh, okay. What does the Bill do?"
"The Bill creates an additional exception… or additional element to the definition of 'financial institution', which there's an exception for under the statute in terms of how notarial records are kept, where they need to be maintained. So, it adds…" Davis, W.: "I'm sorry… I'm sorry, Representative, I couldn't hear you. Your jacket is too loud. Can you turn it down, please."
"Boy, and I hope you like the red jacket, Representative, I know you've frowned upon this in the past, but…" Davis, W.: "Were you yesterday when Representative Biss wore the jacket?"
"I was, Representative." Davis, W.: "Okay. And unfortunately, the same thing that applied to him applies to you. Just not a good look for 09700032.doc 77 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 you. Or is it something… now you introduced this Bill on behalf of Corporate Fiduciaries Association of Illinois. Do they all wear red jackets too?"
"Representative, I will not disagree with you that this is not a good look for me, but…" Davis, W.: "Do they all wear red jackets too?"
"…tradition dictates." Davis, W.: "Do they wear red jackets also?"
"Not… not that I'm not aware of." Davis, W.: "Not that you're aware of?"
"No." Davis, W.: "Okay. I just… you didn't take my advice did you?"
"I did not take your advice. Anyway, I'm very sorry about that, Representative." Davis, W.: "Okay. All right. So, unfortunately, while Representative Biss got a pass, I don't know about you because, you know, you're wearing a red jacket and you know one of the buttons we get to press here is red too, don't you?"
"I understand that, Representative. And I'm sorry that you have to be subjected to this." Davis, W.: "Oh, no, I'm sorry you have to be subjected to it. So, well, hopefully things go well with your first Bill, you know, and hopefully you won't have to go through that again."
"Thank you, Representative. I can guarantee you this will be the last time I wear this jacket." Davis, W.: "You're welcome."
"Representative Mendoza. Think red." 09700032.doc 78 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Thank you, Mr. Speaker. Does the Sponsor yield?"
"The Sponsor yields."
"Thank you. Well, I would just like to say for the record that, Representative Nybo, I think you look very pretty in pink. It's really not so much red, it's pink. And I was…"
"Do I have to respond to that, Mr. Speaker?"
"I was wondering though, I do have a question. Do you like to sing?"
"I have been known to sing, but along with the red jacket I want to limit the friends of nature of my presence here on the floor."
"Do you have a favorite song?"
"I do not have a favorite song, Representative."
"Well, I think you probably do have a favorite song and you're holding out from this esteemed Body."
"I'm not sure that's the case and…"
"And I would just say that given your… you look like a central casting pick from Glee."
"I'll take that as a compliment, Representative, thank you."
"And I would like for you to share with this august Body your favorite song, if you would. Since you look like, I mean, I swear I've just been waiting for Gwyneth Paltrow to come through here and team up with you. But maybe you could do a solo for us. What do you think?"
"Representative, I will have to consider that question and I'll have to get back to you on that one." 09700032.doc 79 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"That doesn't sound very promising. Now, you keep talking about these three very special words, you know. As girls, we typically think of a very special phrase when we hear three special words. What are those three special words, Representative Nybo?"
"Well, the three… the three…"
"Are they 'I love you'?"
"Representative, the three special words that I have in mind are: for, trust, company for purposes of 3041."
"That really doesn't sound so special."
"Well, they're special to me, Representative."
"All right."
"And certainly if I can get your 'yes' vote."
"Well, yeah. All right, forget it. Okay. You lose. Vote 'no'. Thank you."
"Thank you."
"Representative Rose."
"Thank you. Will the Sponsor yield?"
"Sure."
"What is the difference, Representative, between a notary public and a notable Republican?"
"I'm not equipped to answer that question, Representative Rose. I’m sorry."
"Would you be a notable Republican?"
"Am I a notable Republican? Or can you repeat the question?"
"A Republican of notes. You'd be a Republican of note, no doubt."
"I couldn't hear him. Can you repeat it?" 09700032.doc 80 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"We're good. Thank you, Mr. Speaker."
"Mr. Nybo to close."
"I would ask for an 'aye' vote. And I appreciate your questions. Thank you."
"It's the best you can do? Those in favor will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Hatcher, Nekritz, Saviano. Mr. Saviano. Please take the record. On this question, there are 116 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Congratulations, Representative. I thought they were pretty easy on you. House Bill 3189, Representative Jones. Please read the Bill."
"House Bill 3189, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Representative Jones."
"Thank you… thank you, Mr. Speaker. House Bill 3189… two in a row… House Bill 3189 changes a couple of words in the… currently, no one can plow or remove snow or ice or deposit it in a public highway or shoulder. This takes that exemption and extends it to the residential sidewalk. And I would like to ask for an 'aye' vote on this Bill."
"So, Mr. Jones, do I understand this is your first Bill?"
"Yes, Sir."
"I see you're wearing a red tie. Very good, Sir."
"Yes." 09700032.doc 81 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"The Chair… the Gentleman moves for the passage of his Bill. The Chair recognizes Representative Mayfield."
"Excuse me, Representative, does this mean that if snow is piled in front of my driveway, that I cannot then shovel that snow into the street to remove it from my driveway so I can get my car out?"
"Yes, Representative."
"Where would I put the snow that is blocking my driveway because this is happening to everyone in this room?"
"Thank you, Representative. You can take that snow and have Members, I can come to your house and help and we'll pile it on the side for you."
"No, I'm serious. Where can I place this snow? It's piled in front of my driveway. We all know the plow trucks go through and they pile these big banks of snow right at the end of your driveway, and you're saying that I cannot push it back out into the street along the curb. Where does that snow go? Because there are no repositories for snow."
"According to this Bill, Representative, you would have to take that snow and throw it on the side or take that snow and throw it like closer to the sidewalk."
"You just said that I couldn't put it there."
"Well, no, this Bill says that you can't take the snow and put in the public street. So, I can pick…" 09700032.doc 82 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"So, I’m to pick the snow up with my shovel because most people have a snow blower, so now I need a shovel and I'm suppose to take my shovel, lift this snow, carry it 10 feet past the sidewalk and dump it where, in the lawn?"
"You can dump it in the lawn, that's not a petty offense. Because this Bill says if you dump it in the public street it is a petty offense."
"Is there liability should I hurt myself moving this snow 20… you know, snow is heavy, and you're wanting me to pick up all this snow that's been piled in front of my driveway, carry it 10-20 feet to an undesignated location with the risk of harming myself. Is that correct, Representative?"
"Yes, Representative. And this Bill doesn't come with Excedrin and you can't get, if you hurt your back you can't get aspirin or anything to cure your pain. So, I'm sorry."
"Is lia… what about workers' comp? Is there a form of workers' comp where something that I can apply for as a result of hurting myself because of your Bill?"
"No, Representative, it's not… you can't apply for workers' comp."
"So, there's just no remedy for me at all. I'm to hurt myself so that there is no snow in the middle of the street. Is that correct?"
"Well, no, Representative. And seeing that we're trying to stimulate the economy you can hire some kids in the neighborhood and they can help you throw it on the side as well." 09700032.doc 83 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Representative, I think this is a bad Bill. I think you should reconsider it and pull it from the record until there is a liability placed in place."
"Thank you, Representative. I will consider that."
"Representative Eddy."
"Thank you. Would the Sponsor yield?"
"I think so."
"Representative, in all seriousness, I'm looking at this Bill and the current law allows individuals, if there's snow in their driveway to shovel that snow or push that snow back out into the street. That's what you can do right now. By the way, I can't believe you don't have a red jacket on and you think you're going to pass this Bill."
"Representative…"
"I thought that was pretty…"
"…I was ready yesterday, I'm on my third five-hour energy drink. I also, for everyone, if you want Representative, I can… bought a Bull's hat."
"Well, it's a Bull's hat, so that's a good start. But we'll see. I’m not sure. I’m not sure… I'm not sure that'll do, but there's a lot of red in here today, you might be able to get somebody to help you out, it might be a little tight fit, but there's probably a red jacket in here that would fit you. But get back to this idea that there's snow in my driveway and I am going to remove that back into the street. The guy that put that snow in my driveway was the guy on the street. Why shouldn't I be able to throw it back out there?" 09700032.doc 84 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Because I believe it's your driveway, Representative, so you would have to ask the gentleman to… I don't know."
"Well, but I guess my point is, he's the one that put the snow in my driveway. If he didn't come along with the snow plow and plow it into my driveway, it wouldn't be there. And now, all I'm doing is returning the favor and you're going to pass a law that says I can't be… I can't return the favor."
"I'm sorry, Representative, I know the people with long driveways don't like this Bill, but people with short driveways love this Bill. Is that correct? It's the opposite way. I'm sorry, Representative."
"Well, but… All right. Let me see. They way the Bill reads now though, it looks like if I take the snow directly from the driveway portion and I put it on the sidewalk for a period of time, even if it's for one second, then it's okay to put the snow back on the street because you only excluded driveways."
"Technically you're correct, but this Bill…"
"It's a loophole."
"It is a loophole and we'll look at…"
"Giant loophole."
"…trying to close that loophole, but this Bill just…"
"Would you want to take the Bill out of the record, put it on Second and close that loophole?"
"Representative, I would love to pass this Bill and take your consideration…"
"Well, it is important public policy, you're right. It actually changes two words…" 09700032.doc 85 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Yes."
"…in state statute. Actually it eliminates two words. It doesn't even change them."
"Yes."
"It eliminates. One final question and I think this is the question of the day and here's why. Yesterday we passed some very important public policy in this state regarding fur-bearing mammals. How did you vote on that Bill?"
"I voted 'yes' on that Bill."
"Okay. So let me ask you this question. What if the truck that plowed the snow into the driveway hit a fur- bearing mammal and that fur-bearing mammal was among the snow that was in my driveway. Am I allowed first to… if I have a permit and it's in fur-bearing mammal season, to then take that fur-bearing mammal and does that affect the disposition of the snow?"
"Only if you had a FOID Card with the snow plow and the Caterpillar driveway. Yeah, only…"
"Well, but I think the Bill yesterday allowed someone other than the driver of the vehicle to actually harvest the fur-bearing manamal… or mammal carcass."
"Yes."
"Is that true?"
"Yes, that's true."
"So, does your Bill do anything to undo the public policy that we passed yesterday? Does it do anything to mess with that because that was important?"
"No, Sir, it doesn't" 09700032.doc 86 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"All right. Well, that's not your intent. Well, good luck. I… if I were you, I'd really look around for a red jacket. That and that alone sometimes causes these Bills to die."
"Thank you, Representative."
"Mr. Mathias."
"Representative, will the Representative yield?"
"Certainly."
"Thank you, Mr. Speaker. So, Mr. Representative… just so I understand, Representative Jones, and I think Representative Eddy has hit on a major flaw in this Bill. So, if… would you… would you be willing to amend your Bill to say that the city can't plow the snow onto… onto our driveways?"
"No, Representative. I wouldn't… I'd be happy to look at it down the road and try to come up with other ways, but no, I wouldn't want to amend it."
"So… so, you think it's fair that we can't push the snow on to the street after the trucks from the city pushed it on to our driveway? We're just giving back their snow."
"I… you know, Representative, there's a lot of things in life that's not fair and I… I mean, I would love to have support on this Bill."
"And could you elaborate, what's the penalty if we do push the snow on to the street?"
"There's a petty offense which could include a $50 fine or community service."
"Okay. And let me ask you this, what if I pushed the snow on to my front lawn from my driveway and then pushed 09700032.doc 87 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 the snow from my front lawn on to the street, would that be okay?"
"Technically, it would be okay."
"Because you said you could only… you can't push snow from your driveway on to the street. Do you think that if the police were coming by, they're going to know where I pushed the snow from if it was from the driveway or from my front lawn?"
"Only if you have a FOIA (Sic-FOID) Card and they have a scanner to check to see if you're doing it."
"Okay. Well, in my district, according to the Capitol Fax, I shouldn't be dealing with those issues. Anyway, so, you are saying it is okay for me to push snow from my front lawn, which probably holds a lot more snow than my driveway, on to the street?"
"Yeah, cause it would mean lesser snow that you've taken from the sidewalk and throwing into the street."
"Okay. So… and if I get stopped, I will mention that you said it was okay."
"No, please don't."
"And do you play sports? I mean, I noticed you're… isn't there a rule about wearing hats in this chamber? I don't know. I just…"
"I got permission from…"
"From who? Is that the Speaker sitting next to you… standing next to you?"
"No."
"No, oh, okay."
"It's not the Speaker." 09700032.doc 88 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"I didn't know if somebody else could give permission. Okay. Well, thank you very much. I think although there are some loopholes in your Bill, I'm going to review it carefully before voting."
"Mr. Colvin."
"Thank you, Mr. Speaker. Will the Sponsor yield for a question?"
"The Gentleman yields."
"Mr. Jones, just so I'm crystal clear about what you're trying to accomplish in your Bill, I'd like to preface my question by saying I think this is the first time that I've ever asked someone who was presenting their Bill for the first time a question, but I will have to tell you that my district being located entirely within the great City of Chicago, the issue of snow and snow removal is a very sensitive and a very critical issue. So, Mr. Jones, let me ask you, what does your Bill do with regard to dibs?"
"This Bill only applies to public highways, Representative."
"Okay. No, what I'm asking you, do you understand what the dibs provision is in a Bill? As my colleague…"
"Yes."
"…Representative Cam… just pointed out, and you're a suburban guy, so you may not understand what dibs is in the City of Chicago. In the City of Chicago, dibs during a snow storm is very important. Dibs on parking is a very, very critical issue. Now I see this Bill also applies to the City of Chicago. Having said that, when an individual takes the time and effort to dig out their parking space 09700032.doc 89 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 and I put my two kitchen chairs out there with a two-by- four, I want to know is there's any provision in your Bill that would prohibit me from having dibs on my parking space?"
"Well, it doesn't apply unless they're trying to cover up a public parking space, and I do know what dibs are. Dibs…"
"Well, you know, in front of my house, that's a… that's a… that's a street, it's… anyone can use it. That parking space, I don't have a deed or a lease to it, but I park there. So, I'm actually taking a piece of city property and I'm putting my kitchen chairs out there or one of those safety cones or a two-by-four or piece of lawn furniture to protect that spot. I want it… I'm simply asking you, does your Bill ensure that my two kitchen chairs would be safe or would I have to go to Aaron's Furniture to replace them every time there's a snow storm?"
"Yes, because it's only a public highway. So, in reference to like 87th and Stony Island, nobody that lives close to 87th and Stony Island can take it and dump it on Stony Island which is a public highway."
"Well, there are people who own homes on Stony Island, I admit there's not a lot, but there are people who have residential properties. And so, are you saying that if they put their kitchen chairs out on Stony Island to protect their parking space that this is going to be an issue?"
"No, Sir." 09700032.doc 90 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Okay. Then if that's the case, then I'll take your word for it and I’m going to support your Bill. Thank you, Representative."
"Thank you, Sir."
"Mr. Franks."
"To the Bill. I know we usually make fun on these, but I’m not going to address the Sponsor. I want to address the Bill because I think this is a matter of public policy that we should not change, and I'm being very serious. I'm going to encourage a 'no' vote here because I think this would really encroach on citizens' rights and property rights. Because what the Sponsor is trying to do is taking away the exemption for one to push snow out of their own residential driveway. It would still allow a sidewalk, but I read the Bill and it only says drive… initially said driveway or sidewalk and think of the ramifications of how we're going to have much more potentially big brother. Because what they're saying… what this Bill would now disallow… this Bill would not allow you to push the snow out of your driveway. You might think it's a joke because it's a first Bill, folks, it isn't. People are going to get fined for this. This is going to be a money generator for counties, townships, municipalities. This is not a thing of public policy that we ought change. What we ought to do is vote 'no' on this and we can have fun on another first Bill, but this is one we ought to take seriously because the ramifications for policy are to great to kid around. Please vote 'no'."
"Mr. Reis." 09700032.doc 91 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Thank you Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields."
"Representative, I think you get the hand here on your Bill, but I do have a serious question. Your Bill amends the Illinois Highway Code. Will this even affect city streets in the City of Chicago?"
"No, Sir. This Bill… this Bill…"
"So, all this argument about city streets and pushing snow out of their driveways and it's not even going to affect anyone in the City of Chicago?"
"No, Sir. This Bill has the support of the Township Officials of Illinois, highway commissioners…"
"Image that. How did you get this Bill, Representative? I've been to Chicago, lived there a while. I mean, how is this going to affect people like me that lives in a rural district? And how did you get the Bill?"
"I got this Bill from the township official of Illinois and as being a former township employee, township official, I was asked to sponsor this Bill and support the Bill. The original Sponsor, Representative Verschoore, and we have Sponsor Brauer on this Bill as well, Representative Brauer."
"I'll let Representative Brauer speak to that. This is unbelievable, Ladies and Gentlemen. I agree with the last speaker. I think this is encroachment beyond belief. Let's take this Bill out of the record and really work on something. We don't want to vote 'no' on your first Bill, Representative, and have the 'yes'… or the 'no' votes stay up. So, would ask that you take the Bill out of the record 09700032.doc 92 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 and either never bring it up again or work out the differences."
"Mr. Speaker, I would rather take the Bill out of the record then not being…"
"Gentleman takes the Bill out of the record. House 1071, Representative Pihos. This is not her first Bill. Please read the Bill."
"House Bill 1071, a Bill for an Act concerning education. Third Reading."
"Representative Pihos."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This Bill has to do with the current floor that we have set for the driver's education courses. Every year we approve numerous waivers because our school districts are not able to offer the driver's education courses at the $50 floor that we have had set for many, many years. Currently, we have 155 school districts out of 480 that are mandated to give driver's education courses to which we give waivers to out to the year 2016, the waivers vary from $75 to $500. We have 19 new school districts in the pipeline, bringing it up to 174. So, we're already exempting 37 percent of our districts and giving them permission to have the ability to charge a different amount should they need to do that. And so what this Bill would do is bring the floor more in alignment to what 177… 174, I'm sorry, school districts will be charging or have the ability to charge in the future. There are many reasons why driver's education experiences extraordinary costs. The on the road portion is one teacher to three students so 09700032.doc 93 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 that's a very low student ratio, and the simulator portion has one teacher to 18 students where the average high school classroom may have as many as 28 to 30 students. So, every year we cause school districts to come back to us to look to seek a waiver to have the ability to charge a more appropriate tuition for these courses. And so, I think it's time to give them that ability and then if they need to charge more than $250, then they can come back to the General Assembly and seek permission for that. Two things that you should know is, this would be part of a public hearing that a school district would put on their school district agenda to take comments on while they're making a decision whether or not they're going to raise tuition for this particular class… or fees, not tuition for the class, and that anybody that is on free and reduced lunch would receive this class for free, and that's about 45 percent of our students throughout the state. This would not go into effect until the 2012-2013 school year. And I'd be happy to answer any questions."
"The Lady's moved for the passage of the Bill. The Bill is on Short Debate. There being no debate, those in favor of the Bill should vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Bost, Burns, Harris, Leitch, Morrison. Mr. Burns. Mr. Clerk, please take the record. On this question, there are 53 voting 'yes', 62 voting 'no', and the Bill fails. House Bill… Representative Pihos."
"May I put it on Postponed Consideration?" 09700032.doc 94 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"The Bill shall be placed…"
"Thank you."
"…on the Order of Postponed Consideration. House Bill 3050, Representative Lyons. Please read the Bill."
"House Bill 3050, a Bill for an Act concerning regulation. Third Reading."
"This Bill is on the Order of Short Debate. Representative Lyons."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I bring before you this afternoon House Bill 3050 which represents the negotiations between the Illinois Department of Financial and Professional Regulation and the Illinois Credit Union League. I'd like to thank Dave Sinclair and Steve Olson who worked together to craft this Bill so there's no known opposition. Does five major things. First of all, on when the Executive Order created the Illinois Department of Financial and Professional Regulation, there was some language in there that referred to secretary and director that had to be clarified and this Bill first and foremost did that. Where applicable, the secretary's name or the secretary's title is listed and the director if it revolves in something within one of the independent divisions. Second of all, the… what's referred to as a foreign credit union, a credit union that's based out of a different state and they operate in Illinois, but this clarifies they have to be strict adherence to the Illinois rules and regulations over credit unions. Third thing that it applies to is a… administrative actions may be taken against certain Illinois chartered credit unions 09700032.doc 95 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 that fail to comply with the Act. And basically this clarifies almost like progressive discipline from a warning to a written warning, and if things are clarified, they don't have to go into any type of fines or penalties. If there are any fines or penalties, certainly they'd be structured so smaller mom and pop credit unions certainly won't be subject to the same type of a disciplinary action as a larger credit union with a larger asset class. Fourth, it absolutely makes sure that we are in conformity with federal credit union regulations where applicable here in Illinois. And last but not least, makes sure that credit union board of directors have at least seven members, and if a member does… doesn't no longer participate and you're short a director, it gives a credit union 90 days to replace that one director. So, I'd be happy to answer any questions. There's no known opposition. It's a good Bill. I'd appreciate your support."
"The Gentleman has moved for the passage of the Bill which is on Short Debate. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Bellock, Saviano. Please take the record. On this question, there are 116 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3334, Mr. Poe. Please read the Bill. 3334, Mr. Clerk." 09700032.doc 96 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"House Bill 3334, a Bill for an Act concerning public employee benefits. Third Reading."
"Mr. Poe."
"Mr. Speaker and Ladies and Gentlemen of the House. This is a Bill that takes care of the IMRF of section their Pension Code. It allows the benefit protection leave applications to submit at any time after leave is taken for service credits, and then the second thing it does, it requires members filing for disability benefits to grant IMRF the ability to review medical and compensation information. And what this… come out of the committee unanimous and there was no opposition. I'd ask for a favorable vote."
"The Gentleman moved for the passage of the Bill. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 115 voting 'yes', 0 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1577, Mr. Mautino. Please read the Bill."
"House Bill 1577, a Bill for an Act concerning health. Third Reading."
"Mr. Mautino."
"Thank you, Speaker and Ladies and Gentlemen of the House. House Bill 1577 will set up a format or a structure for the insurance exchanges. We will have a committee which will have equal membership provided for by 09700032.doc 97 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 Leadership, and the Illinois Benefits Exchange Legislative Study Commission will issue a report no later than December 31st on what the new health insurance exchanges should look like. This gives us our opportunity as a Body to have our Members look at and create the structure of the new health care system for exchanges. And this is a requirement in the Federal Law, so this would be step one in creating those exchanges. And I'd ask for an 'aye' vote."
"The Gentleman's moved for the passage of the Bill. The Bill is on Short Debate. So, the Chair recognizes Representative Osmond for two minutes."
"Thank you, Mr. Speaker. I rise in support of this Bill. I feel that it's extremely necessary to give the time and the effort to do this right. We have until 2014, but we need to set the groundwork and this will accomplish that. Thank you."
"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Ford, Hays, Howard, Mayfield, Osterman. Mr. Osterman. Please take the record. On this question, there are 108 voting 'yes', 8 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1526, Mr. Pritchard. Please read the Bill."
"House Bill 1526, a Bill for an Act concerning local government. Third Reading."
"Mr. Pritchard." 09700032.doc 98 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Thank you. Ladies and Gentlemen of the House, in 2007 we created a new process whereby communities and municipalities could expand their development beyond a mile and a half, but where counties had a zoning plan and wanted to maintain control over that development, they could. What we found in the ensuing years is there was a gray area or a question mark about property that may split that mile and half demarcation line. And what this Bill does is clean it up and says that if any portion is beyond a mile and a half, then the whole portion would… that portion would be considered under the county's jurisdiction, and of course, they can agree to let the city develop if they wish."
"Gentleman's moved for the passage of the Bill. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Durkin, Saviano, Sullivan. Saviano. Please take the record. On this question, there are 79 voting 'yes', 37 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3236, Representative Karen May. Out of the record. House Bill 3152, Mr. Ramey. Please read the Bill."
"House Bill 3152, a Bill for an Act concerning local government. Third Reading."
"Mr. Ramey."
"Thank you, Mr. Speaker. House Bill 3152 will allow townships to get rid of personal property anytime during 09700032.doc 99 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 the year instead of just at the annual town meeting. Ask for an 'aye' vote."
"The Gentleman's moved for the passage of the Bill. There being no debate, those in favor of the Bill shall… Let me backtrack. Representative Franks. This is on Short Debate, Sir, you have two minutes."
"Thank you. I’m just trying to understand the Bill. We're moving so quickly, I'm just not sure what this Bill does so perhaps Mr. Ramey can explain it."
"Currently, to get rid of township property, they have to have a request at the annual town meeting which is once a year in front of the people of the town… township. This would allow them… the township and the highway commissioner to come before the board during their monthly meetings and request that same privilege."
"So, there'd still be oversight. It just wouldn’t hap… it would just be more often. Instead of doing it on an annual basis, it'd be done on a monthly basis?"
"That is correct."
"Now is there some threshold that's being changed?"
"You mean in the amount?"
"Yes."
"Not to my knowledge unless you see something that there is."
"Our summary indicates that it does and I'm not sure if that's your intent. Our summary says that this Bill removes the $2500 threshold value for property requiring electoral approval." 09700032.doc 100 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Oh, correct. Because that was the requirement of the annual town meeting."
"I'm sorry. It was… oh, was the annual meeting?"
"Correct."
"But it makes the provision applicable only to real property. So, you're saying if you want to sell real property, you still have to have the approval, obviously."
"Correct."
"But what about if it's personal to you. What happens if they want to sell an old truck?"
"Well, that's… the threshold was to sell that truck which it would possibly be over the $2500, it would have to wait 'til the annual town meeting to be able to do that. They could sell anything under $2500 during the year. So, we removed that threshold so they don't have to wait 'til the annual town meeting and then also do it monthly at their town meeting. Some are once a month, some are twice a month."
"Than… I appreciate it 'cause I wasn't sure if we were making it less transparent, but it seems to me that this Bill will actually make it more transparent."
"Absolutely."
"Thank you. I appreciate that."
"Certainly."
"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Kelly Burke. Please take the record. On this question, there are 115 voting 'yes', 1 voting 'no'. 09700032.doc 101 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1233, Representative Mayfield. Please read the Bill."
"House Bill 1233, a Bill for an Act concerning civil law. Third Reading."
"Representative Mayfield."
"This Bill, there's an Amendment on the Bill that was a collaborative effort between myself, the Illinois Realtors Association, the Property Owners Association as well, and basically it provides that landlords would change the locks between tenants unless there was a specific agreement within their… in the lease provision that would allow the tenant themselves to change the locks. There's no opposition to this Bill."
"The Lady's moved for the passage of the Bill. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question, there are 111 voting 'yes', 5 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1514, Representative Reis. Mr. Reis. Out of the record. House Bill 3155. I'm incorrect, Mr. Clerk. House Bill 1689, Representative McAsey. Please read the Bill."
"House Bill 1689, a Bill for an Act concerning criminal law. Third Reading."
"Representative McAsey."
"Thank you, Mr. Speaker, Members of the House. This is an initiative of the AARP to increase penalties in cases of 09700032.doc 102 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 financial exploitation of the elderly or the disabled. The AARP worked with local victims as well as state's attorneys including here in Sangamon County to make sure that there are penalties to hold the predators who really prey and steal from our most vulnerable citizens accountable. And I appreciate your 'aye' vote."
"The Lady's moved for the passage of the Bill. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record, Mr. Clerk. On this question, there are 116 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Reitz."
"Thank you, Mr. Speaker. Point of personal privilege."
"State your point, Sir."
"We'd just like to remind everyone, tonight is the Illinois Legislative Sportsman's Caucus. We have e-mailed out to everyone the live auction items that we have on there. If any one would like a copy of what's going to be… there we go… if we… we don't have any road kill, but we do have auction items. There'll be a lot of hunts, lot of ball tickets and a picture that Representative Osmond brought of a Chicago Bear that I think people would like. But it starts as 6:00 at the State House Inn. The live auction will start at seven. If any one wants a copy, come on over and get this and check your e-mail. We'd appreciate everyone's support." 09700032.doc 103 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Thank you, Mr. Reitz. Next is House Bill 2089, Representative Rosenthal. Please read the Bill."
"House Bill 2089, a Bill for an Act concerning criminal law. Third Reading."
"Mr. Rosenthal."
"Thank you, Mr. Speaker and Members of the House. House Bill 2089 adds MDPV to the list of Schedule I controlled substances. MDPV is a synthetic designer drug commonly sold as bath salts which can be snorted for hallucinogenic inducing high. It's marketed under the names of Ivory Wave, Zoom, and White Lightning. These substances are legal in many states although they have similar effects to cocaine and methamphetamines. This is supported by the Illinois State Police, the Illinois Association of Chiefs of Police, and the Illinois Cent… Sheriffs Association. And there's no opposition."
"Sir, is this your first Bill? I see there's a jacket on your chair behind you. Why don't you put it on. Go ahead, Sir, we'll wait. Goes nicely with your tie. The Gentleman's moved for the passage of his first Bill and no one wants to ask him a question. Surely somebody has a question for the Gentleman. Saved by Mr. Eddy. Mr. Eddy."
"I was just stunned. I was absolutely stunned, now I'm even more stunned. I can't believe that we're talking about bath salts. On… is that… is that your intention, Representative, is to bring to this Body a Bill that deals with bath salts?"
"Only because that's what they are sold as." 09700032.doc 104 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Oh, that's what they are sold as. What are they really then? Because this is very nefarious, it seems to be some conspiracy."
"In reality, they're sold in convenience stores as bath salts, plant food, but a one ounce package, as we heard in committee, is sold for $60 and it's just below the street value of cocaine."
"So, individuals go into convenience stores and purchase this product and it costs up to $60 and they're sold as bath salts. Then what do they do with them? They don't take a bath, in other words."
"Obviously, they don't. I think what they… the intent is, is that they're sold as a synthetic drug, hallucinogenic and they're snorted."
"So, is this a relatively new phenomenon? This isn't… is this…"
"No this is… this drug is K4. K2 is banned effective January 1 of this year. They expected that this would be a follow on which happened quite rapidly."
"Representative, who made you aware of this issue?"
"My initial call, February 10th or 11th came from the sheriff's department in Macop… or Montgomery County. They had eight calls to the hospital. Some kids were pulling the hair out of their arms, some were pulling hair out of their heads, seeing hallucinated little people running around. So, I took the information and got with the Sheriff's Association, we crafted the legislation."
"So, nobody who had tried to use these as bath salts were upset and called you?" 09700032.doc 105 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"They're not the ones that called me, no."
"No. So, is there a potential that people actually are using this product as bath salts because that's the way they're advertised as well?"
"If anybody wants to spend that to use as bath salts I don’t expect they do."
"So, they probably know what they're buying, in other words?"
"Exactly."
"They probably know, it's just under a mask. Now, you said some of the names involved. This seems like a very dangerous drug. Zoom?"
"That's… that's… that are the names that they use in the store."
"And the other thing you mentioned, and if you could repeat, White Lightning."
"Yes, White Lightning, Ivory Wave or Zoom."
"White Lightning. That seems to have had a different connotation in years past, White Lightning. Is this…"
"Exactly. But this is a powder, so I don't think it's the same."
"So you don't have a lot of experience with the White Lightning…"
"No."
"…or anything."
"No."
"Okay. Well, Representative, I'll tell you what. I… you've uncovered a problem here that's obviously serious. It's your first Bill, but I do applaud you for the fact 09700032.doc 106 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 that you would bring something to this Body's attention that obviously could be very, very dangerous. You have the red jacket on. I think this may have a chance, I'm not sure. We may have to get the jacket tailored before we take the final vote. Thank you."
"Mr. Reboletti."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, what made you get into carrying narcotics Bills?"
"Is was the simple fact that the sheriffs from my home county came to me with this issue, but I think it's important for the safety of the state."
"Is this something that you'll be branching out into?"
"Myself, no?"
"Right. This will be the last narcotics Bill you'll carry?"
"Only if… the only one I'll carry is if I… the constituents come and we need to fix this problem in the state."
"Well, I can appreciate that, Representative, but you're talking about K2. What is a K2 substance?"
"It's another synthetic drug and it's, you know, what we'd want to do is eliminate the use of the ingredients that create these synthetics."
"Is there a K3 substance?"
"Not that I'm aware of. I'm sure there probably is." 09700032.doc 107 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"I did actually file the same Bill, Representative, I would hope that in the Senate you'll look at some language regarding the… and I'll share the language with you after you… this Bill fails, but it has to do with taking derivatives from the substance so it'll cover more what we call the derivatives or parts thereof of this substance, otherwise, this is what happens. We come back every year or so, it's good for new Legislators to pass these Bills, but it's more difficult for prosecutors, so I'm sure you'll be amenable to some of that."
"Yes, Sir. What we've done is, is we are in the process, and we're waiting on the Illinois State Police lab to get back with us, the information has not come and what I would do is add those when it passes over to the Senate to ask them to include it. There's up to 16 additional synthetic drugs that the State of Utah has identified, and if we can include those, it would help us from not having to come back here in the future."
"Did the Italian Caucus have a position on the… on the Bill?"
"Not that I'm aware of."
"I know we met in the subcommittee, we had discussed it but we were awaiting further documentation. So, I'll have to wait and see if maybe Representative Coladipietro has some insights on this. Thank you."
"Thank you, Mr. Representative."
"Representative Bost."
"Thank you. Will the Sponsor yield?"
"Gentleman yields." 09700032.doc 108 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"First off, a few serious questions here. I… do you know of the background of this? I mean, I know that this is a synthetic drug. When it came on the market, was it, you know, kind of advertised on the Black Market as that this is what it was? Or who first decided, hey, let's snort the soap? I mean, I'm really trying to figure this out. Was it discovered by accident? Is it…"
"To be honest, the way it was discovered, in this case, was through calls to the hospital, the police department, the sheriff's department had where they had eight individuals that went to the hospital in Montgomery County, one of which was there for five days. But it's a hallucinogenic drug and I'm sure, since I don't deal on that side of the market, that people that are into that thing, they have a network all their own."
"Yeah. Okay. One other question. If your dog eats your K4… Is this K4? Right?"
"Yes."
"And if your dog eats your K4, does it make it K13?"
"I think it's hard to tell what it would make it."
"Just checking."
"Representative Stephens."
"Thank you, Representative… thank you, Mr. Speaker. Could I ask our staff to move please. Thank you. Thank you. You might… that might be called the line of fire. I… welcome, Representative, welcome. I've been waiting for this day."
"I knew that." 09700032.doc 109 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"I… what size did you wear when you were in the Air Force?"
"About the same size."
"Uh uh. Yeah. No, that ex… that says a lot about your career. You were a… you were a General in the United… in the Air Force, is that right?"
"Yes, Sir, when I retired."
"Okay. And a pilot."
"No, I was actually a navigator in the backseat."
"A backseater. Okay, but involved in F4 aircraft, is that right?"
"Yes, Sir."
"How'd that work out?"
"I have one more take off than landing."
"You… one more take off than landing, Ladies and Gentlemen. Now there's a story, isn't it. Somewhere in Louisiana there's a soybean field where this young lieutenant, a backseater, friend of mine, future Legislator, along with a front seat, another Republican by the way, Randy Patchett. What was his rank at the time?"
"At the time, he was a Captain and I was a Major."
"Oh, okay. That should have told you something about how that flight was going to turn out, but make a long story short, where did you park that day? Navigate…"
"We act…"
"Which… how did you navigate to that particular…"
"We actually… the airplane landed on the runway, we just weren't in it."
"Out… outstanding. And where did you land?" 09700032.doc 110 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"I landed in the overrun."
"Uh uh. And lucky to do that. I… I make light of it but Ladies and Gentlemen, if you go to… if you go to the General's farm and… it's just south of here and to his hunting lodge, and you'll see a black and white photo of a F-4, fighter… fighter plane, fighter plane that he and Judge Patchett decided to nurse its way down and both of you lucky to survive, and it was no fault of the navigator, is that right?"
"That's correct."
"You should have as much luck with your first Bill."
"I would hope so."
"You… in line 21 to 23 of your Bill, we talk about alphacetylmethadol except for levo-acetylmethadol, why do you make that exception?"
"Say again?"
"Yeah. Say again all after duh."
"Yeah."
"How do you read me, over."
"I got to get to the right line here. What did you say, again?"
"Well, I said, again, line 20 to 23. You talk about alphacetylmethadoll… methadol, except for levo- alphacetylmethadol, and I wonder why you make that exception?"
"That's why you have people that are smarter than either one of us write this stuff."
"Careful, Representative, careful. We… you worked hard to get here, didn't you?" 09700032.doc 111 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Yes, I did."
"And… and they stuck you with this, your very first Bill. You're a farmer…"
"Yes, Sir."
"…and a former pilot, and now a Schedule I drug expert."
"No, I… actually, I just identified a problem for our constituents and we're trying to fix it."
"Did you… did you consult with me, a pharmacist or Representative Reboletti, a former prosecutor before you brought this Bill?"
"No, Sir."
"You know what, I seem to remember during the campaign you had lots of questions. Always a question. Always a question. Always a question. You get here…"
"Sometimes we got answers."
"And very seldom. And you get here and now you just don't need our advice anymore, isn't that right?"
"No, that's not correct."
"You and Representative Harris, our Harris not theirs, have a lot in common."
"Yes, Sir."
"You're steering your own aircraft, driving your own career, and I hope that it goes well for you, Representative, but the Century Club Award has been shown. Are you aware of that background, you know what that’s about?"
"Yes, I am."
"Is that something that you aspire to?" 09700032.doc 112 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"If that's what happens."
"You never know what happens once… once you buckle in, right?"
"That's correct."
"Good luck with your first Bill."
"Thank you."
"Mr. Riley."
"Will the Sponsor yield?"
"The Gentleman yields."
"Representative, when you eject, is there some sort of certificate that you get or a ring or some sort of trinket which represents… except for your seat of course, that represents the fact that you ejected out of an airplane?"
"Well, I do have the seat in my garage which is a reminder to me how bad things could always be. But also I got a tie and a tie tack from Martin Baker which is the makers of the seat."
"Right. Works doesn't it?"
"It does."
"When my esteemed colleagues, who I guess doesn't understand that some people might know something about stereochemistry, what he was talking about dealt with how a particular molecule phases and dextro and levo where cis and trans represent that molecule and its mirror image, if you were looking at it. And you knew that, didn't you?"
"Myself, no."
"Okay. But… on a serious vein, you know, we've dealt with some of these things in the past and maybe to not keep, you know, doing these Bills over and over again, 09700032.doc 113 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 maybe there should be some language that deals with these particular substances and any analog of them. That way, if there's… because again, you know, one more molecule will mean a different drug but it still has the same activity. And so maybe that's something that, you know, we can add to the future Bills."
"I… I would agree to that, Representative, because that's how we got here from the K2 to the K4."
"Thank you."
"Thank…"
"Mr. Rosenthal to close on his very first Bill."
"Thank you, Mr. Speaker. I would… as everyone knows, I think this is essential to the safety of the state. Not only would I request that you vote 'aye' on it but also that you sign on as cosponsors of this Bill. Thank you."
"You making demands, Sir, on the Body?"
"No, just requesting."
"Unbelievable. Those in favor of the Bill shall vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Pritchard, Mr. Smith. Please take the record. On this question, there are 113 voting 'yes', 3 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 3155, Representative Mell. Please read the Bill."
"House Bill 3155, a Bill for an Act concerning public health. Third Reading."
"Representative Mell." 09700032.doc 114 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill was brought to me by the Department of Public Health. And it changes various reporting dates, and there's quite a lot here. It'd just make it to easier to comply with federal guidelines. I will be… I'll take any questions."
"The Lady moves for the passage of the Bill. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Mautino, Tracy. Please take the record, Mr. Clerk. On this question, there are 116 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Morrison."
"Thank you, Mr. Speaker. On House Bill 2089, my switch did not work. I should have been a 'yes'."
"The record will reflect your intentions, Sir. House Bill 3411, Representative Roth, in a red jacket. Please read the Bill, Mr. Clerk."
"House Bill 3411, a Bill for an Act concerning government. Third…"
"Representative Roth on her first Bill."
"Thank you, Mr. Speaker and Members of the House. House Bill 3411 is… requires the Teachers Retirement Insurance Program, commonly know as TRIP, the committee to identify purposed solution for funding shortfalls they are affecting the Teachers Health Insurance Security Fund, and to report those solutions, those possible solutions to the Governor and to the General Assembly within six months. The TRIP 09700032.doc 115 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 Committee is made up of 10 people already appointed by the Governor and they were… they're mandated to meet four times a year. Currently, they… they met two times in 2010, and we're asking them to meet to find solutions. Thank you and I appreciate your support."
"The Lady's moved for the passage of her Bill. The Bill is on Short Debate, but given the gravity of her first Bill, we'll remove it from Short Debate. The Chair recognizes Representative Franks."
"Thank you. Will the Sponsor yield?"
"Lady yields."
"Representative, do you know whether the Governor has appointed the 10 stakeholders?"
"Yes."
"Are all the seats filled?"
"Yes."
"That's one of the few then I presume."
"You are correct there."
"Do you know why they haven't met in a year and a half?"
"I do not know why they have not met since March 2010."
"Are they required to meet a certain amount of times during the year?"
"They are supposed to meet at least four times per year."
"And if they don't meet within those four times is there any penalty?"
"I'm sure there's not."
"So, even if we pass this Bill, there's no guarantee they're going to meet, and this deal is… you want them to 09700032.doc 116 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 give us… their findings within six months of the Governor signing this into law, but let's assume they don't. What happens?"
"Well, I don't think anything would happen, but it would prove to them that we're very serious about the solvency of this fund, and hopefully they would take our Bill and go with it."
"I appreciate that and I agree with what you're trying to do. I'm just concerned that oftentimes we have these mandates in the laws and they're just absolutely ignored. I know we have many boards and commission that have not been appointed or many where the appointments have lapsed. Frankly, I'd like to see many of these boards and commissions be abolished. And perhaps we ought to consider, if these boards haven't met for a year and a half, that they really can't… they're really aren't that important. So perhaps, I don't know if you would consider this, maybe we should abolish this board and perhaps we should have a number of… a committee set up of Legislators to delve into this issue, because I agree with you, it is very serious. I just don't believe that these boards and commissions are actually doing their job."
"Representative, I tend to agree with you on that. However, I think that this is a really important program, and maybe the 10 people that are currently appointed to this board, maybe… or this committee, maybe they're not the right 10 people, that's the Governor's decision, but I think this is way too important of a committee to not follow through with the recommendation to make it solvent." 09700032.doc 117 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Is there any payment for these people who are on these boards?"
"No."
"Well, would you consider, and I'm being serious, doing an Amendment that if the board doesn't meet at the next scheduled meeting within… supposed to be meeting quarterly, that it would be abolished and we should do this for all boards and commissions that have mandates to meet certain times a year, and if they don't follow those mandates we just simply X them out?"
"I think that would be a good consideration for the Senate when it gets over there."
"Okay. I appreciate that."
"Yeah."
"And I appreciate the gravity of this first Bill, but I do think it's important and we hear about this every day in our districts. So, thank you for bringing this forward."
"Thank you."
"Mr. McCarthy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Lady yields."
"Representative, the… I think you're correct in that the board members have finally been appointed. Is that correct?"
"Yes, the board members have been appointed."
"And do you know if the chairman has been appointed, 'cause I understand that's the reason that they are… have not had a meeting because, while the Governor has appointed 09700032.doc 118 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 the members, he has not appointed the chairman. Is that correct as well?"
"Honestly, I don't have the chairman's name listed; I only have the members of that board. I don't know if they've picked that chairman yet."
"I'm sorry. Would you repeat that please? I did not hear you at all."
"I do not believe they have picked a chair yet, the name… I just have the names of the people on the board."
"Okay."
"The chair's not delineated."
"Well, I… I certainly would join you in encouraging the Governor to make that appointment so then that chairman could… now I’m getting the report back that they don't have a meeting because they don't have a chairman to call the meeting even though they've got the 10 members. So hopefully, the Governor's Office will appoint that chairperson and they can go ahead with this program. In our analysis, it says that your report will come back six months after the formation of the committee or something. My question would be, that doesn't prohibit us from doing anything in the interim?"
"That is… that is accurate."
"Okay. Cause we certainly hope that something could be done."
"Right."
"And the last question is, you have a… I see the Representative Watson there is very conscientious and did he forget to inform you never take over a Bill that 09700032.doc 119 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 Representative Eddy had started with because there's nothing but bad days ahead if you assume an Eddy Bill. So, I’m sorry that you fell for you this, but it does look like you have a pretty good initiative here. And I certainly would wish you luck on the Bill."
"Great. Thank you very much."
Speaker Lang: "Representative Eddy, person whose Bill was stolen."
"Thank you… thank you, Mr. Speaker. Would the Sponsor yield?"
"She certainly will."
"Representative, without looking at any notes, without conferring with any staff, I want you to tell me what TRIPS stands for?"
"Teachers Retirement Insurance Program."
"That's pretty good. That's pretty good. That's not too bad. Now, can you tell me the importance of this particular group of people to that program?"
"It's… the importance the program is to the people that are in it?"
"No. What… why are these individuals, these 10 individuals, important to the TRIP Program?"
"Well, these people are the committee that sets the direction of the TRIP Program in terms of… in my case, I'm asking them to come up with solutions on how to make it solvent 'cause at this point, in 2013, it's projected to be insolvent." 09700032.doc 120 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Give us an idea of your background and why you might know something about the TRIP Program? Are you… are you retired?"
"No, I’m not retired."
"No?"
"No."
"Okay. Well, then why do you have any interest? What's your background?"
"I am a CPA as well as a former school board president."
"And this is important to you because…?"
"Well, for…"
"You're a CPA?"
"…a couple of reasons. I’m a CPA and I feel that it should be balanced and we should fund something that we've committed ourselves to be funding. And then from a school board perspective, these are the people that educate our children. We need to make sure we have the funds to provide for them later in life."
"There's been a couple of comments made regarding the fact that the Governor's appointments in some cases have been tardy. Have you talked to the Governor's Office about this committee?"
"I have not spoke to the Governor's Office."
"So you have decided that you should move forward with the Bill regarding something the Governor's responsible for without having a personal conversation with the Governor?"
"This is correct."
"Do you think that's a good idea?"
"I do." 09700032.doc 121 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Why?"
"And I feel that way because…"
"Isn't it only fair to go talk to the Governor? You're imposing upon him a workload that apparently is difficult, something that's he had trouble with in many occasions. I know that several members of the current State Board of Education's terms expired in January and he hasn't had time. Don't you think he's a little busy?"
"He must be very busy not to make appointments to very important committees."
"So, you might consider either taking the Bill out of the record, run it down… you know where the Governor's Office is?"
"I do."
"You do. It's close by."
"It's real close."
"You could run down to the second floor… you think he's here?"
"I'm doubting it, but maybe."
"Maybe. Well, more importantly, you think the first answer you get is the one he'll stick with?"
"No."
"Never mind, you don't have to answer that. Thank you, Representative. Obviously, it's… it's important work and we're very fortunate you brought this Bill to us. And again, thank you for the red… I think it's becoming nice when people actually don't have to be prodded into the proper attire."
"Thank you, Representative." 09700032.doc 122 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Representative Roth to close on her very first Bill."
"Thank you, Mr. Speaker. Again, I urge you to vote 'yes' on this Bill. It would make our Teacher's Retirement Insurance Program Committee, mandate them to bring forth possible solutions to make the Governor and the General Assembly within six months making it a solvent… a solvent fund. Thank you."
"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Representative Durkin. Please take the record. On this question, there are 116 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1761, Representative Nekritz. Please read the Bill."
"House Bill 1761, a Bill for an Act concerning State Government. Third Reading."
"Representative Nekritz."
"Thank you, Mr. Speaker. House Bill 1761 will ask the Illinois Department of Transportation to include, in the strategic plan that it puts together, more input on the movement of freight, both by rail and by truck in the State of Illinois. We continue to be a hub for… in the nation for freight and moving this up in terms of its priority and addressing how we move freight in the State of Illinois I think it's really critically important. The other thing that this Bill does is extend the period between IDOT's strategic plans from two years to five years, gives us more 09700032.doc 123 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 time to actually implement the plan before we have to start rethinking it."
"The Lady's moved for the passage of the Bill. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Acevedo, Mr. Sommer. Mr. Sommer. Please take the record. On this question, there are 116 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Karen Yarbrough in the Chair."
"Was that for Lou leaving or for me coming? Representative Eddy for a question."
"No, no, not a question. Just a com… is this your first Bill?"
"You seek recognition?"
"Is this your first Bill?"
"I don't have a red coat on."
"I got to make a Motion to Discharge?"
"Absolutely not."
"There's no objector? I think… I think, Madam Chair, that you were on the right track, but I want to make sure we know the difference between the level of applause between you taking the Chair and Leader Lang leaving the Chair. First of all, if we could have applause for Leader Lang leaving the Chair. And now, can we have applause for the new Madam Chair for the day. Good luck."
"Thank you, Representative. Representative May." 09700032.doc 124 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Thank you, Madam Chair. Oh, this is so exciting. Madam Chair, I have to say as a class Member, someone also named Karen, I am so proud of you. Isn't it true this is the first woman ever to be in the Chair? That no… not…"
"I'm not sure about that."
"Not true?"
"I don't think so."
"Okay. Well, it feels like it. It feels like it."
"It's the first woman today."
"The Speaker, in the Speaker's Chair. Yeah. It's… it is amazing. We are so proud of you. Break a leg. You do us all proud with the great work you've done here in the General Assembly."
"Thank you, Representative. Representative Soto for a question?"
"Yes, Madam Cha… Madam Speaker. I like the way that sounds, don't we? Madam Speaker, I am so proud of you and I am proud be your friend and all the girls are standing here and roommate. We're just so proud of you. Good luck."
Speaker Yarbrough: "Thank you. Thank you so much, Representative. Representative Sacia, for what reason do you rise? Would you like to hear your Bill, maybe?"
"If you would allow that, Madam."
"House Bill 1560, Representative Sacia. Mr. Clerk, read the Bill."
"House Bill 1560, a Bill for an Act concerning civil law. Third Reading."
"Representative Sacia." 09700032.doc 125 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Madam Speaker, you have no idea how humbled I am that you are in the Chair and the first Bill you called is mine. That… that honors me, that humbles me, and I'm a little overwhelmed. But…"
"Thank you, Representative."
"House Bill 1560 was brought to me by the Treasurer's Office. It's a rather simple Bill. It simply changes the time frame from unclaimed property from five years to one year. I would be pleased to answer any questions."
"And on that… on that Bill, Representative May. The Lady indicates she doesn't wish to speak. Representative Davis for a question." Davis, M.: "Thank you… thank you, Madam Speaker, honor to address you as such. Representative Sacia, why would you want to reduce it from one year to five… I mean, from five to one?"
"It's an excellent question, Representative. Currently, the five-year time frame, money just languishes in banking institutions and financial institutions. After one year, if the money appears to be abandoned, the Treasurer's Office is extremely proactive. Let's say that you still have some money coming from the Chicago school district that you're not aware of. The Treasurer's Office will actually contact you and say, how about it, would you like your money?" Davis, M.: "Currently, they don't notify people?"
"Not until five years, Madam." Davis, M.: "So, you're saying after one year they will notify people?" 09700032.doc 126 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"That's correct. The…" Davis, M.: "And if the person does not respond in one year, what happens?"
"It would then remain in the Treasurer's Office. As I understand it, and correct me if I'm wrong, as I understand it, the financial institution after one year must notify the Treasurer's Office that this money appears to be abandoned or unclaimed and it gives the Treasurer's Office an opportunity to deal with the funds. But every sincere effort will be made to contact you." Davis, M.: "Is that…"
"Much as is done currently after five years." Davis, M.: "You know, my understanding is that sometimes… say, if a person has moved around or there have been estate problems, they may not be aware that they have unclaimed property."
"I agree with you, Representative; however, if… I think you would agree with me, our memories are fresher after one year than after five years. You know, after five years we may well have forgotten; where after a year you go, oh yeah, that's right. I never picked up my last paycheck, I ought to do that." Davis, M.: "Well, I mean… sometimes you may not even know. For example, a person's spouse may be deceased and there was some insurance on the job or what have you."
"Yes." Davis, M.: "So this spouse may not have any idea that there's money in the Treasurer's Office based upon, you know, the husband having worked someplace. I'm just concerned that 09700032.doc 127 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 one year may mean some people don't get what is rightfully theirs. I understand and I appreciate the notice that they'll be notified within one year, but I… I just… I would like to see them still have at least five years in order to claim the unclaimed property."
"Well, they certainly do, Representative. The money stays in the Treasurer's Office available to that person and repeated efforts will be made to contact that person. Again, I feel that… and I applaud Treasurer Rutherford for bringing this forward because I think it's a… it's a proactive opportunity to assist citizens, much like you just cited, who are out there. And literally, I had this very thing happen with the recent passing of my father several years ago in Wisconsin, and we learned, like two years after his death, that there was an insurance policy that nobody knew existed. And Wisconsin has a much shorter time frame than Illinois and we were notified and were able to take advantage of that. So I think it's a very good opportunity for the 13 million citizens of this state to have that money availed to them when it does appear that… and again, I think you cited the perfect example when a spouse is deceased and the living spouse has no idea that that money is out there. So I think it's a good opportunity for all of us, Representative." Davis, M.: "Thank you. And my final question is, what happens when this property is never claimed, let's say it's 10 years. What happens to it, money or…"
"Representative, in all candor, I do not know the answer to that other than it stays in the Treasurer's Office. I 09700032.doc 128 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 do not know the exact time frame when it becomes totally abandoned property. And if you would like, I would happily pull it out of the record and contact…" Davis, M.: "No, no…"
"…the Treasurer's Office." Davis, M.: "…not at all. I will support your Bill and thank you for your responses."
"Thank you."
"Representative Leitch seeking recognition."
"Thank you, Madam Chairman. Will the Gentleman yield?"
"He indicates he will."
"Representative, this is limited to wages and salaries, is that correct? It doesn't change anything in bank accounts so that what we typically consider to be unclaimed property?"
"That's correct, Representative."
"So this is very narrowly drawn and I think that's an important distinction."
"Absolutely, Sir. Thank you…"
"Thank you.
"…for the distinction."
Speaker Yarbrough: "Representative Jefferson seeking recognition."
"Thank you, Madam Chair. Would the Sponsor yield?"
"He indicates he will."
"Representative, I've got some of the same concerns that were echoed before. Currently, there's a five-year waiting period before this is actually referred to the Treasurer's Office?" 09700032.doc 129 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"That's correct, Sir."
"Okay. And this would expedite that process to one year?"
"That's correct, Sir."
"And after one year if the monies is not claimed, what happens?"
"Representative, it stays with the Treasurer's Office and they make repeated efforts over the years to contact you or whoever it is that would have the money being… who would be the legal person to have access to that fund."
"From what I understand, you said they make repeated efforts. Do they send letters out to the individuals or do they contact them by phone, or how do they do that?"
"Absolutely, Representative. They publish it in the area newspapers where it would be appropriate. They send communications to the last known address of the person that would have access to the money and it's also on the Treasurer's website."
"And not trying to be facetious, but if you don't read the newspaper and you don't have access to a website, how long does that money stay in the Treasurer's Office before they have the ability to do something with those dollars?" Sacia: "Representative, it's an excellent question. And I have a representative from the Treasurer's Office with me here assuring me that on infinitum, if you make claims for that money, it's yours if you are the rightful owner."
"Absolutely. But if there aren't claims made, what happens to the money eventually?" 09700032.doc 130 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"If you'd bear with me one moment, Representative. It remains money available to the individual that's obviously in the… in the general fund, if you will, at the Treasurer's Office, but at any time… let's just use the number of 20 years, Representative. If 20 years later you determine that a great-grandfather left you money or something and it is in the Treasurer's Office, you still would have access to that money."
"Do they keep those records for 20 years? They keep those records indefinitely? At what point do they…"
"The records…"
"…at what point do they dispose of those records?"
"They do not dispose of them, Representative. Microfilm and all that thing, you know. It's shared with me that your great-great-grandchildren could come 25, 30, 40 years later and the money would be yours, Sir."
"So we have files that might date back 50, 100 years ago, is that what you telling me?"
"I'm telling you that if there is money available from that time frame, Representative, that would be correct."
"Okay. You know, I certainly appreciate the fact that we can expedite that matter from five years to one year to get the money to the individuals, but if that doesn't happen after that, then I'm a little concerned about what happens with those dollars and I just want to make sure that this is not something to expedite the process, where the Treasurer's Office can take advantage of those dollars if something else happens in that respect?" 09700032.doc 131 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"I'm sure you can see the representative here from the Treasurer's Office shaking her head and my learned colleague here shaking hers, as well, that they are both well aware that the money will be available to you, Representative, whenever you want it."
"Who's the representative from the Treasurer's Office, the one in the blue or the one in the red? Thank you, Representative."
"Sheleda Doss."
"Thank you"
"Thank you, Representative."
Speaker Yarbrough: "Representative Sullivan seeking recognition."
"Thank you. Will the Sponsor yield?"
"Indicates he will."
"Representative, currently the Treasurer's Office and I'm… I'm talking just to clarify things for the Body. Currently, the Treasurer's Office will start a process to try and locate people that have excess money after five years. Correct?"
"That's correct."
"So you want to change this to one year so the Treasurer's Office can try to start finding people that can claim this money sooner?"
"That's exactly correct, Representative."
"So this is a very profriendly consumer Bill to get money into people's hands much quicker."
"Absolutely, Representative."
"Thank you very much. Please vote for the Bill." 09700032.doc 132 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
Speaker Yarbrough: "No one else seeking recognition, Representative Sacia to close."
"I ask for your 'aye' vote. I think it's a good proactive Bill."
"The question is, 'Shall House Bill 1560 pass?' All in favor vote 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 15 voting 'yes', 0… 115 voting 'yea', 0 voting 'nay', and 0 voting 'present'. On this… and the Bill, having received the Constitutional Majority, is declared passed. Representative Ford, for what reason do you seek recognition?"
"A point of personal privilege."
"State your point."
"It sounds so good to hear your voice and it looks so beautiful. So, I want to congratulate you."
"Thank you. Representative Hays, for what reason do you rise?"
"Point of personal privilege, please."
"State your point, Sir."
"Thank you, Madam Chair. To the… Madam Speaker. To the rear of the gallery, stand up gentlemen, I'd like to welcome Danville firefighter Sean O'Kane the President of the Danville FireFighters Association: firefighters Cody Comrie, Lowell Hudson, and Tony Konieczki. These gentlemen not only put their lives on the line every day for the people in Danville, they're among the best volunteers in 09700032.doc 133 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 our community. Please give them a warm Springfield welcome."
"Welcome to Springfield. Representative Dan Burke, for what reason do you rise?"
"Thank you, Madam Speaker. I think in my 21 years in this chamber, I've only had this first opportunity to say Madam Speaker. Congratulations."
"Thank you, Sir."
"You look very, very good up there. And a point of personal privilege, Madam Speaker. I'd like to introduce some great firefighters from the outstanding City of Berwyn. We have… gentlemen, if you'd stand. I have Tommy Hayes, who's President of Local 506; along with George Buffo, Vice President; Felix Greco, Secretary/Treasurer; Mario Manfredini, Ron Hamilton, Derek Mijares, Al Connelly, Mike Lyons and Bob McCorry. Welcome to our chamber, la… and gentlemen."
Speaker Yarbrough: "Welcome to Springfield. Representative Lang, for what reason do you rise?"
"Thank you, Madam Speaker. First of all, I do think you look better up there than I do. I just wanted to mention it. My point of personal privilege… during a previous debate when I was in the Chair, there was someone doubting whether the Governor was in Springfield. I would just like to announce the Governor is in Springfield doing the work of the people and doing it quite well. Thank you very much." 09700032.doc 134 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
Speaker Yarbrough: "Thanks for that clarification, Representative. Mr. Clerk, House Bill 1831, Representative Hernandez. Read the Bill."
"House Bill 1831, a Bill for an Act concerning education. Third Reading."
Speaker Yarbrough: "The Lady from Cook, Representative Hernandez.
"What a pleasure, Madam Speaker. House Bill 1831 changes the method of how bilingual funding will be distributed to CPS, the Chicago Public Schools. Due to a population shift, the Chicago Public Schools have experienced a significant decrease in bilingual services, while suburban and rural districts are experiencing an increase in bilingual services. This Bill will allow a fair distribution of bilingual dollars throughout the state. I ask for a favorable vote."
"No one seeking recognition, the question is, 'Shall House Bill 1831 pass?' All in vote… favor vote 'aye'; those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mell, Rita. Mr. Clerk, take the record. On this question, there are 115 'yea', 0 'nay', 0 'present'. And this Bill, having received the Constitutional Majority, is hereby passed. Representative Franks, for what reason do you rise?"
"Point of personal privilege, Speaker."
"State your point, Sir."
"I just wanted to add to the chorus and tell you how delighted I am to see you as our Speaker, and a couple of 09700032.doc 135 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 questions, if I could. The first would be, how's the view from there? Tell us, how does it look?"
"The sky is blue, the grass is green and all is right with the world."
"Well, I'm glad that you're enjoying it. The second question then would be, since you're enjoying it so much I was wondering if I could have your old office?"
"The sky is blue, the grass is green and all is right with the world."
"Thank you. I'll take that as a yes."
"Representative Dugan, for what reason do you rise?"
"Madam Speaker, I, too, love to see you up there and I agree with what Representative Lang said, you definitely look much better than Representative Lou Lang. But I'm rising on a point of personal privilege."
"State your point, Ma'am."
"Yes, I, too, would like the House chambers, behind me up here, I have some firefighters, Bill Perkins, Steve Flexser and Mary Robbins from the lovely town of Manteno, Illinois. So, I think if they'd like to stand up, and if you could give them a warm welcome. Thank you."
"Welcome to Springfield. House Bill 1485, Mr. Clerk, read the Bill."
"House Bill 1485, a Bill for an Act concerning State Government. Third Reading."
"On that Bill, Representative Rose."
"Thank you, Mr. Speaker."
"Oh." 09700032.doc 136 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Madam Speaker. Boy, old, habits die hard here. I apologize, Madam Speaker. Madam Speaker, House Bill 1485 is the second of three Bills that came out of last summer's House Bill 5124 task force. There was a collaborative bipartisan effort. I carried the Bill last year from the House and Senator Bond at the time carried it in the Senate. We met over the summer and we've already passed unanimously the first of these three Bills. This is the second, and basically it is been put together with the help of all the agencies as well as the DDMI community and would allow the different agencies to establish cross agency master agreements with standard terms and conditions so that we can maximize delivery of taxpayer resources when regulating local agencies. I'd be happy to answer any questions. It is, I believe, a pretty well an agreed Bill."
"No one seeking recognition, the question is, 'Shall House Bill 1485 pass?' All in favor vote 'aye'; those opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Gabel. Representative Lang. Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 'yeas', 0 'nay', 0 'present'. And on this question, this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 141. Mr. Clerk, read the Bill."
"House Bill 141, a Bill for an Act concerning civil law. Third Reading."
"Representative Reitz." 09700032.doc 137 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Thank you, Madam Speaker. House Bill 141 amends the Illinois Radon Awareness Act. This basically says that lessors will let future tenants know if there are high radon levels. Representative McCarthy is here to help me on this legislation. He's worked very hard on that. We… It's radon. And basically, well, we worked with all of the interested parties. I know of no opposition. And I probably wouldn't be happy to answer any questions, but I'd do it anyway."
"No one seeking recognition, the question is, 'Shall House Bill 141 pass?' All in favor vote 'aye'; those opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 voting 'yea', 0 voting 'nay', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1215. Mr. Clerk, read the Bill."
"House Bill 1215, a Bill for an Act concerning local government. Third Reading."
"Representative Riley."
"Thank you very much, Madam Speaker. House Bill 1215 basically extends the life of the City of Markham TIF District #3 to 2029. One of the things with surrounding TIFs that expire much later, the City of Markham feels that it's at a disadvantage to be able to give incentives to the many business owners and developers who want to come and develop that particular TIF area. So, they want to extend 09700032.doc 138 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 it from 2017 to 2029. And I would encourage you to help me help the City of Markham with 'aye' votes."
"Representative Eddy seeking recognition."
"Thank you, Madam Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative Riley, just quickly, normally there are support letters when these are extended. For the record, do you have support letters from all of the bodies… taxing bodies involved seeking this extension?"
"Yes, I do, Representative Eddy. Matter of fact, you know, on my analysis the 13 taxing districts including the City of Markham have all signed on as proponents. So, you know, they've gone through that betting process and they're all proponents of it."
"Thank you, Representative."
Speaker Yarbrough: "No one else seeking recognition, the question is, 'Shall House Bill 1215 pass?' All in favor vote 'aye'; those opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Sullivan. Clerk, take the record. On this question, there are 110 'yeas', 4 'nays', 1 'present'. The Bill, having received the Constitutional Majority, is hereby declared passed. Representative Saviano on House Bill 1228. Mr. Clerk, read the Bill."
"House Bill 1228, a Bill for an Act concerning regulation. Third Reading."
"Representative Saviano."
"Thank you, Madam Speaker, Members of the House. House Bill 1228 is an agreed Bill that we… clarifies how 09700032.doc 139 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 our Illinois Plumbing Licensure Act and the City of Chicago's Plumbing Licensure Act interact. We've been working on this for about three years. We finally got a deal. And I would ask for a favorable vote."
"No one seeking recognition, the question is, 'Shall House Bill 1228 pass?' All in favor say 'aye'; those opposed say 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Lyons, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. With 115 voting 'yea', 0 voting 'nay', 0 'present', and this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3403, Representative Rita. Mr. Clerk, read the Bill."
"House Bill 3403, a Bill for an Act concerning transportation. Third Reading."
"Mr. Clerk, place this Bill on Order of Second Reading for purposes of an Amendment. House Bill 234. Mr. Clerk, read the Bill."
"House Bill 234, a Bill for an Act concerning revenue. Third Reading."
"Representative Schmitz."
"Thank you, Madam Speaker. Right now when a person applies for their open space evaluation of property taxes, the date is January 31. This Bill simply moves the date to June 30 to give applicants more time to prepare for this."
"No one seeking recognition, the question is, 'Shall House Bill 234 pass?' All in favor vote 'aye'; those opposed 'nay'. The voting is open. Have all voted 09700032.doc 140 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 who wish? Acevedo, Dugan, McAuliffe, Saviano. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are… on House Bill 234, with 114 'yea', 0 'nay', and 1 'present', this Bill, receiving a Constitutional Majority, is hereby declared passed. Representative Lang."
"Thank you, Madam Speaker. I filed, at the well, a Motion to reconsider the vote by which that Bill passed."
"Representative Lang moves to reconsider the vote on House Bill 234. All in favor vote 'aye'; those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Mussman, Sommer. Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 voting 'yea', 0 'nay', 0 'present'. This Bill, receiving a Con… and the vote shall be reconsidered. The question is, 'Shall this Bill pass?' 'Shall House Bill 234 pass?' All in favor say 'aye'… vote 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Currie. Farnham. Mr. Clerk, take the record. On this question, there are 113 'yea', 0 'nays', and 2 'present'. This Bill, having received a Constitutional Majority, is hereby passed. Representative Pritchard, for what reason do you rise?"
"Point of personal privilege."
"State your point, Sir."
"Madam Chair, in the gallery behind me is a group from the DeKalb, Sycamore, Elgin, Kirkland, and Waterman 09700032.doc 141 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 areas. I would ask you to welcome them visiting the Capitol today."
Speaker Yarbrough: "Welcome to Springfield. Representative Turner on your House Bill 3091. Mr. Clerk, read the Bill."
"House Bill 3091, a Bill for an Act concerning business. Third Reading."
"Representative Turner, the Gentleman from Cook."
"Can we… can… can I come back to it because I'm having computer issues right now and they're fixing it?"
"Take it out of the record, please."
"Thank you."
"House Bill 1825, Representative Williams. Mr. Clerk, read the Bill."
"House Bill 1825, a Bill for Act concerning insurance. Third Reading of this House Bill."
Speaker Yarbrough: "Representative Williams, the Lady from Cook."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. House Bill 1825 is an initiative of the American Cancer Society. It would provide for parity between IV infused, oral chemotherapy, and cancer therapy so that they are equally accessible to patients in terms of copayment and other costs. This Bill is extremely narrowly drafted and only applies to private insurance. It does not mandate new coverage but simply requires parity in coverage for similar cancer drugs…" 09700032.doc 142 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Can we lower the volume in the chamber, please, so the Lady can present her Bill. Go ahead, Representative Williams."
"It does not mandate new coverage but simply requires parity in coverage for similar cancer drugs regardless of the means of delivery of such drugs. The Bill requires health insurance companies to keep up with the groundbreaking advances in cancer treatments by structuring their benefit plans to give patients equal access to these therapies. I ask for an 'aye' vote."
"Representative Eddy seeking recognition."
"Thank you, Madam Speaker. Will the Sponsor yield?"
"She indicates she will."
"Representative, our analysis indicates there's some opposition to this. Is there a difference in cost between the intravenous and the oral drugs?"
"You know, the cost issue really varies based upon drugs, but as a rule, IV infused therapies are not necessarily more or less costly than oral chemotherapy treatments. The issue is, regardless of how much the drug cost, insurance companies cover the benefits based on how their plans are structured. For example, IV infused or traditional cancer therapies are often covered under the medical benefit so the patient may only pay a copayment. However, if the new groundbreaking oral treatments are covered in a plan, they're covered on the prescription component, and therefore, the patient may be subject to very high out of patient… out-of-pocket costs, regardless and unrelated to the cost of the actual drugs." 09700032.doc 143 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Is this in any way affecting the choice of treatment based on cost?"
"Absolutely not. The treatment decision is between a patient and the doctor, and that actually goes to the heart of this Bill, that the reason for putting this Bill forward is so that the patient and doctor can determine the best possible treatment regardless of having to take cost into consideration."
"Well, I… there's just… there's concerns with I think the possibility of the cost with this. And I know that the National Federation of Independent Businesses have had a great concern because of their… well, their real concern that the cost will increase in what they have to participate or pay for their health insurance for their workers."
"Well, I think the real issue is how the benefit plans are currently structured. The insurance companies, or some of the insurance companies that may be opposed to the Bill, simply have not structured their benefit plans in a way that keeps up with the amazing advances in technology. For example, a drug provided the IV infused oral chemotherapy may cost $20 thousand, but to the patient, it may only be a small copay; whereas the oral treatment, if there's an alternative or a better treatment available orally, that may only cost 10 thousand for the patient but they have to pay much higher out-of-pocket cost. So I think it's really a drug… a matter of a case by case review of drug costs rather than based on one being 09700032.doc 144 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 more expensive then the other. 'Cause it's really just a means of delivery of the drug."
"I… I get that."
"Okay."
"I know this is a very complicated issue and it's going to continue garner some attention because we have to make a lot of changes based on other federal requirements that are coming down the pipe. I think there's probably going to be other legislation that also addresses these types of issues for coverage and cost, and sure appreciate what you're trying to do here. I think we're going to see a lot more of this and we got to be careful with what we do to businesses in the state and how we drive those costs up, because as you know, we are in a climate now where those businesses are making a lot of decisions based on cost. So, I appreciate what you're trying to do here. Just… the Body would note that there is some opposition to the Bill. Thank you."
"Well, and I will point out that the chamber and the manufacturers have indicated that they are neutral on this Bill as well as Blue Cross Blue Shield."
"Thank you."
Speaker Yarbrough: "Representative Sullivan seeking recognition."
"Thank you, Madam Speaker. To the Bill. I rise in support of this Bill. Many of you may not know but I am married to a woman that is a nurse practitioner that used to work at Northwestern's Oncology Department and prescribes… used to prescribe these drugs on a regular 09700032.doc 145 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 basis. Her indication to me is that at many times it is cheaper to prescribe the oral version of this drug than the… than the intravenous, not only from the front-end cost of this but also when you prescribe oral medications, you don't now have to have infusion nurses to stand over these patients over many hours to make sure that things are going well. These are very toxic drugs that are done intravenously and so you have those problems of potential inpatient care that are also going to have to be now factored into the cost that goes on with these. Aside from the basic cost, the toxicity of these drugs between oral medications versus IV medications are tremendous. One of the things that my wife did was write studies on the toxicity to these, and so the quality of the care that these people get is certainly enhanced by taking the oral medications, and that in the end is something we really want to focus on also aside from the cost. So, this is a very good Bill for patient care for costs and for moving things forward because, right now, if you're just limiting it on cost, you're reducing the available drugs that a clinician can use to try and manage all kinds of symptoms for these patients, and that in the end is what we don't want to have is… is have less options for clinicians in regard to cancer treatment. So, I commend the speaker for this Bill. It is something that is overdue and I think when people start to really look at the cost down the line we will see a savings and we certainly, certainly we'll see more… better care for our patients. Thank you." 09700032.doc 146 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
Speaker Yarbrough: "The Gentleman from Cook, Representative Riley seeking recognition."
"Would the Sponsor yield?"
"He indicates he will."
"Representative, you know, there were some concerns about, you know, some of the opponents, but you really have a diverse number of proponents, matter of fact, you know, you have the American Cancer Society, you've got the Simmon Cancer… Cancer Institute of SIU, and then you have some drug companies, and all these companies are really involved in cancer clinical trials. And so you're to be commended and I think that also speaks to the importance of the Bill, the fact that you have so many diverse entities in support of it, wouldn't you say?"
"Yeah, we do have a large group of support, and I think one issue that we need to make sure we keep in mind is the quality of life issue. In some types of cancer there is an IV infused therapy available, but there may also be an oral therapy option available. This is particularly of interest to people that live downstate are not in close proximity to cancer treatment centers. Some of these patients have to travel up to two, three hours to get cancer treatment. Their spouse has to take off of work, they have to take off of work, if they're able to, sit there and get the chemo for three hours. It's really an amazing groundbreaking area and we're just asking the insurance companies to keep up with it by structuring their plans accordingly." 09700032.doc 147 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Representative, I guess in another life I was chief of biostatistics for the Illinois Cancer Council back in the 1980s, and that's what we did were cancer clinical trials both sponsored by drug companies and we also got new drugs from the National Cancer Institute. One of the things about what you're saying, sometimes there's not necessarily an oral analog for a drug, some things… cisplatin, fluorouracil, drugs like that have to be administered by IV, but there are a lot of treatments that are very well tolerated orally. And I just think that this a great Bill. To the Bill, Madam Speaker."
"To the Bill."
"This is a good Bill that she's proposing. And one of the things we always have to take in consideration is the care of the patient, the care of the patient, and I think this Bill speaks to that and it gives people a viable option. And I would hope that you would all join with me in supporting this Bill. Thank you."
Speaker Yarbrough: "The Gentleman from Champaign, Representative Rose."
"Thank you, Madam Speaker. Will the Lady yield?"
"Yes."
"All right."
"She indicates she will."
"Hey, Representative, how you doing? I want to say… really, it's more to the Bill, but I want to thank you for your work on this subject. Anyone who has ever been touched by cancer will know what this means. If you are… I think that's probably everyone in this room. For me, my 09700032.doc 148 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 dad died when I was in eighth grade of cancer. That's not a whole lot of fun and wasn't a whole lot of fun to watch him go through that. My mom, thankfully, is a two-time survivor. And so the ability to bring new medicines on line to give people hope, to lessen suffering when they're going through treatment is everything. And I’m proud to be your cosponsor, and I thank you for asking me to be on it. So, I look forward to voting for it."
Speaker Yarbrough: "The Lady from DuPage, Representative Bellock."
"Thank you very much, Madam Speaker, and I rise to support the Bill also. This is a tough issue for those of us that are always trying to be probusiness, not put other mandates on insurance, but also to provide really good health care to people throughout our state and I think that this Bill aims at doing that. Looking long range, I think 10 years from now, probably most of the people that receive cancer treatment will probably be receiving it orally, if we go forward with what's proposed here today. I think that that serves the purpose in keeping people out of hospital visits, so for cancer patients that's really important not to get other infections when they're going into a hospital. So, I think we need to look at the overall cost of health care and I think this will allow as somebody else mentioned, people… for us that live in the Chicago area, it's easy for… not easy, but it's accessible to go a half an hour to a place to receive treatments. For people who live two hours away from a hospital and have to go sometimes four days a week, that's a very difficult 09700032.doc 149 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 procedure especially when you're in such a traumatic period as having cancer. So thank you for doing the Bill and I support it. Thank you."
"Representative Williams to close."
"I appreciate all the discussion on this Bill and would appreciate an 'aye' vote."
"The question is, 'Shall House Bill 1825 pass?' All in favor say (sic–vote)'aye'; those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Mussman, would you like to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 'yeas', 0 'nays', and 0 'present'. And this Bill, having received the Constitutional Majority, is hereby passed. Representative Turner, is this you first Bill, Sir?"
"Thank you, Madam Speaker."
"On… on House Bill 3091. Mr. Clerk, read the record… read the Bill."
"House Bill 3091, a Bill for an Act concerning business. Second… Third Reading of this House Bill."
"Representative Turner. Sir, did you say this was your first Bill?"
"Yes, Ma'am."
"Go at it."
"Thank you. Thank you, Madam Speaker. House Bill 3091 amends the Consumer Fraud and Deceptive Business Practices Act to state that a locksmith cannot begin work on a project that will exceed a cost of $100 until the locksmith provides a written estimate of all costs which cannot be 09700032.doc 150 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 exceeded by more than 10 percent without the written consent of the consumer or a written price limit of the total cost that cannot be exceeded without the written consent of the consumer. We passed an Amendment on the Bill that will limit it to situations where… for personal family and household use, not commercial. I'd like a favorable vote from the Assembly. Thank you."
"Representative Reis seeking recognition. Out of the record. Representative Bost."
"Thank you, Madam Speaker. Will the Sponsor yield?"
"He indicates he will."
"Before I actually get to the actual language of the Bill and the concerns and some questions that I have, I noticed a while ago you couldn't present your Bill because you didn't have a computer. You know, we don't want to go down a path of comparing with other Legislators that serve here, but I knew Art Turner, a guy that served here and he didn't need a computer. He could just go right to his Bill and… and start presenting the Bill. And you know, I… now I know also that you are a SIU Alum, is that correct? And you're… your degree… you have a law degree from SIU?"
"Yes."
"Yeah, yeah. And with that and… how did you get that without a comp… oh, you had to use a computer, I'm sorry. I'm sorry."
"We used computers."
"I do really have some questions about this. What group or organization has… has requested this piece of legislation be brought forward?" 09700032.doc 151 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"It was brought to me by the Cook County State's Attorney's Office."
"Okay. And this… this provides that… can you explain the Bill one more time as far if it doesn't exceed $100… or if it exceeds $100, is that correct?"
"Right. So, it's just putting more control in the consumer's hand. If the price of the work will exceed $100, then the consumer will receive a written estimate that will detail the price fee and anything that would be different from that, the consumer doesn't have to sign on to it."
"So it… so it… it is requiring them to put a bid… for the locksmith to bid the job if it's over a $100. Is that correct?"
"It just has to be written; it's not necessarily a bid. It's just… it just gives…"
"But… but it… but it's a binding contract once they give that price is what this is saying. Is that correct?"
"No, it's… it can't exceed 10 percent without the written consent of the consumer."
"Without… we can't… okay."
"Right."
"Okay. This… I’m just trying to figure this out because… then does the… what was the problem that existed according to the Cook County State's Attorney that is occurring here, and how often does it occur?"
"Well, there are issues of price gouging almost where the consumer would search… look for the services, the locksmith would come out, tell the consumer one price and 09700032.doc 152 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 then begin the work and start to finish it and tell the consumer that it would be a lot higher than the initial price that was stated. So, this is an effort to get the consumer and the locksmith on one page right from the beginning, and if it's going to exceed that amount by 10 percent, then it has to have the written consent of the consumer."
"And Representative, I… it's your first Bill. I'd like to… the concern I have is, as a downstate Member, as I've dealt with locksmith legislation over the years, things that affect locksmiths in your area… I have different locksmiths in my area that don't quite… for instance, years ago they… when we started registering locksmiths, none of my locksmiths knew that they were even pushing for it to be done and it was done by the locksmiths of Chicago. Now, we're going to pass this law and I don't have a pro… I don't think that this is an issue in my district, okay? And I'm serious about this. I don't believe that my locksmiths are taking advantage of people and is this something that… then they're going to be negatively impacted by in my area with this type of legislation."
"It… it won't have a negative impact on them or their business. It just requires that they give a written estimate if it's going to be over $100. It's just protection for the consumer in this case."
"Okay. Have the Locksmiths Association weighed in on this?"
"I have heard of no opponents to this point."
"Oh, okay. Thank you very much." 09700032.doc 153 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Thank you."
"Representative Reboletti, for what reason do you rise?"
"Thank you, Madam Speaker. Will the Sponsor yield?"
"He indicates he will."
"Representative, I've talked to some locksmiths in the Village of Addison who had some opposition to your Bill, and I'd have to… he had spoken with his membership and he had said that they were trying to get an e-mail blast out and that they were trying to contact your office. His concern, Representative, is that, what does this Bill do to stop those people who are not licensed locksmiths from doing the same thing that what you're talking about? He believes, and I think what Representative Bost was talking about, is that most of our licensed locksmiths are doing what they're supposed to be doing and not coming to your home and telling your family that it's $300 to change the locks out, but when they come there it's $1 thousand after they complete their task. So, his concern was actually, it's the unlicensed locksmiths that are doing this. Do you have any comments about that, Representative?"
"This doesn't… this Bill doesn't address that, but DFPR can go under unlicensed practicing…"
"And I know that…"
"…locksmiths."
"…and I know they can do that, but what they've told some of my locksmiths is that they don't have the resources to do that. So, what would happen in a case where I'm 09700032.doc 154 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 locked out of my car and I call a locksmith, does he have to then give me a written estimate?"
"If it's over $100, yes. Most car lockouts, I would assume, would be under $100."
"Let's assume it's over $100. Is then he going to have to keep that for two years? What's the reason for keeping it for two years?"
"Just to have a record of it on file."
"But why two years? Why not three years or why not one year? Is there… was there a reason for that time frame?"
"I don't know."
"I guess, Representative, was the concerns of some of the folks in the business community that it was just another mandate that… some of the issues are not to licensed locksmiths, and that it's those that are unlicensed that are scheming our senior citizens and those that are vulnerable to these types of scams. They're the ones that are being taken in. And we're just going to add another additional mandate on to those that are following our rules and regulations and that's not going to stop the problem that you're seeking to stop. So, with that, I will be voting 'no' on your Bill, Representative."
"Thank you."
"Representative Lang, seeking recognition? No. The Gentleman declines. Representative Davis, Will Davis, seeking recognition?" Davis, W.: "Thank you very much, Madam Speaker. Madam Speaker, will the Sponsor yield?" 09700032.doc 155 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"He indicates he will." Davis, W.: "Representative, the previous speaker felt that the issue that you're really trying to get at you wouldn't get at, but certainly, if they're unlicensed individuals out operating and practicing, you're right, it is very hard to regulate those individuals. I'm sure there are a number of unlicensed plumbers out there, unlicensed handyman, you know, people doing business. But certainly if you pick up the phone book and call someone, you expect… or there is an expectation that that is a licensed individual or you certainly can ask them if they are a licensed individual. So, in respect to dealing with locksmith, how is asking a locksmith to provide a detail receipt any different than asking a plumber or any other type of person in a phone book to provide a detailed receipt of the services?"
"Not very different at all." Davis, W.: "Exactly. It's nothing difficult, but these are services that we can ask for and do receive the written estimates for because you know the work is going to exceed a certain amount, so why not want to. I'm addressing… dealing with the Bill with landlords and if they take a fee for an application, we're asking for some type of written receipt that explains how that fee is going to be utilized. So, it's not much different than that and what we ask for, for other professions in terms of providing a written estimate if that fee is going to exceed $100. So, while the Gentleman indicated that he would vote 'no', Ladies and Gentlemen, this is not much different than what we require from other various possessions… professions, individuals 09700032.doc 156 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 that come to work on our homes and do things in our homes. They come, they check out the situation and they provide you with a written estimate. How is this any different than that? I certainly encourage all Members to vote 'yes' on this Bill. Thank you."
"Representative Lang, seeking recognition, Sir?"
"Thank you. Will the Sponsor yield?"
"He indicates he will."
"I just want to recall, this is your first Bill. Is that right, Sir?"
"Yes, Sir."
"How you enjoying it so far?"
"It's coming along."
"Coming along. We'll see about that. So, this involves locksmiths and locksmiths only?"
"Yes, Sir."
"What if a handyman who is not a licensed locksmith is doing work at your home and doing these kind of services, are they covered by your Bill?"
"This Bill pertains to licensed locksmiths."
"So a licensed locksmith has to provide this written estimate?"
"Yes, Sir."
"But a unlicensed locksmith does not have to provide this written estimate?"
"This Bill deals with un… with licensed locksmiths who do work that exceed the cost of $100. It just provides that they would give the consumer a written estimate." 09700032.doc 157 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Well, if someone was a unscrupulous locksmith, wouldn't this be an incentive for them not to be licensed, to do the work anyway but then just rip people off without getting the license?"
"In that case, the department would go after them. I don't think it would encourage it."
"So, it's illegal to do locksmith work unless you have a license to be a locksmith?"
"For hire, it is."
"So if my handyman who does a lot of work around my house could be painting, it could be fixing concrete, he does a lot of things around my house. If I ask him to work on my front door lock, is he in violation of the law?"
"I'd have to look into that for you."
"Well, we should do that. We should do that. So, let me ask you this question. So if… if it's over $100 they have to put it in writing. What if they're doing two things that total $150 and they split it into two orders, each of them 75 each, do they have to provide a written estimate?"
"It doesn't really speak to that, but why would they split the bill into two?"
"Sir, this is your first Bill, I get to ask the questions. You can ask all you want, but I'm not answering any questions. I did that on my first Bill and I didn't have a red coat to wear and I notice you're not wearing one. You're not even wearing red. Aren't you in violation of some rule around here? So… and so you didn't have an answer to that question, so I'll just forge ahead. So when the written estimate is given, does this… can a person… do 09700032.doc 158 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 they have a three-day right to rescind as they do under some other… like Federal Laws? I'm asking some tough questions, even staff does not know the answers to these questions."
"I'd have to look into that."
"All right. So when the Bill goes over to the Senate, these 10 things you're going to look into, I hope you'll look into them when the Bill is over there. Thank you, Sir."
"Thank you."
"Representative Mayfield."
"Excuse me, Representative. I just had a… I have a couple of questions. Do you feel that you're special because you share the name of a distinguished past Representative?"
"No, Ma'am."
"Then can you please explain your blatant disregard for tradition and not wearing a red jacket?"
"Well, I'm told it's not totally tradition, but I didn't… I didn't… I wasn't aware that I was going to have my Bill called today."
"Okay. Are you prepared to remove the Bill from record until you are dressed appropriately to address this Bill?"
"No, I don't look so good in red."
"Okay. I feel that we need to pull out the trophy and everyone in here should present a 'no' vote on this Bill until he puts on a red jacket. Oh, here we go. 09700032.doc 159 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 Mockman (sic-Morthland) to the rescue. Thank you so much. I feel much better now."
"Representative Eddy seeking recognition."
"Thank you. Would the Sponsor put the red jacket on and yield?"
"I'm sure he will."
"Representative, you want to throw the red jacket on so you quit getting… it's right there in front of you. That one right there. I think Representative Morthland yeah, it's red; it's that other color. It's the real bright one in front of you. Just… there you go. Ladies and Gentlemen. Looking good, it's looking good now."
"This could get me in trouble in my neighborhood."
"There's a look; that's nice. Representative, do you have your pin? Wow. Do you have your pin?"
"Yeah, I do."
"And the only reason I bring that up is, actually, your father gave me every one of these pins that I have and I think probably it would be good for you to put that pin on that he championed so many years for you. And by the way, did… does… does your father know that you're doing your first Bill today?"
"I sent him a text message."
"Did you? Did he text you back? 'Cause that's the only way I get my kids to talk to me is through text. Is it same…"
"He's not so quick, he didn't text me back."
"He's not so quick? Would you like us to wait to see if he is tuning in 'cause I know he would enjoy this?" 09700032.doc 160 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"No, I think…"
"You check in."
"…he'll be all right."
"Okay. All right. Well, hopefully… hopefully, we'll something real good to tell him like that you got a trophy for your first Bill. Think he would know what that means that if you actually got a trophy on your first Bill?"
"He might."
"All right."
"He might."
"Representative, I want to just make sure that we go down this path on the licensing. Is it required for all locksmiths in the State of Illinois that practice as locksmiths to have a registered license?"
"If they're… if they're a business operating for hire, yes."
"So, in my part of the state, a lot of folks do a lot of different kind of work, and some of them do work on locks and they're not necessarily… that's not their only business. They're not called locksmiths, but they do work on locks and much the same way that Representative Lang discussed maybe a front door or a business door. If they're not licensed but they do that kind of work, is your intention for them to also have to go through the process here, or just licensed?"
"This Bill pertains to licensed locksmiths."
"Okay. So… so for purposes of intent, if someone is working on a lock and they're not a licensed locksmith, this does not pertain to them, correct?" 09700032.doc 161 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Yes."
"Okay."
"Representative Eddy, if I could interrupt you just for a minute. We have father Art Turner on the phone."
"Very good. He's on the phone? You know, I didn't know Art went into the priesthood since he left here. It's father Art Turner now. I thought, father Turner."
"Say hi."
"How are you, Art?"
"He looks nice in red."
"Is Representative… former Representative Senior Turner, Turner Senior, a licensed locksmith? Did he go into the business or…"
"No, he's not."
"What's he doing now?"
"He's just retired, he's relaxing."
"You see him much?"
"I see him every now and then."
"Doing good?"
"He's doing well."
"Oh, good. All right."
"Thank you."
"We got that out of the way. Thank you, Representative Dugan. And we're glad that Representative Turner, Sr. could tune in today or listen in. I just want to make sure, again, that we know the process here. If you perform a locksmith's service, you have to disclose your license number and legal name and also give an estimate and if that 09700032.doc 162 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 estimate is over 10 percent variance from the original estimate, then what do you have to do?"
"They have to receive the written consent of the consumer."
"Before you proceed? What if the individual isn't home and they're working on their lock, does the licensed locksmith have to sit in the front yard and wait for them to come back to get the written consent before they fix it because it's 10 percent over?"
"If's it's going to be 10 percent over, yes."
"So they just kind of hang around the yard?"
"They may have to."
"May just have to hang around the yard? What if it's snowing?"
"I hope they brought a jacket."
"No, I mean if it's snowing, is he allowed then to shovel the driveway and throw the snow out on to the road?"
"It may be okay now Thaddeus pulled it, so…"
"Well, what if he puts it on the sidewalk first and then he throws it on the road, is that okay?"
"It would probably be all right."
"Well. Just so he's all right. One final question. What is the penalty for violating this Act? What happens to the locksmith who… not… not that anyone would ever violate a law that you passed, Representative, but in the unlikely event that that would happen, what, pray tell, would happen to the locksmith?"
"The Attorney General can or the state's attorney can take legal action at that point. The Act already provides 09700032.doc 163 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 for penalties. We're not looking to increase those penalties."
"Okay. What is that penalty?"
"Those penalties are already provided under law."
"So, you're telling me that Lisa Madigan will come out and talk to the gentleman? The Attorney General will come to the person's home where the locksmith is working and she will personally discuss the issue with that person? Now, that's service. Representative, is that in your Bill or is that your intent?"
"No, her office will take action I'm sure."
"Her office, oh, okay. Well, that's kind of disappointing. Good luck, Representative. The jacket looks good…"
"Thank you."
"…it really, really does. I'm glad your father could tune in and good luck on your first Bill. Remember, there is a trophy here and it's lurking about the room and it could be yours."
"Thank you."
Speaker Yarbrough: "No one else seeking recognition, Representative Turner to close."
"Thank you, Members of the General Assembly. I'd like your support on this Bill."
"And the question is, 'Shall House Bill 3091 pass?' All in favor vote 'aye'; those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Brauer, McAuliffe, Poe, Saviano. Clerk, take the record. On this 09700032.doc 164 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 question, there are 97 'yeas', 18 'nays' and 0 'present'. And this Bill, receiving a Constitutional Majority, is hereby declared passed."
"Speaker Madigan in the Chair. Ladies and Gentlemen, if I could have your attention. We have a very distinguished guest with us today and I'm going to ask him to offer some brief remarks to all of you. Thirty years ago today, there was an attempted assassination of President Reagan. And you may remember that one of the Secret Service Agents assigned to protect President Reagan was shot with a bullet on that day and survived the attempted killing, and it happened because he threw his body in front of President Reagan. And so, it's really with great pleasure that I introduce you to Mr. Tim McCarthy, the Secret Service Agent who was wounded on that day. Mr. McCarthy."
"Thank you very much, Mr. Speaker, very gracious and kind of you to introduce me here today. And Representative McCarthy, no, we're not related. Kevin just says he's the one that took the bullet for the last 30 years and it keeps getting him elected, so that's good. But I just want to thank you for the opportunity to see you all here today. I'm down here with Illinois Chiefs of Police discussing some of our legislative issues along the way. But again, thank you so much for being here. Good luck in your work in supporting the people of the State of Illinois 'cause I’m one of them and so happy to get back from D.C., albeit 15 years ago, to get back to Illinois and my hometown. Thank you so much again, Mr. Speaker." 09700032.doc 165 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Tim will be right down here in the well, if you wish to greet him and thank him for his service to the nation. Representative Yarbrough in the Chair. Representative Lyons in the Chair."
"Representative Jones, for what purpose do you seek recognition, Sir?"
"Point of personal privilege."
"Please proceed."
"I'd like to introduce the hardworking men and women of my district, firefighters from the Village of Dolton. The president of the Dolton firefighters, Dave DuVall, and also the president of the South Holland firefighters, Tony Dinovo. These guys… they've been in the gallery."
"Welcome to Springfield, gentlemen. Glad to have you here. Representative Sacia, for what purpose do you seek recognition, Sir?"
"Thank you, Mr. Speaker. Personal privilege."
"Please proceed."
"I realize that Chief McCarthy is greeting fellow Members. There's not a Member here over the age of 40 that doesn't recall that day some 30 years ago, and for those of you that have not seen the video of what occurred on that day, you owe it to yourself to see it. The gentleman that's greeting you today literally threw himself on top of the President, then President Reagan, and certainly is responsible for saving his life. It's something that he, as a Secret Service Agent, was trained to do and to have seen him go on to become a chief of police and the good work that he continued to do throughout his career in law 09700032.doc 166 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 enforcement is… is very, very laudable. And I think it's a tremendous honor for all of us to have the opportunity to shake his hand today and thank him for his service. So, whether it's the correct title is now Special Agent Murphy or Chief… I'm sorry, McCarthy or Chief McCarthy, either way you bring great honor to this Body. Thank you so much, Sir."
"Representative Robyn Gabel, for what purpose do you seek recognition?"
"Point of order. I… I voted 'yes' on House Bill 1577 and I meant to vote 'no'. Could the record reflect that?"
Speaker Lyons: "The Journal will reflect your request. Representative Dan Biss, what purpose you seek recognition, Sir?"
"Thank you, Mr. Speaker. Point of order. I ask that the record reflect my intention to vote 'no' on House Bill 1577."
Speaker Lyons: "The Journal will reflect your wishes, Representative."
"Thank you, Mr. Speaker."
"Representative Hernandez."
"Thank you, Mr. Speaker. Point of personal privilege."
"Please proceed."
"Yes, I'd just like to… if all could give a warm welcome to our brave Cicero fire fires… fighters of Local 717. Let's give them a warm welcome."
"Welcome to Springfield, guys. Glad to have you. Enjoy your day. Representative Tom Holbrook." 09700032.doc 167 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Thank you, Speaker. I also have my firefighters from Belleville here with me, Brian Maine and his whole crew right behind me here in the upper gallery. I'd like to welcome them."
"Welcome, Belleville firefighters. Glad to have you. Representative Will Burns, for what purpose do you seek recognition, Sir?"
"I rise on a matter of personal privilege, Mr. Speaker."
"Please proceed."
"Yes, on House Bill 1577 I'd like the record to reflect that my intention was to vote 'no' on that Bill. My… I think there was something wrong with my voting switch and it inadvertently was green."
Speaker Lyons: "The technician over there to correct that switch, Representative, or is it under control now?"
"Thank you…"
"It's under control? Does your…"
"Thank you very much, Mr. Speaker."
"The Jou… the Journal will reflect your wishes alderman… Representative. Representative Williams, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. I'd like the record to reflect I meant to vote 'no' on House Bill 1577."
Speaker Lyons: "The Journal will reflect your wishes. Representative Senger, I think you'd be next to… in line to run a House Bill on Third Reading, House Bill 2053. Read the Bill, Mr. Clerk."
"House Bill 2053, a Bill for an Act concerning criminal law. Third Reading of this House Bill." 09700032.doc 168 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"The Lady from DuPage, Representative Senger."
"Thank you, Mr. Speaker and Members of the House. House Bill 2053 basically amends the Criminal Code of 1961 and it refers to computer tampering. What this House Bill is doing is defining electronic hijacking. And where this case came from, it was a case in Berwyn. Miss Illinois International had her Facebook stolen through ID. So, her Facebook was hijacked and a lot of damage was done due to that. So, what we're doing is we're, again, updating the Code to bring our Codes up to speed right now with our electronic means that are out there and the criminal work that's going out there. I support… I appreciate your time and I ask for your support."
"You heard the Lady's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 2053 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 Burns, Representative Chapa LaVia. Mr. Clerk, take the record. On this Bill, there's 113 Members voting 'yes', 2 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Sosnowski, you have Sen… House Bill 2984. Out of the record. Representative Mike Tryon, on the Order of Third Reading, you have House Bill 1101. Read the Bill, Mr. Clerk."
"House Bill 1101, a Bill for an Act concerning State Government. Third Reading of this House Bill." 09700032.doc 169 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"The Gentleman from McHenry, Representative Mike Tryon."
"Thank you, Mr. Speaker. This Bill actually passed the House in the 96th General Assembly, and what it does is, it amends the Surplus Property Control Transfer Act, and it sets a limit that the Executive Branch has before they have to ask for approval from the General Assembly and that limit is a million dollars. Be glad to answer any questions."
"You heard the Gentleman's explanation. Are there any questions? Seeing none, the question is, 'Should House Bill 1101 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Colvin, Feigenholtz, Mell, Nekritz, you'd like to be recorded? Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Unes, you have House Bill 1708. Read the Bill, Mr. Clerk."
"House Bill 1708, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
Speaker Lyons: "The Gentleman from Tazewell, Representative Unes."
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1708 was brought to me from a member of the Bartonville Police Department and Commander of the Illinois State Tactical Response Team. This Bill 09700032.doc 170 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 will amend the Criminal Code of 1961, and very simply would allow a member of the emergency response team to use a suppressor when performing the acts of their job duties if necessary. There are… there is no opposition and I ask for its passage."
"The Chair recognizes the Gentleman from Cook, Representative Mike Zalewski."
"Thank you, Mr. Speaker. I rise in support of the Gentleman's Bill. This is a merely drawn piece of legislation that will allow law enforcement, specifically SWAT officers, to perform their duties to protect both their safety and those involved in those… these sort of situations. This is a good Bill and I ask the Body to vote 'aye'."
Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Golar."
"Mr. Speaker, I would like the record to reflect on House Bill…"
"Representative, let me get right back to you. Let's finish this debate and I'll get right back to you at…"
"Okay. Thank…"
"Is there anyone seeking further discussion? Seeing none, the question is, 'Should House Bill 1708 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 McGuire. Jack. Mr. Clerk, take the record. On this Bill, there are 115 Members voting 'yes', 0 voting 09700032.doc 171 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Rep… Representative Golar, you have a point of order?"
"Thank you, Mr. Speaker. I would like the record to reflect that I am a 'no' on House Bill 2053."
"The Journal will reflect your request."
"Thank you."
"Representative Art Turner, what purpose you seek recognition, Sir?"
"Thank you, Mr. Speaker. Point of order. I'd like to be recorded as a 'no' vote on 1577, House Bill 1577."
Speaker Lyons: "The Journal will reflect your request. Representative Ron Stephens, you have, on the Order of Third Reading, House Bill 3222. Read the Bill Mr. Clerk."
"House Bill 3222, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Stephens."
"Thank you, Mr. Speaker. 3222 simply adds the master's degree in public administration to the list of qualifications to receive an administrative certificate for school business… as a school business official. Be glad to answer any questions."
"You've heard the Gentleman's explanation. Is there any discussion? The Chair recognizes the Gentleman from McHenry, Representative Jack Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Why?" 09700032.doc 172 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Well, we always need more qualified people in these very important positions and it occurs to me that a master's degree in public administration would make you perfectly qualified for this position."
"Because right now, they're able… they're required actually for a school business off… official endorsement to have a master's degree. Does it say what kind?"
"Yes. There are, currently, in the current stat… am I interrupting your lunch by the way?"
"Pardon me?"
"Am I interrupting your lunch?"
"No, go right ahead."
"Well, okay."
"You're fine."
"Currently, a master's degree in business administration, a master's degree in finance or a master's degree in accounting are currently accepted. This would simply add to that list a master's degree in public administration."
"Thank you. I wasn't sure because that's not exactly how our…"
"I can get you…"
"…executive summary."
"…a Republican analysis which is thorough."
"I appreciate that. Thank you."
"The Chair recognizes the Gentleman from Cook, Representative Will Davis." 09700032.doc 173 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 Davis, W.: "Thank you very much, Mr. Speaker. Representative Stephens, do you have a master's degree in public administration?"
"I do not. I…" Davis, W.: "Well, I do, and I would never think that I was qualified with that degree to be a school business official. Does it require any particular specialization, any particular focus that says that you have to take some additional courses, anything that would be more in line with what the current requirements are to be a school business official?"
"First of all, I always knew that you were smarter than me, and now I know why. The… no, it simply adds that to the… to the list. I… you know, a master's degree in public administration for instance, might not on its surface seem like that makes you qualified to be a candidate for that administrative certificate. However, history has shown us that we have those three qual… those three degrees have formerly been accepted. This simply adds the public administration to that list. I know of no further requirements, and as far as continuing education, once you're certified, maybe so, I'm not sure." Davis, W.: "Okay. And again, I mean, I know it's all relative and obviously when an individual applies for the job, that school district will make that determination whether or not they feel that individual's qualified for the job. So, I… I do understand that, but it just since you are adding an additional degree I didn't know if it should include with a specialization or with a concentration of some sort so that 09700032.doc 174 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 it's more in line with what currently an individual… even in a public administration degree you can still be cert… not certified but still be… can get a specialization or some type of extension in accounting, finance or something of that nature. So, that's why I was just wanting to make sure, you know, what your intent was. Is it strictly just the master's in public administration degree?"
"That's it." Davis, W.: "Okay. Thank you very much."
"Representative Stephens to close."
"I would ask for your 'aye' vote."
"The question is, 'Should House Bill 3222 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Keith Sommer. Mr. Clerk, take the record. On this Bill, there's 113 Members voting 'yes', 2 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Nybo, for what purpose do you seek recognition, Sir?"
"Mr. Speaker, I rise on a point of personal privilege."
"Please proceed."
"If we can all turn our attention up in the gallery, I've got a good friend of mine down here who's not only a firefighter and is down here as part of their lobbying effort, but who's also a village trustee in the Village of Westchester which is in the 41st District. Nick Steker's up in the gallery, if we can extend him a nice welcome. Thank you." 09700032.doc 175 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Representative Pat Verschoore, you have, on Third Reading, House Bill 2987. Read the Bill, Mr. Clerk."
"House Bill 2987, a Bill for an Act concerning finance. Third Reading of this House Bill."
"Representative Verschoore."
"Thank you, Mr. Chairman, Ladies and Gentlemen of the House. What this Bill does, it creates the Project Labor Agreement Act that requires the state department, agency, authority, board or instrumentally (sic- instrumentality) under the control of the Governor, to include a project labor agreement on a public work's project when the department, agency, authority, board or instrumentally (sic-instrumentality) determines that the agreement advances the state's interest and requires the state department, agency, authority, board or construction industry to set out the terms to be included in that project labor agreement and requires a percu… Procurement Code. Provides that the Illinois Procurement Code is subject to the applicable provisions of the project labor agreement. This is nothing new. We're doing it now only it's under the Governor, the direction. This would be codifying the law and making it a statute. It has provisions in it for their… the quotas for minorities and it also has provisions in it to help returning veterans. And a few of the… the content of the PLAs is they're effective immediately and a mutually binding procedure for resolving labor disputes and grievances that arise before completion of the project. Guarantees against strikes and lockouts and other stoppages. Ensures reliable sources of 09700032.doc 176 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 skilled and experienced labor, further public policies adjust these encourage diversity that permits the selection of the lowest qualified bidder without regard to union or nonunion status on the project. Binds all contractors and subcontractors on the project through the inclusion of bid specifications and are relevant documents. It includes any other terms deemed appropriate for both bodies. I'd be happy to answer any questions."
"The Chair recognizes the Gentleman from Jasper, Representative Reis."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, why do we need this over what we have right now?"
"Well, it's just a way that we can do this, make it a statute. It just codifies the law. Like I said, we're not doing anything different than we were before or we're doing now, I should say."
"Right now, we have project labor agreements requirement for contractors to bid on state projects because of an Executive Order…"
"Right."
"…or Executive Orders, correct?"
"Right."
"So how will this be different? You're just codifying what is already Executive Order?"
"That's exactly right. It's no different. It just codifies it and puts it under the department agency's head and they… it doesn't mean that they have to do all projects 09700032.doc 177 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 that are labor agreement. They may if it's to the benefit of the state as far as making sure that the project gets done time… done on time, under budget, and there's no work stoppages."
"Why do we need project labor agreements to begin with?"
"Well, they work well for the contractors and for business."
"For the union contractors, right?"
"Well, it can work for nonunion contractors too. They can bid on the project."
"Only if they agree to hire union workers."
"Hire their own workers, that's true."
"So what are they supposed to do… what are they supposed to tell their own workers… and this has been a craw in our throats for a long time since Blagojevich issued the first Executive Order, is that nonunion contractors, which makes up 80 percent of the contract workers in this state, cannot have a chance to bid on state projects."
"They can bid on them and their members can become members."
"But they would have to hire union workers, so what is he supposed to tell, he or she, their nonunion workers?"
"They… the nonunion workers can go into that union and sign up. They're getting better pay and better benefits."
"Ah. Well, more union… more unions. Okay. Ladies and Gentlemen, to the Bill. This is discriminate rev… this is discrimination to all the contractors in this state that pay taxes, whose employees have payroll withheld on their 09700032.doc 178 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 salaries, that they cannot bid on state projects. They deserve the same credit or the same opportunity as the union contractors to bid on state projects. It's going to bring down cost, it's going to increase competition, it's going to save taxpayers money and will allow the State of Illinois to do more projects with the same amount of limited resources. But this is… this is just wrong. As long as they conform to prevailing wage laws, as long as they conform to apprenticeship and proper training, they should have the same right to bid on state projects. Now they can't even bid on federal projects. And it was brought up in committee this week that, well, it's a safety issue and it's a infrastructure… they're going to… the unions are going to make better projects. Well, if they're building a bridge across Mt. Carmel like they just finished, and Indiana did…"
"Representative Reis, we'll give you another minute to finish your remarks."
"If the State of Indiana did half the bridge and the State of Illinois did half the bridge, is the half that built on the Indiana going to fall down? Of course not. Do nonunion contractors wake up every day and try to purposely build inferior products? Of course, they don't. The vast majority of contractors in my district and I know Senator Sullivan's district cannot bid on this stuff. And I just think this is wrong to codify this, because if we do have a change in regime, maybe the next Governor may not want this. So, it's bad enough that we have Executive Orders setting this, but I think it's wrong for the 09700032.doc 179 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 taxpayers and it's wrong for the nonunion contractors to codify this into law. And I would urge a 'no' vote."
"The Gentleman from St. Clair, Representative Tom Holbrook."
"Thank you, Mr. Speaker. I have a question of the Sponsor. Will he yield?"
"He awaits your question, Sir."
"Representative Verschoore, sometimes utility companies must relocate their facilities as a result of public works projects. Does this Bill also require utility companies to establish project labor agreements?"
"No. This Bill only applies directly to contracts of the state; therefore, the Bill does not cover utility relocation facilities and are done at the utility's expenses in support of their own network."
"Thank you."
"Thank you."
Speaker Lyons: "The Gentleman from Morgan, Representative Watson."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, this is just to make sure I have a… are following this straight, this is to codify an Executive Order…"
"That's correct."
"…that was first initiated by whom?"
"By the Governor Blagojevich originally."
"And so, how… how have those economic policies worked out for the state?" 09700032.doc 180 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Pardon me? I couldn't hear you?"
"How have Governor Blagojevich's economic policies worked out for the state?"
"Some of them not so good. But the contractor whether they're nonunion or union has to pay prevailing wage, so the… Mr… the previous speaker said that it would cost more money, it wouldn't cost more money. They have to pay the prevailing wage anyhow and benefits. So, it's not… it's not a situation where they to have pay, it'd be costing more money."
"So what… what is it actually codifying then that Blagojevich brought to the table that wasn't there before he came?"
"Well, what… the state can use it… like I said earlier, the state can use these when it's beneficial to them if they feel like they can't afford any work stoppages or there's a time limit on the job that needs to be done and/or if it needs to be on budget. Most PLA agreements, I'm not saying all, but the biggest percentage of PLA agreements come in on budget, under time and without any work stoppages. So, that's the benefit."
"Well, I… I guess, Representative, and I understand the point of these agreements I understand all… My challenge or what I struggle with is, is we still have this huge deficit and we still have a limited amount of resources to try to deliver some type of services and some types of projects throughout the state, and it just… it's a challenge. It really…" 09700032.doc 181 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Representative, we'll give you another minute to finish your thoughts."
"Thank you, Mr. Speaker. It's just a challenge to look at it and say we're going to… we may be implementing policies that are going to give us less resources to spend around and spread around the state in a time of… of a very, very limited resources. That's my only challenge. I understand your intent, but I think we have to start looking at things in a different paradigm and that is how do you expand these resources equitably so that we can impact… have the most positive impact possible. Thank you."
"The Gentleman from Winnebago, Representative Jim Sacia."
"Thank you, Mr Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Pat, do you know the difference, the average difference in cost on a state construction project when there is a project labor agreement in effect as opposed to when there is not? The average percentage, do you know what the figure is, Sir?"
"For the state… for a state?"
"Yes, Sir."
"It would be no difference because they're… like I said earlier, they have to pay prevailing wage on the job, so there would be no difference."
"Then let me rephrase it, Representative. Before I do, if this does receive a Constitutional Majority, Mr. Speaker, could I ask for verification?" 09700032.doc 182 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"So noted."
"In a project labor agreement, would you not agree, and let me take the word state out of there, but would you not agree that typically the difference is a cost of between 20 and 30 percent?"
"I would not think it would be that high. You might know a bit more than I do on that, but I wouldn't think it'd be that much."
"Well, it's very, very significant, Representative, and we have… and several of the speakers previous have alluded to it, but we've reached a point in Illinois where we are literally upside down. We are bankrupt and we have so many small businesses… in fact, Representative Ford, this very day had a Bill to offer small businesses a better opportunity to bid on projects. We are in a financial crisis. By codifying project labor agreements, we really are taking the little guy out of the picture, the nonunion operator simply cannot compete. And you know when we have an administration that strives so much to do this very thing, it really does hinder our small business. It's the type of thing that I would certainly urge a 'no' vote…"
"I'll give you another minute to finish your thoughts, Representative Sacia."
"Thank you. My… my thoughts are simply, Ladies and Gentlemen, this is the type of Bill that is absolutely invasive to Illinois business. Let's… let's go back to the drawing board and fix this legislation. I encourage a 'no' vote. Thank you." 09700032.doc 183 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
Speaker Lyons: "Representative Verschoore… Representative Phelps."
"Thank you, Mr. Speaker. Will the Gentleman yield?"
"The Gentleman yields."
"Representative Verschoore, isn't it true that this Bill does not prohibit anyone, either union or nonunion…"
"Yes."
"…from doing any type of project with PLAs?"
"On any type of projects, and as the two previous speakers were trying to point out, it says that the nonunion would not be able to compete. They absolutely would be able to compete. This is… this is for a state… this is a state… for State Law. This doesn't affect other jobs; it's just on state jobs. And they have to pay prevailing wage and so they'd have to pay the same… the same amount of money. It would not cost anymore."
"Okay. Representative, real quick too. Isn't it true it's a business decision when a nonunion contractor doesn't want to bid on a PLA? It's just their business decision, correct?"
"That's right. It's their business decision because they can bid on it if they want to."
"Also, many times in these PLA cases, in these jobs, usually it saves money because they're time sensitive and it gets done earlier, so therefore, the municipality or the government can save money on this, correct?"
"That’s correct. There's…"
"To the Bill. Thank you, Representative Verschoore for bringing this up. If this was discriminatory, PLAs were 09700032.doc 184 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 discriminatory, the Supreme Court would never have upheld this some 20 years ago. So, I think the Gentleman has a great Bill and I urge an 'aye' vote."
"Representative Cavaletto."
"Call for the previous question, please."
"You're the last speaker. Did you ask for the call on the previous question? You were the last speaker anyway, Representative. Representative Verschoore to close."
"I would just ask for your 'aye' vote. And I do want to stress again that this does not exclude anyone. Anyone can bid on this. It has protections in there in the Bill that says 'shall'… or 'may' rather than 'shall' use these agreements. So, it's… and everybody is able to bid on it and they would not… it wouldn't make any difference in cost because whether it's a nonunion or a union company they have to pay the prevailing wage and benefit package. So, I would ask for an 'aye' vote. Thank you very much."
"Ladies and Gentlemen, Representative Sacia has asked for a verification of the vote. Members are asked to please vote their own switch. The question is, 'Should House Bill 2987 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 Smith, Nekritz, May, Lang, Jakobsson, Feigenholtz. Mr. Clerk, take the record. Representative Verschoore." Verschoore: "Could I put this on Postponed Consideration, please?" 09700032.doc 185 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Mr. Clerk, on the request of the Sponsor, put this Bill on Postponed Consideration. Representative Jehan Gordon, for what purpose to you seek recognition?"
"Thank you, Mr. Speaker. I rise at a point of personal privilege. Members, if you would please indulge me for about 17 seconds and give a warm Springfield welcome to eight brave men from Peoria, Illinois. Peoria FireFighters Local 50, if you would please stand and have Springfield's finest honor you: Steve Rada, Rick Waldron, Mike Ralston, Josh Maroney, Andy Perry, Shawn Sollberger, Jay Simmons, and Ralph Phillips. Thank you for all that you do for our community."
"Welcom… welcome Peoria firefighters, enjoy your day. Representative Mayfield, for what purpose do you seek recognition?"
"Speaker, I would like to annotate that on House Bill 1577 I'd like to be recorded as a 'no' vote."
Speaker Lyons: "The Journal will reflect your wishes. Representative Senger, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. Point of personal privilege."
"Please proceed."
"I'd like to introduce the firefighters from the fine City of Naperville on my left."
"Welcome Naperville firefighters. Proud to have you here. Enjoy your day. Representative Jim Watson, on the Order of Third Reading, House Bill 237. Read the Bill, Mr. Clerk." 09700032.doc 186 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"House Bill 237, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Representative Jim Watson."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 237 simply creates the Illinois Sesquicentennial of the American Civil War Commission Act. Composed of 17 members, we would join 20 other states that are trying to promote this anniversary of the Civil War. I'd be happy to answer any questions."
"Is there any discussion? Seeing none, the question is, 'Should House Bill 237 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 Chapa LaVia, Crespo, Cunningham and Lang, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there are 110 Members voting 'yes', 1 Member voting 'no', 2 Members voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Riley, for what purpose do you seek recognition, Sir?"
"Thank you, Mr. Speaker. I'd like for the record to reflect that on House Bill… the vote on House Bill 1577, I'd like to be recorded as a 'no' vote."
Speaker Lyons: "The Journal will reflect your wishes. Continuing in Order of Third Bill… Third Readings of House Bills, Representative Bellock, you have House Bill 1662. Patti Bellock, 1662. Read the Bill, Mr. Clerk." 09700032.doc 187 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"House Bill 1662, a Bill for an Act concerning public aid. Third Reading of this House Bill."
Speaker Lyons: "The Lady from DuPage, Representative Patti Bellock."
"Thank you very much, Mr. Speaker. What 1662 does is requires HFS to provide a report to the General Assembly regarding the impact of switching to a 1634 an eligibility determination status. What this is, is changing the status in the Medicaid, and 40 other states do this this way. This was something we were looking at when we talked about all the Medicaid structure changes, and I think that there is no opposition to this Bill because everybody's looking to cut down on the… like in my area, there's 2500 people to one caseworker in the DHS offices. If we could change the status, and this would just be a study to look at that, or a report, we could serve those people better through the Social Security Office. I don't know of any opposition."
"Is there any discussion? Seeing none, all those in favor of House Bill 1662 should vote 'yes; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Kelly Burke. Mary Flowers. Mr. Clerk, take the record. On this Bill, there are 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative John Bradley. Is Representative John Bradley on the floor? Representative Michael Bost, on the Order of Third Reading you have House Bill 1157. Read the Bill, Mr. Clerk." 09700032.doc 188 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"House Bill 1157, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Representative Mike Bost."
"Thank you, Mr. Speaker, Members of the House. House Bill 1157 tries to cure a problem that we've had for many years. We, on a regular basis, pass pieces of legislation that are subject to appropriation and many of them over years and years and years do not get funded. And basically what this legislation says, after being amended at the request of Representative Lang, it is seven years… after seven years those pieces of legislation are removed from the books. Now, we can then come back and pass them again if that's necessary, but this allows for the books to be cleared up. I think it's a good piece of legislation. I'd be glad to answer any questions."
"You heard the Gentleman's explanation. Are there any questions? The Chair recognizes the Lady from Cook, Representative Monique Davis." Davis, M.: "Thank you, Mr. Chairman. I think, Representative Bost, we discussed this in committee. And I think one of the things we said was, you know, this one Body is going to undo the work of many Legislative Bodies. Is that correct?"
"Well, that was… that was your position in committee, yes." Davis, M.: "Well, my thought was, even though something has been on the books and has yet to be funded, we're erasing the work of a lot of people…"
"And the good…" 09700032.doc 189 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 Davis, M.: "…just to summarily decide you're not funded, so we're going take you off the books. I don't think it's the good thing to do."
"Well, and… and here's why I think it is. They would give the golden opportunity for Legislators, if it's such great legislation, to move it again. They'd be able to get a new press pop on it, they'd be able to move forward with that, but what happens to the people who believe that that legislation is actually going to take effect when we do not fund it, and I'll give you an example of that. The late Terry Deering passed, in 1988 (sic-1998), a piece of legislation that said that if you have a county where the… where a correctional facility is located, your county clerk or circuit clerk receives a stipend of $10 thousand to offset a lot of the paperwork that goes with having that facility. We have never funded that. That was subject to appropriation; it was never funded. Now, you have many clerks out there that, you know, that could probably depend on this, but the reality is we're not funding it. So, rather than holding it on the books when if you look at the Illinois Stat…"
"We'll give you another minute, Representative, to finish the questions."
"If you do not believe that the Illinois Statutes, since the 1970 Constitution, since the Con-Con, we had 2… 2 statute books." Davis, M.: "Okay. To the Bill."
"Now we have…" Davis, M.: "To the Bill." 09700032.doc 190 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"…what, 10?" Davis, M.: "To the Bill, Mr. Speaker. This is a big state and if we have 10 that may not be enough. We all know if you've been here a while how difficult it is to get any legislation passed through this Body, from committee to the House Floor, to committee to the Senate, to a Governor's signature, it is not an easy process. Granted, the past seven years or more have been difficult in getting some things funded that we want funded. Some may not have said by… for appropriations only. Let me give you an example what happens sometimes. For example, you have a commission that's authorized by this Body, signed by the Governor, but he doesn't appoint the members. So the members are not appointed, so they cannot do their work. I believe this Gentleman has a good idea. I'm sure the prison that's operating in his district doesn't need any legislation to stop them from doing whatever they may be doing or not doing, but they're getting their money for their prison, and some people had greater ideas who are not getting money for their projects. But I ask this question, who are we to remove it from the books? You know, it took a long time to get some of this legislation passed, and many of these Legislators who put these things on the books, are much greater than I. Now, I don't know if some people think they're smarter than every Legislative Body that has been here and we're going to wipe this out and we're going to wipe that out. I just don't think anybody in here is smarter than perhaps, you know, some of the former Members 09700032.doc 191 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 of these Bodies who worked hard and diligently to put these things on the books. And I would urge a 'no' vote."
"The Chair recognizes the Gentleman from Cook, Representative Will Davis." Davis, W.: "Mr. Speaker, will the Sponsor yield?"
"The Sponsor yields." Davis, W.: "Representative, as I read our analysis and it talks about where… that are subject to appropriation which haven't received funding, are you making a distinction between GRF and other funds?"
"I'm… I'm sorry, could you repeat the question, please?" Davis, W.: "Are you making a distinction between GRF funding and other funds, maybe federal…"
"No." Davis, W.: "…dollars or anything like that?"
"No. No. Whenever it says 'subject to appropriation', that was… that was the way the language is written, it's searching out, and I believe, if I remember correctly, there are like… our original analysis said how many Bills there were out there… 184 such programs out there right now that have been passed that would fall off the books under this legislation, that have been passed and not… not appropriated." Davis, W.: "Well, but that's… that's what I'm trying to be clear on, because while subject to appropriation generally refers to state funds, but if you have a fund that has the ability to receive federal and private dollars, does that register on the Comptroller's screen?" 09700032.doc 192 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Well, if… if it… if it is appropriated for, if it is appropriated for, then that would not… there would be no problem. If it was… if the language actually said 'subject to appropriation' and that appropriation has never come, yes, it would fall off, it would be just like the others. Now, very few… or make… maybe you could tell me the language of one of these Bills that the appropriation… if there is a federal pass-through or a federal program, odds are when we draft that language it's normally…" Davis, W.: "I'm not suggesting a pass-through or anything like… for instance, in the Capital Bill, that's under debate right now, in there is something called the, I believe, it's called the Illinois Fresh Food Fund…"
"Right." Davis, W.: "…which is a fund in the Treasurer's Office that could receive state dollars but it also could receive federal and private dollars to help for the purposes of what the fund was…"
"Give you another minute, Representative." Davis, W.: "Thank you very much. So, I'm just trying to see if this makes a distinction between those kinds of funds…"
"Yes… yes…" Davis, W.: "…where if it's…"
"…I believe it does. And here's the reason I believe it does because what you've just described is if a program has been… That is a fund, okay. That… that would be… what you're talking about there is already in the appropriation's process, we create a line item." Davis, W.: "Okay." 09700032.doc 193 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"And that line item is then funded through those programs. These… when we pass a Bill subject to appropriation… let me correct myself here. I don't believe that those would be included." Davis, W.: "You don't think so?"
"Nah, and let me find that out. Okay, no… they're saying no." Davis, W.: "They're saying no? So…"
"Because if it… because if it's federal… if it's federal, we're going to continue to receive the money and that's appropriated. Is that… maybe… maybe I'm not understanding your question." Davis, W.: "Well, maybe… maybe I'm confused, but I'm just thinking about… maybe I just don't quite understand what 'subject to appropriations' mean in that respect. But I'm just wondering if there is a fund that's created even though it may be subject to appropriation, but if it has the ability to take in additional funds, does it need appropriation authority to actually spend the dollars?"
"If… if we have a federal program that someone is going give us… if the feds are going to give us money for a specific… particular program, we can draft language to have that placed into… a fund that that can be placed into. I'm trying to…" Davis, W.: "But if it's different than a fund that you're… that's why I don't… if it has the ability to take in the dollars and you say any fund that is 'subject to appropriation', I'm just wondering does that make a 09700032.doc 194 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 distinction between state dollars versus any outside dollars that may come into it as well?"
"We… federal doll…" Davis, W.: "Is…is…"
"…from what I'm understanding and…" Davis, W.: "If you tell me it doesn't matter, then it doesn't matter."
"No, it doesn't matter because the thing is we don't make special… we don't do subject to appropriation if the Federal Government is already giving us those funds." Davis, W.: "Okay. Thank you."
"This language just says, if it says 'subject to appropriation', and if a seven-year time period it has not been appropriated, then that particular language is removed from the books." Davis, W.: "Okay. Thank you."
Speaker Lyons: "The Chair recognizes the Gentleman from McHenry, Representative Jack Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, you brought this to committee and I thought it was a good idea and I appreciate the fact that you put in the Amendment increasing it from four to seven years. And the reason we change that, as I recall, is because that way we wouldn't be held hostage to one gubernatorial term, but instead, it would increase it to two, correct?"
"That's correct." 09700032.doc 195 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"And we're not taking money away from any programs are we?"
"No."
"All we're doing is saying that if you haven't been funded for seven years that these line items would go away…"
"They go away."
"…and if we ever wanted to reinstate them, we could, but at least this way they would not be able to be played with by any clever Governor who might want to temporarily put things in certain line items then take them out and create a private slush fund."
"This… this would also be a very positive part of this particular legislation."
"Well, and… as we have seen in the previous administration when we had some audits in our State Government Administration Committee, we found that the previous administration had created slush funds from taking line items from unused programs, moving it over to another line item and then spending it on no-bid contracts."
"Correct."
"In some cases, companies that did not even exist got $35 million no-bid contracts by sweeping these line items. So, I think we'd be negligent if we did not close these line items that aren't being used, wouldn't you agree?"
"I would agree."
"But to the Bill. This is… when we have a $15 billion budget deficit and there are ways that we can take away line items so they can't be abused by someone who may not 09700032.doc 196 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 be on the same page as the General Assembly, we ought to do it. This is the year that we instituted the budgeting for outcomes, and we can thank Representative Sente for that. Because of the budgeting for outcomes, this Bill will work in conjunction with that to get rid of non-used line items. Everyone of us should vote 'yes' on this Bill."
"Representative Watson."
"Thank you, Mr. Speaker. To the Bill. Ladies and Gentlemen of the House, today was… was… we saw your Speaker… our Speaker and our Leader present legislation today to talk about handling the budget. I find… I'm really struggling to find that it's so hard to look at cutting pro… or not even cutting programs about… eliminating programs that haven't been funded for seven years. This is low-hanging fruit, folks. We've got a lot of work to do. Let's pick up the ball a little bit. Thank you."
"Representative Reboletti."
"Representative Bost, was there a reason for going from four years to seven years?"
"The reason was that the committee felt that it would be more appropriate for a Gov… for changing administrations that at least it would be there that they would know and they would have that opportunity to try to fulfill the funding of these. So, I agreed with them and decided to go from four to seven years."
"And what has the success rate been for some of these programs, you know, over the years where maybe in your three or four or six, all of a sudden, you know…" 09700032.doc 197 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"I'm… I have to believe… in my 17 years here, once something is passed with the title 'subject to appropriation', I've seen very few of them ever be funded, because as I said, and that's not a slap in the face of the Legislators who have passed it, because they passed it with good intent, but once it's passed, they've got their press pop, it's on the books, and unless somebody's really pushing to fund it, it doesn't happen and… and…"
"And I think it does a disservice if you're filing those Bills and there is no money, people think they're going to get money, you could always tell them, well you have six more years to wait, not it's five more years to wait. The reality is when you're broke, you shouldn't be filing Bills that are subject to appropriation anyway because we don't have the revenue to fill that right. That's why I've joined you, Representative, you look lonely up there."
"Thank you."
"So, thank you."
"Representative Bost to close."
"Thank you. Ladies and Gentlemen, I think it's been debated pretty clearly. I think it's just an opportunity to clear the books up, be sensible about what we do here. It's a seven-year process. I'd appreciate an 'aye' vote."
"The question is, 'Should House Bill 1157 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Brady, Gabel, Jackson, May, Stephens, like 09700032.doc 198 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 to be recorded? Mr. Clerk… Mr. Clerk, take the record. On this Bill, there are 99 Members voting 'yes', 15 Members voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Kelly Burke, on the Order of Third Readings you have House Bill 1670. Representative Burke, you ready? Mr. Clerk, read the Bill."
"House Bill 1670, a Bill for an Act concerning government. Third Reading."
Speaker Lyons: "The Lady from Cook, Representative Kelly Burke." Burke, K.: "…Speaker. House Bill 1670 adds a requirement to the Open Meetings Act, that requires all members of a public body to take the Attorney General's online Open Meetings Act training. And for people who are currently with… currently a member of a public body that's subject to the Open Meetings Act, they'd have a year to do that, and for people who are newly elected or appointed to a public body, they'd have six months from the time they're elected or appointed. I ask for a 'yes' vote on this."
"You've heard the Lady's explanation. Is there any discussion? The Chair recognizes the Gentleman… the Gentleman from Crawford, Representative Roger Eddy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." Burke, K.: "Yes."
"Representative Burke, I think as introduced this… had a pretty severe penalty for not training?" Burke, K.: "Yes." 09700032.doc 199 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"What was that penalty?" Burke, K.: "The penalty was that if you failed to do the training and failed to file the certificate with your Statement of Economic Interest, you would be ineligible to run for reelection to the office in which you were currently sitting. But that was amended and it now has no… there's no penalty provision within the Bill."
"So, if an individual who's elected to public office now does not receive this training, there is no penalty whatsoever?" Burke, K.: "That's correct."
"So, this is kind of an attempt to get them involved to the point where there is this requirement and then it's their honor to make sure they do it. Do they have to do anything as far as a record of their training?" Burke, K.: "When you take the… the Attorney General's training online, at the end there's a form you can… you enter your name and your office and then you print it out and you would file it with the Open Meetings Officer within your organization."
"With the Open Meetings Officer whoever the board had designated as that officer with that board?" Burke, K.: "That's correct."
"And the Attorney General's Office doesn't have any statutory obligation to track this, to enforce it, nothing?" Burke, K.: "None."
"Okay. And I know there's still opposition to this. I appreciate the fact that you've made it a lot less onerous 09700032.doc 200 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 and especially with that penalty. I think there's some concern that at some point or another, especially in rural communities, it's difficult, very difficult to get people to even serve on some of these boards, and we get to the point where we require of them this type of training and we may not have enough people interested." Burke, K.: "Well, the opposition primarily was from, I believe, some of the…"
"We'll give you another minute to finish the discussion. Go ahead, Representative, finish your answer." Burke, K.: "I believe that the initial opposition was from the county clerks and county assessors. And they were included in the original Bill, but as it's been amended, it only includes members of bodies. If you've taken the training, it takes about a half hour. It's not anything more rigorous than… it would take 45 minutes at top. And when people serve on a public body, they have a responsibility to inform themselves about what is the law that covers them, and I don't think that's a very… I don't think this particular requirement is all that terrible for them."
"Well, I appreciate that, but we'll see, because as I said, a half hour, 45 minutes for people who aren't compensated in any way, and sometimes it's difficult to get them to serve on these boards, you may not have a high rate of completion in some areas, but there is no penalty." Burke, K.: "And I'm sensitive to that…"
"Okay." 09700032.doc 201 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 Burke, K.: "…and also sensitive to people's perhaps lack of access to the Internet and that's why we amended it to include…"
"Without penalty." Burke, K.: "…no penalty."
"Okay. Thank you."
Speaker Lyons: "The Gentleman from Cook, Representative Zalewski."
"Thank you, Mr. Speaker. Will the Sponsor yield?" Burke, K.: "Yes."
"Sponsor yields."
"Representative, is a 'public body' that you're referring to in the Bill is that the same definition that's in the Open Meetings Act?" Burke, K.: "Yes."
"So, the concern I have with the Bill is that there are a lot of bodies that membership interchanges throughout the course of the year. People quit and then they rejoin or they go to this body and then they go to that body and they may not be aware of the training that they are required to have under the Bill. So, I'm wondering if there was ever any consideration of narrowing the definition of a 'public body' so that people know when they… if there's any length of tenure requirements so that we can be a little more concrete about who has to actually undergo the training?" Burke, K.: "Well, I think… two things. That… there… each body should have a person designated to be the FOIA person and Open Meeting's person, and that… that person should be 09700032.doc 202 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 telling these people and you need to do this training. There's also a six-month window that they need to complete it in, so if they're on the board for less than…"
"Okay. I didn't know that." Burke, K.: "…six months that…"
"It's good to know." Burke, K.: "And I just do want to stress that there is no penalties…"
"Sure." Burke, K.: "…to raise awareness and make people understand their obligations."
"The concern is that even if there's no penalty you have a lot on these boards. Sometimes opposition groups can come up and they could use that as a wedge to cause friction in the board. You didn't take the training, he did take the training, so that, you know, it could be… it could become cumbersome and impede the board from doing its work. So, that would be, even those there's no penalty, that would be the concern I would have. But I think this six-month window which I didn't see in the analysis is… is good to know. So, thank you very much."
Speaker Lyons: "The Gentleman from Jasper, Representative Reis."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, what types of… for those of us who are a little bit unfamiliar with the Open Meetings Act requirements, what boards would be included, school boards?" 09700032.doc 203 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 Burke, K.: "Yes, school boards."
"Township boards?" Burke, K.: "Township boards? I believe so, yes."
"Park districts?" Burke, K.: "Park districts."
"What's… what's your goal with this by having them take the mandatory training?" Burke, K.: "I believe that there are occasional lapses on boards when they do not act in compliance with the Open Meetings Act, and I believe most of those are inadvertent, people simply didn't understand that what they were doing was not something that was allowed under the Open Meetings Act. So, the goal is to have transparent government, have people acting within the law, and in the end to eliminate or reduce the instances where there are violations which can lead to legal costs and all sort of difficult things."
"Well, and that's why I bring up is, are these test results going to be subject to the FOIA Act?" Burke, K.: "It's… I…"
"Will someone be able to FOIA the local ethics officer…" Burke, K.: "It…"
"…or whatever you call them?" Burke, K.: "…it's not a result; it's just that you've completed the certain…"
"So, the res… the answers to the training, if you take it like… that we take the training, are those FOIAed." Burke, K.: "I believe what you will file with your… with your Open Meetings Act person is the certificate saying you've completed the online training. And that would be the 09700032.doc 204 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 record that is within your public body and that I would assume is FOIAable. That you've completed the training."
"And… to the Bill. My time's about running out here. I know you say that there's no penalty to this, but the penalty ultimately would be that that person did not conform to the Bill… the law, and that they could not run again. And in small rural areas with townships, library boards, park district's boards, sometime we beg people to join these… to run for office and serve on these boards, and to me, the ultimate test from the voter, if there's a lapse in this, if there's a continual lapse, is that they just don't elect them again. We got to give the voters credit for having some say in who they elect. And all these tests are great, but at the same time, if it's a deterrent from a liability standpoint, from a FOIA standpoint, from a noncompliance standpoint, that we are eliminating people from running for office, I think it's a real disservice for our small boards."
"Representative Burke to close." Burke, K.: "Representative, just to answer that quickly, perhaps I didn't make myself clear. That provision is not in the Bill any longer, the Amendment removed that provision. It's merely… there is no penalty, you're free to run…"
Speaker Lyons: "Close, Representative Burke, discussion's over." Burke, K.: "I urge a 'yes' vote on House Bill 1670."
"The question is, 'Should House Bill 1670 pass?' All those in favor signify by voting 'yes'; those opposed 09700032.doc 205 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? DeLuca, Osterman, Smith. Mr. Clerk, take the record. On this Bill, there are 67 'yeas', 48 'noes'. This Bill, having received the Constitutional Majority is here… hereby declared passed. Representative John Cavaletto, you have, on Third Reading, House Bill 3179. Read the Bill, Mr. Clerk."
"House Bill 3179, a Bill for an Act concerning education. Third Reading."
"Representative Cavaletto."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3179 provides that a chronic or a habitual truant shall be defined as a child who's subject to compulsory school attendance and who is absent without valid cause from such attendance for 5 percent or 9 days of the previous 180-day regular attendance. Currently, a child is defined as a truant if they miss 10 percent or 18 days or more of a 180 regular days of attendance without an excuse."
"You heard the Gentleman's explanation on House Bill 3179. Is there any discussion? The Chair recognizes the Gentleman from Cook, Representative Will Davis." Davis, W.: "Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." Davis, W.: "Representative, in your opening statement, you said if a child is absent. Is there a difference between absent and an excused absence?" 09700032.doc 206 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"It's a… I'm sorry, absent without a valid cause." Davis, W.: "Absent without cause?"
"Without valid cause." Davis, W.: "Without… so, so, excused absence doesn't qualify with this, correct?"
"Excused absence would qualify. Absence without valid cause would not." Davis, W.: "An absence without valid cause. Thank you very much."
"Representative Jack Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, is there a statewide standard for the definition of excused versus unexcused absence or is it something that is subjective based on whatever the school district wants to do?"
"I would say that the… It is based on each school district, yes."
"Yes. And that's… I'm concerned with that because let's assume you have a rural school district and you have a Muslim family that moves in from India or Pakistan, and they have a number of feast days or during the Feast of Ramadan, for instance, they might have to be at the mosque. And the mosque may not be anywhere near the district and that student has to travel, and this is 4 or 5 days due to the fact that they to go for religious reasons. There is no statewide standard that would allow that to be an excused absence. Isn't that correct?"
"Yes, that would be an excused absence." 09700032.doc 207 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Not necessarily, there is no statewide standard for that. I can tell you, in my family, my kids have been unexcused when we've gone for Jewish holidays."
"I know that there's… in the Catholic faith there has been excused absences for kids missing school."
"But it's not a standard."
"I said…"
"And my point… my point is, there is no uniformity with this. So, one school can make it excused and another may not. Wouldn't that… wouldn't you agree to that?"
"That's very true."
"Okay. Well, that's the problem."
"But… but let me say that, again, it would be up to that school if that's a valid cause of not going in."
"That's the problem though. We need a… we don't want a subjective standard, we want to have a uniform standard. So, if those same kids were at a different school district, those kids would not be deemed excused… unexcused, but those could be excused."
"Excuse me. All we're doing with this Bill, Representative, is changing the percentage of days absent."
"I understand, but that's… but I want to get to how we figure out whether they're excused…"
"Give you another minute to continue."
"I might need more then one minute. Now, right now, they can miss up to 18 days if you have 180 school days and they have 10 percent, then they would not be considered a chronic truant; however, you're trying to cut this in half, and that was where I was going because if there's not a… if 09700032.doc 208 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 there is a subjective and not a standard. So, for instance, those kids for religious reasons missed, and then assume that they want to go home to Pakistan or India to do some religious things for a wedding, and because they're going to miss 4 days over… or 3 days over Thanksgiving and their flight is late coming back for Thanksgiving, now they've missed 5 days and then they've missed the 4 days or 5 days for the religion, now at 10 days they're a chronic truant."
"Representative, I want to reiterate. It's a valid cause and I want to be able to go behind this Bill to try to keep the kids in school. Number 1, okay."
"We all… we all do."
"Let me finish, please."
"We all do. Is there any scientific evidence? What do other states do when they determine a chronic truant? Are they at 10 percent…"
"Representative, I gave you an extra minute on that. And Representative Mary Flowers, for what purpose do you seek recognition?"
"I would like to yield my time to Representative Franks."
"Representative Franks for two minutes."
"Thank you, Mary. What do the other states do? And I want to know how you came up with…"
"It varies; and there're… some are more, some are less."
"How did you come up with 5 percent because our analysis indicates…" 09700032.doc 209 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"This… this Bill… derived out of my county of judges, superintendents, principals, teachers, parents of the number of days that kids were a chronic truant from school. We… we feel that the purpose of this was to keep those kids in school and to catch them in 18 days would be a little too late. To catch them at 9 days might save a student and keep him in school and therefore graduate. So, that… that was the meaning of this Bill why we reduced it from 10 percent to 5 percent."
"Well…"
"Now you bring in these other aspects, I think all schools have their own days of attendance and absents listed. And if your school has a problem with that, then I… if I were you, I would go to that school and make myself known."
"But that's not you're doing. You're telling us we have to have statewide standard and then deal with every individual school district with your standard."
"No, Sir."
"That's exactly what he's doing."
"It has to… it has to do with we going from 10 percent to 5 percent in days… in chronic truancy."
"We all want to keep kids in school, but until we have a standard, what we need to do is change the School Code and talk to the State Board of Education, and why don't we have a uniform code so we'll know what's excused and what isn't. I don't want some kid to find out that it wasn't excused and now they're a chronic truant because they went home for some religious thing." 09700032.doc 210 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Again, this was debated in committee. We talked about it. I know of no opposition to this Bill."
"Well, why is the Chicago Public Schools against it?"
"Apparently there was no objection at that time."
"Well, our analysis indicates that the Chicago Public Schools is an opponent."
"So, you'd rather let your… you'd rather let the students be absent for 18 days…"
"No, no. What I want you to do is make a standard for the entire state through the State Board of Education so we'll all know that we're all on the same playing field. I don't care if it's 5 percent; I don't care if it's 10 percent. What I…"
"Representative, your time has expired, and you were given extra time. Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."
"Thank you, Mr. Speaker. To the Bill. Ladies and Gentlemen, I don't think I'll ever see the day when somebody stands up in the House Floor and tries to defend students being unexcused for school for a number of days over a local school board wanting them to be in school. There are not school districts in this state that arbitrarily set days and cause unexcused absence for students who are on religious holidays. That doesn't happen. And if you have proof that that happens, you come forward with those schools that are discriminating against those individuals for religious holidays. There is a standard in the School Code for unexcused absences. This Gentleman is bringing us a Bill today that says, don't wait 09700032.doc 211 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 'til it's too late to get those kids. We have truants in this state; we have kids that need help. After 9 days of unexcused absences in a school year, this Gentleman says we need to step in and do something with those kids. We don't want them out of school. We want them in school. Unexcused absence is being gone from school without a valid excuse. School districts are different. In some parts of the state they do allow certain days off. In our part of the state there may be a policy that allows them to have a unexcused… or an excused absence for a hunting day with their parents. The point is, that's local control. The Gentleman has brought us a Bill that's intended to save children from chronic truancy and going down the wrong path. All he's doing is taking the existing standard for excused and unexcused and saying if you're excus… unexcused from school after 9 days, they can be… they can be submitted for truancy services and we can go out and find out what the reason is. Those are unexcused absences. It doesn't… it doesn't do anything except us to intervene much sooner with kids who are obviously not in school for reasons other than excused absences and illnesses, and religious holidays or religious vacations or whatever it is that they are locally allowed to do. It's a good Bill. It's a good Bill for kids. I urge an 'aye' vote."
"The Chair recognizes the Gentleman from Lee, Representative Jerry Mitchell." Mitchell, J.: "Thank you, Mr. Speaker. Ladies and Gentlemen, I want to reiterate what the previous speaker just said, and the Gentleman that had a concern with this Bill, the 09700032.doc 212 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 problem with the argument was that you're arguing two totally different points. Now if you want to have a standard for what chronic truancy is, that's a different Bill. This Bill simply changes the standard that's already there. We're not arguing that. We're saying that we're going to catch truants sooner and give them the help they need so that don't become chronic truants. I don't know how anybody with a logical mind cannot see that this is a good way of making sure, especially, young kids in the elementary school stay in school, and that's where this will have the most emphasis is with the young kids that are still impressionable, still have a chance to turn around that truancy problem that they have. It's an excellent Bill. I also recommend an 'aye' vote. Thank you, Mr. Speaker."
"The Chair recognizes the Gentleman from Cook, Representative Keith Farnham."
"I'd like to yield my time to Representative Franks."
"Representative Franks for two minutes."
"Thank you. I think the question is, we all want to keep kids in school, but the question is, how we count. And now one of the previous speakers that talked about local control and some of the schools would let off someone to go hunting and not count that as an unexcused absence. Well, I can tell you, they're not going to give that off in Chicago, if you go to Chicago Public Schools. They're not going to say you can have the day off to go hunting. So what I'm saying is, if we're going to change the standard, and it might be a good idea to change the standard, but 09700032.doc 213 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 what we should be doing before we change the standard is know how we count the days the kids are missing. Because I don't want one kid to be declared a chronic truant because he's able to go hunting if he lives in McHenry County, but if he wanted to go hunting and he lived in Chicago, he would be coun… he would not be allowed to do that because he would be considered a chronic truant. I like the idea. This Bill though won't get us there and I think it will cause more confusion. What we ought to do is change the standard. I'd ask the Speaker… or the Sponsor to please move this back to Second, let's get a standard and let's do that, because without a standard our kids are going to be treated differently, and that's not what we want to do. We want to keep our kids in school, but we don't want to punish those kids based on where they live."
Speaker Lyons: "The Chair recognizes the Gentleman from Sangamon, Representative Raymond Poe."
"Mr. Speaker, I'd like to yield my time to Roger Eddy."
"Representative Eddy."
"Yeah, Mr. Speaker, I don't… I think this… we've worn this out, but it's really simple. If anyone wants to bring a Bill forward to change the statute regarding excused and unexcused absences and they want to try to impose a uniform standard on all schools, then file a Bill. File a Bill that does that. If you think every single school district in the state should have absences excused or unexcused based on a certain standard, file the Bill. That's not what this Bill is about. This Bill is about trying to intervene with students who aren't in school, earlier, and 09700032.doc 214 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 the Gentleman is saying, after 9 days, let's get in there. Let's get in there and work with these kids. Let's send someone out to find out why they're not in school. What is the unexcused absence about? This is pretty simple. If you have a problem with unexcused and excused absences and statewide standards, file a Bill, that's separate. If you want kids in school that are truant, look what we're doing with our truant alternative grant funding in this state. We don't have the money, we cut services and funding for truant students in this state the last several years. We're trying to reenroll dropouts in this state. Representative Mitchell passed great legislation, and we've got success stories. I was in Chicago last week for an approp hearing and there was a room full of kids who are successful because we intervene and we have these programs. This is a good Bill. This will help… this will help a lot of kids because we'll get to them sooner. And Representative, I respect the fact that you believe that there should be a statewide standard, I think we can debate that on another Bill, but on this one, if you think we ought to get the kids earlier and we ought to be able to try to keep them in school, vote 'yes'. It's a good Bill."
"Representative Brauer."
"Thank you, Mr. Speaker. If I could, this Bill is so simple, I'd like to yield my time to Representative Mitchell and let him explain it."
"Representative Mitchell. You have two minutes. Representative Soto will be the last speaker and then Representative Cavaletto to close. So…" 09700032.doc 215 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 Mitchell, J.: "Thank you, Mr. Speaker. Again, just one more time. The speaker that… that is concerned about this Bill, that point is well-taken, but it really is not a point in this Bill. His point… he emphasized exactly where we stand when he said that if a student from Chicago took a day off for hunting, it would not be excused, and that's the reason why local council… local control is so important. That's up to the local school district, but that's the other side of the coin. If we're going to count days, the local school district has to understand what it is and the students have to understand what they are. If they do, we don't have a problem with it. There doesn't need to be a standard to that, but that's a different Bill and a different argument. This Bill simply says, we want to change the standard that is and make it better. Now if you like that, vote for the Bill; if you don't want to change the standard that's already there, then vote 'no'. But for me, I think it's a great Bill. I'm voting 'yes'. Thank you, Mr. Speaker."
"Representative Soto will be our last speaker then Representative Cavaletto to close."
"Thank…"
"Representative Soto."
"Thank you, Mr. Speaker. To the Bill. I'm in support of this Bill because, you know what, in Illinois we have a high dropout in our communities, especially in minority communities. I think this is a very good Bill and I'm going to be supporting the Gentleman's Bill. Thank you. I urge an 'aye' vote." 09700032.doc 216 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"Representative John Cavaletto to close."
"Thank you very much. I just ask for an 'aye' vote. Thank you."
"The question is, 'Should House Bill 3179 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Colvin, Representative Lilly. Representative Colvin, Representative Lilly. Mr. Clerk, take the record. On this Bill, there's 108 'yeses', 6 'noes', 1 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Roger Eddy, we're going to put you to work on behalf of Representative Cross. We have House Bill 197. Read the Bill, Mr. Clerk."
"House Bill 197, a Bill for an Act concerning State Government."
"Representative Roger Eddy."
"Thank you, Mr. Speaker. Basically, this Bill, as amended, allows for the Illinois Commission on Fiscal Responsibility and Reform… the commission will look at fiscal issues in the state and issue a report to the General Assembly. And I would be happy to try to answer any questions about this. I'm happy that we continued ahead in this direction toward a more disciplined and fiscal approach to budgeting in this state. And again, I'll be happy to answer any questions on behalf of Leader Cross." 09700032.doc 217 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
Speaker Lyons: "Representative Jackson, your light was on. Representative Jackson. No, okay. Representative Jack Franks."
"I was so right on the last one, I figured I'd ask on this one. Now your Amendment, you were at 18 members and you decided to go to 22, correct?"
"Pardon me, Representative, I guess I didn't hear the question."
"Your… in your original Bill, the introduced Bill, you had 18 members and now with your Amendment you've increased it to 22?"
"Right."
"Okay. I just… I had to smile because this is on a commission on fiscal responsibility. Why do we want to have bigger government?"
"Well, I think the point is to provide the kind of input that we might need in order to head down the road to some… some additional fiscal responsibility, we added members that might help that commission perform its duties better. I understand what you're saying, but I think the work of this Body was such that those additional members were merited."
"Thank you."
"The Gentleman from Cook, Representative Lou Lang."
"Thank you. Will the Sponsor yield?"
"Sponsor yields."
"Is this your first Bill, Sir?"
"No, Sir." 09700032.doc 218 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"So, let me… do these Members get paid?"
"Representative, my understanding is that the commission does not… there's not compensation. In fact, it states on line 17 and 18 that the members shall serve without compensation."
"So, they don't even get expenses, gas money, mileage, hotel rooms."
"Representative, give me a second here… and…"
"I'll give you all the time you want, Sir."
"I appreciate that. I… Representative, there's nothing in the Bill to indicate that they would be reimbursed any expenses."
"Well, then I guess we have to assume they wouldn't be. You think you'll find 22 people willing to serve on this commission if they're not even getting paid gas mileage?"
"Yeah, I think so. I think because several of them are appointed Members of the House of Representatives that they will, as you would, perform your duties as an appointed elected public official without concern of a small remuneration that would provide our state with the kind of fiscal expertise necessary to head the ship in the right direction."
"I have no idea what you just said. Would you… would you agree though that if they end up getting paid for expenses the 22-member commission will cost more than an 18-member commission?"
"Representative, I think any time you multiply any amount times zero, it's still zero. I don't know, there are some 09700032.doc 219 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 math experts here. I could have Representative Fortner back me up on the math portion."
"This would seem to be something Mr. Biss and Mr. Fortner should be debating, correct?"
"Possibly, but I really do believe that a law of math that has to do with a multiplier by zero would result in zero dollars."
"Well, I don't think you answered my question though. If they decide to pay them for mileage, and if they have to rent places to have their meetings, you would agree with me that more people means more expenses, would you not?"
"If that were the case; however, the Bill's pretty clear that there isn't any remuneration even for expenses. So…"
"All right. Well…"
"…again, I would just go back to my original answer that whatever number…"
"So, then why not…"
"…you multiply by zero…"
"So, if it's free for all of these people, why not have a commission of 220 people?"
"Well, I think at some point or another, you've reached the point of diminishing return."
"I see."
"And I think we're getting there with your questioning."
"Well, do you know what that number is? Do you know where that number comes in, Sir?"
"No, again, I think the number was established because after the original commission was set up, there was a recognition that additional members might bring additional 09700032.doc 220 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 expertise to the commission. So, in an effort to make it even better, they added members."
"Well, I think you've answered all of my questions, not well, but I think you've answered all of my questions."
"Thank you."
Speaker Lyons: "The Chair recognizes the Gentleman from Vermilion, Representative Hays. Does not seek recognition. Representative Eddy to close."
"Thank you very much. Ladies and Gentlemen of the House, I appreciate the questions, not very much, but I do appreciate the questions by Representative Lang. And I would ask for an 'aye' vote."
"You heard the Gentleman's explanation. The question is, 'Should House Bill 197 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? Burns, Chapa LaVia, May. Mr. Clerk, take the record. On this Bill, there's 114 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Jackson, thanks for your patience. For what purpose do you seek recognition, Sir?"
"Mr. Speaker, I'd like to be recorded as voting 'yes' on 1157."
"The Journal will reflect your wishes. I'm going to be doing some moving of Bills from Second to Third Reading, and I'll be starting alphabetically. Representative Acevedo, on the Order of Second Reading, you 09700032.doc 221 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 have House Bill 2912. What's the status of that Bill, Mr. Clerk?"
"House Bill 2912 is on the Order of Second Reading."
"Read the Bill, Mr. Clerk."
"House Bill 2912, a Bill for an Act concerning vehicles. Second Reading of this House Bill. No Amendments. No Motions filed."
"Third Reading. Representative Beiser, you have House Bill 2860. Read the Bill, Mr. Clerk."
"House Bill 2860, a Bill for an Act concerning transportation. Second Reading. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Dan Biss, you have House Bill 3343. Read the Bill, Mr. Clerk."
"House Bill 3343, a Bill for an Act concerning government. Second Reading. Amendment #1 was tabled. Floor Amendment #2, offered by Representative Biss, has been approved for consideration."
"Representative Biss on Floor Amendment #2."
"Yes, thank you, Mr. Speaker. This Floor Amendment was discussed in committee. It narrows the scope of the Bill. It's… the Bill creates a new exempt category for the Freedom of Information Act, and it simply narrows that category from all participants in park district programs to nearly minors or other participants in programs that are targeted at minors to scale back the scope of the Bill."
Speaker Lyons: "You heard the Gentleman's discussion on Amendment #2. Is there any discussion? Seeing none, all 09700032.doc 222 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 those in favor of its adoption signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #2 is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Brown, you have House Bill 2048. Read the Bill, Mr. Clerk."
"House Bill 2048, a Bill for an Act concerning criminal law. Second Reading. No Amendments. No Motions filed."
"Out of the record. Take that Bill out of the record. Representative Cunningham, on the Order of House Bills-Second Reading, you have House Bill 1458. Read the Bill, Mr. Clerk."
"House Bill 1458, a Bill for an Act concerning State Government. Second Reading. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Barbara Flynn Currie, you have House Bill 1518. I've got 1518 on the Order of Second Reading. You want to move the Bill? All right. Well, I got to wait to do that Barbara, all right? We'll get back to you. Take that Bill out of the record. Representative Monique Davis. Is Monique Davis on the floor? Representative Roger Eddy, on the Order of Second Reading, you have House Bill 192. Out of the record. Representative Norine Hammond, you have House Bill 2095. Representative Hammond, House Bill 2095. You want to move that Bill to Third Reading? Read the Bill, Mr. Clerk." 09700032.doc 223 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"House Bill 2095, a Bill for an Act concerning veterans. Second Reading. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Sara Feigenholtz, on the Order of Second Readings, you have House Bill 3207. Read the Bill, Mr. Clerk."
"House Bill 3207, a Bill for an Act concerning public aid. Second Reading. No Amendments. No Motions filed."
"Third Reading. Representative Brown, are you ready on House Bill 2048? Read the Bill, Mr. Clerk."
"House Bill 2048, a Bill for an Act concerning criminal law. Second Reading. No Amendments. No Motions filed."
"Third Reading. Representative Robyn Gabel. Is Robyn on the floor? Representative Jehan Gordon, you have House Bill 3469. Read the Bill, Mr. Clerk."
"House Bill 3469, a Bill for an Act concerning regulation. Second Reading. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Hold that Bill on the Order of Second Reading. Representative Tom Holbrook, on the Order of Second Reading, you have House Bill 3425. You wish to move that Bill to Third, Tom? Read the Bill, Mr. Clerk."
"House Bill 3425, a Bill for an Act concerning local government. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed." 09700032.doc 224 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
Speaker Lyons: "Third Reading. Representative Michael McAuliffe, you have House Bill 3319. Out of the record. Representative Morrison, you have House Bill 3539? It's on Second Reading. You want to move it to Third? Out of the record. Representative Nybo, you have House Bill 1552. Out of the record. Representative JoAnn Osmond, you have House Bill 3012. You wish to move that Bill to Third Reading? Out of the record. Representative Naomi Jakobsson, you have House Bill 3047, Representative. Read the Bill, Mr. Clerk."
"House Bill 3047, a Bill for an Act concerning transportation. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Leader Lou Lang, you have House Bill 3107, Lou. Out of the record. Representative Michelle Mussman, House Bill 2891. You want to move that Bill to Third Reading, Representative? It's on Second Reading. Read the Bill, Mr. Clerk."
"House Bill 2891, a Bill for an Act concerning State Government. Second Reading of this House Bill. No Committee Amendments. However, a Floor Amendment has been referred to the Rules Committee. No Motions filed."
"Third Reading. Mr. Clerk, on House Bill 2891, repeat the status."
"A Floor Amendment has been referred to the Rules Committee."
"Okay. Move that Bill back to the Order of Second Reading. Representative Elaine Nekritz, you do have 09700032.doc 225 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 House Bill 1091. Out of the record. Representative Chapin Rose, for what purpose do you seek recognition, Sir?"
"Thank you, Mr. Speaker. Would you let the record reflect that on House Bill 3115 I intended to vote 'aye'?"
Speaker Lyons: "The Journal will reflect your intentions, Representative. Representative Sandy Pihos. Is Sandy on the floor? Representative Sandy Pihos, you have House Bill 3464. Do you wish to move that Bill to Third, Representative? Read the Bill, Mr. Clerk."
"House Bill 3464, a Bill for an Act concerning education has been read a second time, previously. Amendment #1 was tabled. Floor Amendment #2, offered by Representative Pihos, has been approved for consideration."
"Representative Pihos on Floor Amendment #2."
"Floor Amendment #2 was simply part of the State Board of Education cleanup language for duplicative language in the law. I'd be happy to answer any questions."
"You've heard the Lady's explanation on the Floor Amendment #2. Is there any discussion? Seeing none, all those in favor of its adoption signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #2 is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. Raymond Poe, you have House Bill 3332. Read the Bill, Mr. Clerk."
"House Bill 3332, a Bill for an Act concerning public employee benefits. Second Reading. Amendment #1 09700032.doc 226 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Randy Ramey. You moved on me, Representative, way in the back there. Now I see you, Representative, House Bill 3360. Read the Bill, Mr. Clerk."
"House Bill 3360, a Bill for an Act concerning State Government. Second Reading. No Amendments. No Motions filed."
"Third Reading. Representative Rosenthal, you have House Bill 3503. Out of the record. Representative Tim Schmitz, you have House Bill 3329. Second Reading. You want to move that Bill, Tim? 3329. Read the Bill, Mr. Clerk."
"House Bill 3329, a Bill for an Act concerning liquor. Second Reading of this House Bill. Floor Amendment #1, offered by Representative Schmitz has been approved for consideration."
"Representative Schmitz, on Floor Amendment #1."
"Thank you, Speaker. Floor Amendment 1 was agreed upon… ourselves in the committee and outlines the exact quantities that we discussed. And I would ask that we adopt it."
"You heard the Gentleman's explanation. Is there any discussion? Seeing none, all those in favor of the adoption of Floor Amendment #1 signify by saying 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Anything further, Mr. Clerk?" 09700032.doc 227 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"No further Amendments. No Motions filed."
"Third Reading. Representative Darlene Senger, you have House Bill 1056. Read the Bill, Mr. Clerk."
"House Bill 1056, a Bill for an Act concerning local government. Second Reading. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Sosnowski, you have House Bill 1628. Read the Bill, Mr. Clerk."
"House Bill 1628, a Bill for an Act concerning criminal law. Second Reading. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Michael Tryon, you have House Bill 309. Mike Tryon, you want to move that Bill? Mr. Tryon. Out of the record. Representative Unes, you have House Bill 3611. Out of the record. Representative Harry Osterman. Is Harry on the floor? Representative Danny Reitz, you have House Bill 1380. Out of the record. Representative Bob Rita, you have House Bill 1889 on the Order of Second Reading. Read the Bill, Mr. Clerk."
"House Bill 1889, a Bill for an Act concerning transportation has been read a second time, previously. Floor Amendment #1, offered by Representative Rita, has been approved for consideration."
"Representative Rita."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Amendment #1 becomes the Bill. It just made 09700032.doc 228 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 a technical change to exempt Winnebago County. And I ask for its adoption."
"You've heard the Gentleman's explanation on Floor Amendment #1. Is there any discussion? Seeing none, the question is, 'Should Floor Amendment #1 be adopted?' All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #1 is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Andre Thapedi, you have House Bill 2853. Read the Bill, Mr. Clerk."
"House Bill 2853, a Bill for an Act to revise a law by combing multiple enactments and making technical corrections. Second Reading. No Amendments. No Motions filed."
"Third Reading. Representative Arthur Turner, you have House Bill 414. Out of the record. Representative Currie, you have House Bill 1518 on the Order of Second Reading. Read the Bill, Mr. Clerk."
"House Bill 1518, a Bill for an Act concerning revenue. Second Reading. No Amendments. No Motions filed."
Speaker Lyons: "Third Reading. The Chair recognizes Representative Currie on a Motion."
"Thank you, Speaker. I move to suspend the posting requirements so that House Resolutions 311… I'm sorry, 211, 217, 223 and 183 may be heard in committees."
"Seeing no objection, the question is, all those in favor of the adoption of the suspended posting signify 09700032.doc 229 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Motion is passed… posting is suspended. Mr. Clerk, read the committee announcements for tomorrow morning. We don't… we don't have the list yet. We'll hold off on that request for committee announcements. Mr. Clerk, what's the status of House Bill 3238, 3238?"
Clerk Mahoney: "House Bill 3238's on the Order of Third Reading."
"Move that Bill back to the Order of Second Reading on request of the Sponsor. Mr. Clerk, the Agreed Resolutions."
"On the Order of Agreed Resolutions is House Resolution 220, offered by Representative Bost. House Resolution 221, offered by Representative Bost. House Resolution 222, offered by Representative Bost. And House Resolution 224, offered by Representative Bost. And House Resolution 225, offered by Representative Flowers."
"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. Ladies and Gentlemen, I'm going to… we're going to have the Clerk announce the afternoon schedules. And we're waiting for a printed copy of the meetings… committee meetings scheduled for tomorrow morning. So, Mr. Clerk, on the p.m. schedules for this afternoon."
"This afternoon's committee schedule. At 5 p.m., immediately following Session, Appropriation-Human 09700032.doc 230 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 Services will meet in Room 114. The Elections Campaign Reform Committee was canceled. The Elections & Campaign Reform was canceled. Also meeting at 5 p.m. is Health Care Availability & Access in Room D-1. The Judiciary-Civil Law Committee, Jud I, is meeting in C-1 at 5 p.m. At 5:30 p.m. this afternoon, meeting is Transportation, Regulation, Roads & Bridges in Room D-1. Health Care Licenses is meeting at 5:30 p.m. in Room 122B, and the Housing Committee is meeting in Room 115 at 5:30 p.m. today."
"Representative Chapa LaVia."
"Thank you, Speaker and Members of the General Assembly. I just want to make you aware of something. I had put in a House Resolution for today. Today was going to be… well is, from here out, calling March 30th will be the Welcome Home Vietnam Veterans Day. And it… it's an honor to be able to put the Resolution in, but it did not get submitted in time, so we were unable to run it today. But I just want everybody to thank… especially, we have a few veterans here that served in Vietnam, and give them a special… a heart well thank you for what they've done."
"Thank you, Representative Chapa LaVia. Mr. Clerk, Rules Report."
Clerk Mahoney: "Representative Barbara Flynn Currie, Chairperson from the Committee on Rules reports the following committee action taken on March 30, 2011: approved for floor consideration; Floor Amendment #2 to House Bill 78, Floor Amendment #3 to House Bill 1216, Floor Amendment #2 to House Bill 1287, Floor Amendment #5 to House Bill 1326, Floor Amendment #2 to House Bill 1415, 09700032.doc 231 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 Floor Amendment #1 to House Bill 1478, Floor Amendment #3 to House Bill 1530, Floor Amendment #2 to House Bill 1656, Floor Amendment #1 to House Bill 1908, Floor Amendment #2 to House Bill 2936, and Floor Amendment #3 to House Bill 2956."
"Mr. Clerk, I'll ask you at this time, now that we have the blue paper that's been circulated on the floor with the schedules, to please read the committee schedule for tomorrow morning, Thursday morning schedules. Mr. Clerk."
"The following committees with meet tomorrow morning. Additional committees are meeting after Session tomorrow, but these are the morning committees: 8 a.m., Appropriations-Elementary & Secondary Education will meet in Room 118. At 9 a.m., Human Services will meet in Room D-1. At 9 a.m., State Government Administration will meet in Room C-1. The Revenue & Finance Committee for tomorrow has been canceled. Revenue & Finance was canceled for tomorrow morning. And the Appropriations-General Services Committee will meet in Room 114. And at 9:30 a.m., Appropriations-Higher Education will meet in Room 114."
"And now, seeing no further business to come before the House, Representative Currie moves that the House stand adjourned to the hour of 10 a.m. on Thursday, March 31. For allowing perfunctory time for the Clerk, the House will stand adjourned. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And until 10:00 tomorrow morning, the House stands adjourned." 09700032.doc 232 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011
"House Perfunctory Session will come to order. Committee Reports. Representative Nekritz, Chairperson from the Committee on Judiciary I-Civil Law reports the following committee action taken on March 30, 2011: recommends be adopted is Floor Amendment #1 to House Bill 1589, Floor Amendment #3 to House Bill 1960, Floor Amendment #1 to House Bill 2362, and Floor Amendment #2 to House Bill 3294. Representative Beiser, Chairperson from the Committee on Transportation, Regulation, Roads & Bridges reports the following committee action taken on March 30, 2011: recommends be adopted is Floor Amendment #2 to House Bill 1593. Representative Reitz, Chairperson from the Committee on Health Care Licenses reports the following committee action taken on March 30, 2011: recommends be adopted is Floor Amendment #4 to House Bill 1494, and Floor Amendment #2 to House Bill 3090. Representative May, Chairperson from the Committee on Health Care Availability and Access reports the following committee action taken on March 30, 2011: recommends be adopted is Floor Amendment #2 to House Bill 223. Introduction and reading of Senate Bills-First Reading. Senate Bill 50, offered by Representative Lang, a Bill for an Act concerning liquor. Senate Bill 90, offered by Representative Franks, a Bill for an Act concerning transportation. Senate Bill 100, offered by Representative Holbrook, a Bill for an Act concerning safety. Senate Bill 145, offered by Representative Feigenholtz, a Bill for an Act concerning health facilities. Senate Bill 398, offered by Representative Greg Harris, a Bill for an Act concerning 09700032.doc 233 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 32nd Legislative Day 3/30/2011 revenue. Senate Bill 512, offered by Representative Madigan, a Bill for an Act concerning public employee benefits. And Senate Bill 1122, offered by Representative Franks, a Bill for an Act concerning human rights. There being no further business, the House Perfunctory Session will stand adjourned." 09700032.doc 234