"The House will be in order. Members will be in their chairs. We shall be led in prayer today by Pastor Shaun Lewis who's the Illinois State Director of Capitol Commission, serving the political leaders of Illinois. He's the guest of Representative Morrison. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and pagers and rise for the invocation and Pledge of Allegiance. Pastor Lewis."
"Please bow with me in prayer. Father in heaven, though You are not seen, You speak and have spoken to us through Your word and Your word tells us in Proverbs 2:6 for the Lord gives wisdom, from His mouth come knowledge and understanding. And as much is considered today, may our lawmakers look to You for the understanding to rightly apply knowledge and make wise decisions. May they look to You for salvation, if they have not done so and may they do what is good and pleasing in Your sight. Thank You for their work. Thank You for the things they do on behalf of all 13 million residents of the state. Many come here today with personal burdens and are exhausted and a solid week of session and its other responsibilities can be grueling. I pray that You would uphold each one here. Give them strength and clarity of thought. Protect their families as they are away and comfort them while they serve. In Jesus' name we pray, Amen."
Speaker Lang: "We will be led in the Pledge today by Representative Sente."
"I pledge allegiance to the flag of the United States of America and to the republic for which it stands, 09700041.doc 1 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 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."
"As it should be. Representative Bost."
"Thank you, Mr. Speaker. Let the record reflect that Representative Mulligan, Jerry Mitchell and Beaubien are excused on the Republican side of the aisle today."
"Mr. Clerk, please take the record. 115 Members being present, the House does have a quorum. Mr. Clerk, committee announcements."
Clerk Bolin: "Committee Reports. Representative Will Davis, Chairperson from the Committee on Mass Transit reports the following committee action taken on April 11, 2011: recommends be adopted Floor Amendment #1 to House Bill 3597. Representative Beiser, Chairperson from the Committee on Transportation: Regulation, Roads & Bridges reports the following committee action taken on April 12, 2011: recommends be adopted to House Joint Resolution 25 and House Resolution 154. Representative Dugan, Chairperson from the Committee on Agriculture & Conservation reports the following committee action taken on April 12, 2011: recommends be adopted Floor Amendment #2 to House Bill 2804. Representative Howard, Chairperson from the Committee on Human Services reports the following committee action taken on April 12, 2011: recommends be adopted House Resolution 251 and Floor Amendment #3 to House Bill 1470. 09700041.doc 2 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 Representative Dugan, Chairperson from the Committee on State Government Administration reports the following committee action taken on April 12, 2011: recommends be adopted Floor Amendment #2 to House Bill 1964, Floor Amendment #1 to House Bill 2259, House Resolution 230 and House Resolution 236; and do pass Short Debate for House Bill 3205. Representative May, Chairperson from the Committee on Environmental Health reports the following committee action taken on April 12, 2011: recommends be adopted Floor Amendment #2 to House Bill 2903. Representative Rita, Chairperson from the Committee on Business & Occupational Licenses reports the following committee action taken on April 12, 2011: recommends be adopted Floor Amendment #1 to House Bill 711 and Floor Amendment #2 to House Bill 2956. Representative Reitz, Chairperson from the Committee on Health Care Licenses reports the following committee action taken on April 12, 2011: recommends be adopted Floor Amendment #1 to House Bill 308 and Floor Amendment #1 to House Bill 705. Representative Bradley, Chairperson from the Committee on Labor reports the following committee action taken on April 12, 2011: recommends be adopted Floor Amendment #2 to House Bill 1041. Introduction of Resolutions. House Resolution 265, offered by Representative Bost. And House Joint Resolution 28, offered by Representative Colvin."
"Attention, Members. With regard to Amendments, Members should plan on getting their substantive Amendments filed by Wednesday, April 13, which is tomorrow at 12 noon; your technical Amendments by Thursday, April 14 at 12 noon. 09700041.doc 3 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 Please work on your Amendments, Members, to make sure you get them finalized in time so you can have your Bills passed before the deadline on Friday. Mr. Clerk, House Resolution 93, Representative Brauer. Mr. Brauer."
"Thank you, Mr. Speaker. Can I have the Resolution read first before I speak?"
"Mr. Clerk."
"House Resolution 93, offered by Representative Brauer. WHEREAS, The members of the Illinois House of Representatives are pleased to congratulate the members of the Rochester Rockets varsity football team on the occasion of winning the IHSA Class 4A State Football Tournament; and WHEREAS, Ably led by senior running back Colten Glazebrook, the Rochester Rockets defeated the Rock Island Alleman Pioneers 24-7 to claim victory at the IHSA Class 4A State Football Tournament; the team ended their season with a phenomenal 14-0 record; and WHEREAS, The members of the Rochester Rockets are John Perry, Blake Gand, Traves Everly, Dakota Greer, Jesse Wooden, Kyle Lewis, CJ Baker, Wes Lunt, Zachary Grant, Austin Green, Joey Coffey, Blake Lutzow, Jon Gilson, Jesse Heissinger, Blake Pasley, Gabe Ferguson, Garret Dooley, Colten Glazebrook, Drake Leeper, Brendan Bunch, Steven Hart, Riley McMinn, Robbie Kelly, Colton Piper, Denny Ferguson, James Pearce, Trevor Cordery, Seth Cronin, Luke Fraker, Dylan Handlin, Joe Roach, Cody Sands, Jeremy Pope, Kyle Kremitzki, Chase Walker, Dan Blissett, Connor Drendel, Matt Donelan, Evan McMinn, Ben Johnson, Selby Barron, Lucas 09700041.doc 4 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 Hendren, Charlie Scribner, David Huston, Auston Staton, Josh Neff, Ian Sullivan, Kaleb Heppe, Drew Szabados, Michael Guinan, Brett Geever, Kyle Lomprez, Jarod Altadonna, David Molohon, Aaron O'Dell, Tommy Johnson, Ryan Broglin, Michael Gunter, Sean Hickey, Alex Staton, Mark Thompson, Taylor Hill, Conner Ward, David Gunter, Jeff Bolt, Dan Camp, and Stephen Vlach; the team's head coach is Derek Leonard and the assistant coaches are Brad Alewelt, JC Clarke, Brad Leonard, Derrick Nelson, Troy Piper, Jim Smith, and Eric Warren; and WHEREAS, The members of the Rochester Rockets serve as models of hard work, integrity, and dedication for the people of the State of Illinois; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the members of the Rochester Rockets varsity football team on their victory and wish them continued success and happiness in the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to Rochester Rockets head coach Derek Leonard as a symbol of our esteem and respect."
"Mr. Brauer."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I am honored today to have the Rochester High School Football Team here at the Capitol. They were the IHSA Class 4 State Champions. They ended their season with an extraordinary 14 and 0 season and defeated Rock Island Alleman Pioneers 24 to 7 for the State Championship. The 09700041.doc 5 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 team was coached by Coach Derek Leonard, assistant coaches: Brad Alewelt, J.C. Clarke, Brad Leonard, Derrick Nelson, Troy Piper, Jim Smith and Eric Warren. Ladies and Gentlemen, to watch a team like this play was pure enjoyment because they were not only coached very well, you could see the spirit in this team. Please welcome to the Capitol today on an extraordinary season. Thank you."
"Congratulations, Rochester. Mr. Brauer moves for the adoption of the Resolution. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. On the Order of House Bills-Third Reading, page 19 of the Calendar, there appears House Bill 326, Representative Will Davis. Please read the Bill."
Clerk Bolin: "House Bill 326, a Bill of an Act making appropriations. Third Reading of this House Bill."
"Mr. Davis." Davis, W.: "Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. This particular Bill, as we discussed in our Education Committee, we are trying to start to move some of the financial issues forward in our Appropriations Committee. So, this represents federal funds and other state funds. So, this is… this Bill is to appropriate the dollars or at least to have the appropriations process move forward to appropriate the dollars for these funds. So, this is not GRF dollars. We are still in the process of making those types of determinations. I'll be more than happy to answer any questions." 09700041.doc 6 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"The Gentleman moves for the passage of the Bill. And on that question, the Chair recognizes Representative Eddy."
"Thank you. Would the Sponsor yield?"
"Gentleman yields."
"Representative Davis, just want to make sure that as this is the first Bill, the Body's focus, that this is not general revenue? That…" Davis, W.: "That is correct."
"Okay. And… and we've had discussions related to, at least beginning this process, agreeing to certain appropriation Bills, moving them through so that we can get to, I guess, what I might call the… the heavier lifting?" Davis, W.: "Absolutely."
"'Cause we still have work to do. We… we still have a limited amount of general revenue and there are difficult decisions that have to be made, but we do know that in order to flow through the federal dollars that we receive in education, we have to have a vehicle, an appropriations Bill to do that." Davis, W.: "Yes, we do, Sir."
"That's all this is. And I'm sure there'll be additional Bills coming out of committee that will be, maybe, a little more difficult. But this one is one that we all agreed to and I urge an 'aye' vote." Davis, W.: "Yes, Sir."
"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? Arroyo. 09700041.doc 7 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 Mr. Arroyo. Please take the record. On this question, there are 115 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Mr. Hays."
"Thank you, Mr. Speaker. I would like to welcome, in the gallery to my right, a group of seventh graders from Prairieview-Ogden Junior High School in Champaign County, Mrs. Marron and her seventh graders. Welcome to Springfield."
"Welcome to Springfield. Members, the next Bill on the Calendar is on page 22. Under the Order of House Bills-Third Reading there appears House Bill 2109, Representative Crespo. Is Mr. Crespo in the chamber? House Bill 2109. Please read the Bill, Mr. Clerk."
"House Bill 2109, a Bill for an Act concerning appropriations. Third Reading of this House Bill."
"Mr. Crespo."
"Thank you, Speaker, Members of the House. This Bill's similar to the one before. Basically, authorizes appropriations for the agencies and general services. They are not funded by GRF. Funding comes from fees that are collected for a specific purpose for federal funds that are past due, directly to the agencies. The agencies, for the record, are: the Financial & Professional Regulations, Drycleaner Response Trust Council, Racing Board, Gaming Board, Property Tax Appeal Board, Insurance, Supreme Court, Historic Preservation Commission and the Environmental Protection Agency." 09700041.doc 8 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"The Gentleman moves for the passage of the Bill. And on that question, the Chair recognizes Representative Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields."
"Representative, this Bill… I'm… I'm trying to figure how you came up with the numbers that are in this Bill. In… in FY11, according to our analysis, there was $87,852,500 appropriated, but in FY12, there's an increase to 92,200,000, correct?"
"Correct."
"How did we increase the size of the budget? Why are we spending more money?"
"Well, some of these, for example, the Department of Insurance have new responsibilities that they have to account for that were not there last year. So, some of these agencies, because of that, had to come in a little bit higher than they did last fiscal year."
"Has this been vetted through the Appropriation Committee?"
"Yes, they have."
"And which Appropriation Committee was it?"
"General Services."
"I'm sorry?"
"General Services."
"How many Bills will General Services be coming up with? Is this the only Bill that you're going to be having?" 09700041.doc 9 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Oh, no. This… this is just the agencies, Representative, that don't receive any general revenue funds. We still have a list of all the Constitutional Officers from the Governor's Office all the way down to Comptroller, IDNR, the Department of Agriculture. So, we have agencies that actually rely on GRF funding."
"Now, were you allotted, in your committee, a… a dollar certain amount to spend?"
"Yes, we were."
"And does this fall within those parameters?"
"Yes, it does."
"So, might there be some cuts in the other Bills that you're bringing towards us?"
"I can guarantee you there will be."
"Okay. Thank you."
"David Harris." Harris, D.: "Thank you, Mr. Speaker. Question of the Sponsor."
"Gentleman yields." Harris, D.: "Thank you. Representative, this does not involve GRF, correct?"
"Correct." Harris, D.: "So, it… it wouldn't be necessary to have any cuts later, and wasn’t your appropriation amount limited to GRF?"
"Yes." Harris, D.: "Okay. So… so, basically, we're not dealing with GRF here, which is… which I understand. So, it's a non-GRF appropriations. I do have one question, though. The… the issue came up in committee. The Property Tax Appeals Board 09700041.doc 10 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 has an increase in this budget of 33 percent. Is that correct?"
"Correct." Harris, D.: "And that's about a million dollars?"
"That's about right. Yes." Harris, D.: "Of non-GRF and that non-GRF money comes from where?"
"It comes from the personal property replacement tax." Harris, D.: "So, we're taking money away from the personal property replacement tax, which is… do they have any limit, at all, as to how much they can take from the personal property replacement tax?"
"One second. My understanding, Representative, PTAB uses was available to them. In terms of your question, Sir, a cap as to how much they can use. I would imagine that whatever funds are available in the personal property replacement tax, they can avail themselves to that." Harris, D.: "Right. And… and I understand, and I understand that this is non-GRF and… and all the others seem to make pretty good sense. My concern here, just to make the Body aware and… and to the Bill. Just to make the Body aware, the ability to draw on the personal property replacement tax fund means that the dollars that are available for distribution to municipalities around our state is lowered. So, the more we draw down the personal property replacement tax, for some of these other funding mechanisms, that means that the… the share that goes to municipalities is reduced. That's something, I think, over the long-term, we need to be aware of, because the municipalities, indeed, I think, 09700041.doc 11 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 have a stronger draw on that, which is why it was basically set up. The fund was basically set up as a personal property replacement tax and should be featured on… focused on the municipalities rather than some of these others. Thank you very much."
"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? Chapa LaVia, Ramey, Unes. Please take the record. On this question, 108 voting 'yes', 7 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Hammond."
"Thank you, Mr. Speaker. If I may, I would like to introduce, on the Republican side of the gallery, joining my husband are Angela and Caleb Markey from Macomb and students at Western Illinois University."
"Welcome to Springfield. And the next Bill is House Bill 2167 on the Order of Third Reading, Representative Arroyo. Please read the Bill."
"House Bill 2167, a Bill for an Act concerning appropriations. Third Reading of this House Bill."
"Mr. Arroyo."
"Thank you, Mr. Speaker, Members of the… Members of the House. House Bill 2167 it also doesn't include any GRF funding, but this includes Capital Development Board, Illinois Power Agency, Law Enforcement Training Standard, McPier Fair Exposition, Office of the State Fire Marshal, and Workmen's Compensation. I also want to thank David Reis 09700041.doc 12 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 and my Vice Chair Greg Harris for the hard work that they put together to be able to put this Bill on the floor. Thank you, Mr. Speaker."
"The Gentleman moves for the passage of the Bill. And on this question, the Chair recognizes Mr. Franks."
"Mr. Speaker, the House Democratic analysis at least on my machine is not working on this. I don't know if there's a problem. I wonder if the speaker could take the… the Sponsor could take it out of the record for a few minutes, so our analysis can catch up? I just don't know the numbers and how they work on this Bill. Or maybe it's just my machine."
"Mr. Arroyo, why don't we take the Bill out of the record briefly…"
"No… but Jack…"
"…and get a copy of the analysis to Mr. Franks." Franks" "Thank you."
"You're welcome."
"I appreciate it."
"Mr. Clerk, Rules Report."
Clerk Bolin: "Representative Currie, Chairperson from the Committee on Rules reports the following committee action taken on April 12, 2011: recommends be adopted Floor Amendment #5 to House Bill 1195, Floor Amendment #4 to House Bill 1218, Floor Amendment #2 to House Bill 1600, Floor Amendment #1 to House Bill 2193, Floor Amendment #4 for House Bill 3005 and Floor Amendment #1 to House Bill 3223." 09700041.doc 13 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Page 10 of the Calendar, under the Order of House Bills-Second Reading, there appears House Bill 1810, Representative Yarbrough. Mr. Clerk, please read the Bill."
"House Bill 1810, a Bill for an Act concerning civil law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. On the Order of House Bills- Second Reading, page 14 of the Calendar, there appears House Bill 3005, Representative Zalewski. Please read the Bill."
"House Bill 3005, a Bill for an Act concerning parentage. Second Reading of this House Bill. Amendment #1 was tabled. Amendment #2 has been adopted. Amendment #3 was tabled. And Floor Amendment #4 has been referred to the Rules Committee. No Motions have been filed."
"Do you wish to move this to Third, Sir? Mr. Zalewski."
"Mr. Speaker, House Amendment #4 becomes the Bill. It's the Amendment that I wish… do I have to move to adopt the Amendment? House Amendment… Floor Amendment #4?"
"The Amendment is not here yet, Sir."
"Okay."
"So, let's hold the Bill on Second Reading."
"Hold it then. Thank you, Mr…"
"On the Order of Supplemental Calendar #1, under the Order of House Bills-Second Reading, there appears House Bill 3205, Representative Verschoore. Please read the Bill." 09700041.doc 14 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"House Bill 3205, a Bill for an Act concerning State Government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
Speaker Lang: "Third Reading. Under House… Supplemental Calendar #1, under the Order of Resolutions, there appears House Resolution 251, Representative Bellock. Representative Bellock on House Resolution 251."
"Thank you very much, Mr. Speaker. And what House Resolution 251 does is to designate April 14, 2011 as Autism Lobby Day in the State of Illinois. And I want to thank everybody for your support on this issue in the last six years. I feel that we have raised the awareness of autism in the State of Illinois. And now we know the numbers are even lower, it's 1 out of every 10 children who'll have autism or be on the autism spectrum. So, I want to thank all of you and Autism Day is April 14. So, hundreds of families will be down here joining us. I appreciate your support. Thank you."
"Lady moves for the adoption of the Resolution. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. Returning to Mr. Arroyo on House Bill 2167. The Bill has already been read for a third time and was taken out of the record. Mr. Arroyo, you want to briefly tell us what… again, what this Bill is?"
"Thank you, Mr. Speaker, Members of the committee… Members of the House. This… 2167 doesn't have no GRF. This 09700041.doc 15 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 is appropriated at the Governor's introduced level. I urge an 'aye' vote."
"Mr. Franks."
"First of all, I'd like to thank the Sponsor for taking the Bill out of the record. I very much appreciate it, but I'd like to ask a question if I could, as well. I see that the Bill that you're asking us to vote on is the Governor's introduced levels for appropriation for the Capital Development Board, the Illinois Power Agency, the Fire Marshal, and Workers' Compensation. Correct?"
"Yes. We haven't had a meeting with the Workmen's Compensation yet, Jack, but we will on the 27."
"I'm wondering, why are we running it at the Governor's introduced levels when we know that the Governor's estimated revenue is over a billion dollars higher than what we had voted on here in the House?"
"Well, we're… we're going to… we're going to push… try to push this Bill out, 'cause we don't have no control out of the GRFs. They don't have no GRF, Jack. We're trying to get out the easier Bills so we could do the heavy lifting on the other Bills where we have GRF and we can make cuts."
"Well, my concern, Representative, is, for instance, I see the Capital Development Board. The Governor is requesting almost an 18.2 percent change in their budget, as an increase. Do you know why the Governor's requesting that type of an increase?"
"No, I'm not… I'm not sure."
"And that concerns me because I think that the Governor's increases are nonsustainable. And I… I hate… and 09700041.doc 16 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 then I… I see, for instance, the Illinois Power Agency. He wants to increase their spending by 12 percent. Do you have any reason… do you have any idea why he wants to do that?"
"I would have to get back to you with that, Jack."
"Okay. Well, I understand what you're trying to do. I know you're in a tough position. But I just can't, in good conscience, vote for this 'cause I don't understand the Governor's increases on these… on these agencies. But I appreciate what you're trying to do."
"Thank you."
"Mr. Reis."
"Thank you, Mr. Speaker and Members of the House. To the Gentleman who spoke previously questions. The Capital Development Board has asked for more money because of the flow through that comes through and the amount of projects that they're doing on the Capital Bill. 'Cause we all know that that's getting implemented in a… in a much broader sense this year and for next year. So, they're going to need more staff and more people to go over the grants and applications and also, to follow up on the ones that have already been re… awarded. They have to send in paperwork each year telling him how the progress is coming along and if certain thresholds are being met. So, that's why they asked for more money. It is not coming from GRF. When you look at the total asking dollar amount for this Bill, just these six agencies, it's $40 million less than last year. So, while some agencies did see an increase, overall, it's $40 million less. And I would encourage everyone to… to vote this out. The tough decisions are going to be made on 09700041.doc 17 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 the remaining 24 agen… or 20 agencies that we'll bring before you later."
"The Gentleman moves for the passage of the Bill. Those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Vote your switches, Members. Mr. Morthland. Please take the record. On this question, 111 voting 'yes', 4 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1908, Mr. Bradley. Please read the Bill."
"House Bill 1908, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Mr. Bradley."
"Thank you, Mr. Speaker. This is an initiative of the Attorney General's Office. It would limit the ability of people that are on parole for meth violations from being able to get pseudoephedrine. I know of no objection to the Bill."
"The Gentleman moves for the passage of the Bill. There being no debate, those in favor will 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 Osterman. Please take the record. On this question, there are 115 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2557, Mr. Bost. Please read the Bill."
"House Bill 2557, a Bill for an Act concerning local government. Third Reading of this House Bill." 09700041.doc 18 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Mr. Bost."
"Thank you, Mr. Speaker. This Bill, after being amended, is now in the proper way. It simply allows a county that has went to a unit form of road districts to convert back to the multiple districts. Be glad to answer any questions."
"The Gentleman moves 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? Please take the record. On this question, there are 115 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 264, Mr. Bradley. Is Mr. Bradley in the chamber? Out of the record. House Bill 3175, Mr. Brauer. Please read the Bill."
"House Bill 3175, a Bill for an Act concerning finance. Third Reading of this House Bill."
"Mr. Brauer."
"Mr. Tur… or Mr. Speaker, I want to hold this Bill for a little bit. I'm going to review the transcripts from the committee. I made a comment about being held on Second and I want to be sure that that is interpreted right. So, I'm waiting for that transcripts and we'll run it as soon as I find out the exact wording. Thank you."
"The Gentleman asks that the Bill be taken out of the record. House Bill 3264, Representative Jakobsson. Please read the Bill."
"House Bill 3264, a Bill for an Act concerning safety. Third Reading of this House Bill." 09700041.doc 19 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Representative Jakobsson."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3264 amends the Illinois Groundwater Protection Act. It provides that within 60 days after receiving a notice from EPA that violate… that… no… volatile organic compounds have been detected in excess of specified standards, the Department of Natural Resources must post a notice that identifies the contaminants of concern, post these on its Internet website. I urge an 'aye' vote."
"Lady moves for the passage of the Bill. There being no debate until now. And the Chair recognizes Representative Eddy."
"Thank you, Mr. Speaker. I apologize. I had a cramp in my finger and I… it took me a while. Would the Sponsor yield?"
"Lady yields, Sir."
"Representative, what's the basic purpose behind this. It requires a posting of certain information on the Internet?"
"Yes."
"How… and it's regarding contaminants. Do you… will people… How will they know it's there?"
"I can't exactly answer that question, Representative. I'm just assuming that the Department of Natural Resources will also post on their Internet. And this is something maybe I need to talk to them about, that this information will be available when it's necessary."
"What… what does the Department of Natural Resources or EPA have they weighed in on this?" 09700041.doc 20 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"I haven't gotten any opposition from either one of them."
"Okay. Well, I would just, as this moves forward, there's nothing in here that appears to require any notification other than something being put up on an Internet site that no one would know whether or not they need to check. And I don't know what the purpose is behind it, but certainly as it moves forward. Is this… is this for just municipalities or is this for residential? Will someone's residence be listed on an Internet site somewhere?"
"This has to do with groundwater quality standards or the Safe Drinking Water Act."
"Well, who does that cover? Units of local government only or does it require that if a private well contains contaminants that that information be listed by residents?"
"Design… this… it amends the Bill that is designed to inform the owner of any private water system, semiprivate water system or noncommunity public water system within an area potentially affected by the identified contamination."
"What are the… what are the organic compounds that would be listed? If a private… First of all, you're saying that a private individual's well water, if someone has contaminants, that their… that's going to be listed on a website."
"According to this Bill."
"Okay. What organic compounds will be listed?" 09700041.doc 21 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Just a moment. Representative, there are already some notice requirements and this just adds an additional requirement."
"Okay. So, the individuals who have contaminants are notified, others are notified and now, you want to post on a website the address and the residence of private well owners, what contaminants they have in their private well water supplies?"
"This information is already there. It's just adding one more place for information to being posted."
"Okay. Representative, I'm not sure what the purpose is, if there's… The people who are notified that it matters to are already notified, the individuals, and the government units. I'm not sure what the purpose of displaying this on a website is except for private individual properties to be listed, for what purpose? They already know."
"It's just adding to the transparency. It just makes sure that it's included on the website."
"Representative, I appreciate that. I'm just… again, I don't understand the purpose for it. This is an additional listing that could include private property of individuals who have already been notified. I'd be real careful with this. I'm not sure that…"
"This information is already publicly available."
"But it's not on the Internet. It's not posted for public…"
"It's just adding one more piece of transparency to our law."
"Thank you, Representative." 09700041.doc 22 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
Speaker Lang: "This Bill's on the Order of Short Debate. However, since I did not announce that, previously, there's one additional speaker and that's Mr. Tryon."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Lady yields."
"Representative Jakobsson, right now, currently, all of the test results from municipal water supplies that are regulated by IEPA are on the Internet. The results can be found on a page called Water Watch. And IDPH which regulates noncommunity, nontransient water supplies which are supplies that have 25 or more persons using them that are municipal supplies. I don't know if they have a website. We do not regulate the testing of private water wells for individual homes. We don't have any testing requirements that require them to have VOCs or any kind of organic compounds analyzed in them. So, my question is, is this just for nontransient, noncommunity water supplies and is it for municipal water supplies?"
"This changes none of the requirements. It just adds one more posting."
"What is that?"
"Posting it on the Department of Natural Resources Internet… website."
"Why would you put it on the Department of Natural Resources? They don't regulate water wells. I mean, that… that water wells are regulated either by Illinois Department of Public Health or they're regulated by the IEPA." 09700041.doc 23 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"It's just making it part of the Groundwater Protection Act."
"Well, the Groundwater Protection Act is administered by the IEPA and they maintain a website called Water Watch that has all of the municipal water supplies and their test results listed on it."
"Well, because water is a natural resource. This just makes another place for citizens to go to because some citizens might think they should go to the Natural Resources Department."
"Well, right now, laboratory uploads all the results to a specifically written program of any… any test results that they get they upload to the EPA website. I could see if you had the EPA say they had to transfer it to IDPH or to IDNR, but if IDNR doesn't regulate these water supplies why would we be making that happen? I mean, that would just be an additional cost to… to cities and villages."
"This doesn't change the regulations at all, Representative."
"But it would be additional cost to the cities and villages."
"There's no additional cost. This is just putting it on the Department of Natural Resources website."
"Well, who's going to… who's going to put it on there?"
"I didn't hear your question."
"Who would put it on? Who would be responsible for putting it on?"
"EPA sends the information to Natural Resources." 09700041.doc 24 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Mr. Tryon, can you bring your remarks to a close, Sir?"
"Well, I don't understand why we need an additional state agency. I think that IDNR could easily put a link to the IEPA's Water Watch website. If this Bill was about requiring the same type of transparency for noncommunity, nontransient water supplies, I would say I could… I would support this, but I still don't have in my mind exactly why or what we are trying to accomplish here. And with that, I think I'm a 'no' vote unless you want to pull this out of the record 'til we can get our hands around what's happening here. So, otherwise I…"
"Representative Jakobsson to close."
"…I would urge a 'no'…"
"Thank you, Mr. Speaker. This simply adds one more place where it will be posted. It does not change the testing or the results but just adds transparency so that people who believe that the Department of Natural Resources might have something to do with water. And that's where they look… they can find this information. I urge 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? Record yourselves, Members. Have all voted who wish? Mr. Mathias. Please take the record. On this question, there are 63 voting 'yes' and 52 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 186, Mr. Durkin. Please read the Bill." 09700041.doc 25 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"House Bill 186, a Bill for an Act concerning courts. Third Reading of this House Bill."
"Mr. Durkin."
"Thank you, Mr. Speaker. This Bill is… deals with the rights of foster parents. This is based on a situation I dealt with over the past year. And what it basically does is states that a foster parent is, under this statute… under the juvenile court statute, will be allowed intervener status in which they will be able to opine, give information in what they believe are the best interests of a child when it comes to placement situations. I'll stand for any questions."
"The Gentleman moves for the passage of the Bill. And on that question, the Chair recognizes Representative Leitch."
"Yes. Representative, the child care people in my area are very strongly opposed to this and they're concerned about the rights of the foster parent intervening in some way. What is the… what's the origin of this Bill?"
"I'll try to give you a brief analysis today. I can take about an hour. I have a constituent who has been, I would say, is the champion of foster parents. He's taken in 10 foster children. I keep hoping… Over the last 10 years…"
"Mr. Speaker, I can't hear the Gentleman."
"To make a long story short, David, the constituent that should be considered the champion of foster parents, has brought in 10 foster children over the past 12 years, high risk children. They had a young child this past year who was removed from their custody without notice. The 09700041.doc 26 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 child was… the placement of the child was left to the discretion of the juvenile court. They… he is an attorney, very familiar with the rules and regulations. He sought intervention to intervene by discretion on two different times before the juvenile court. It's discretionary right now. He was denied. The whole point of this is is that if there is a placement decision that's going to be made for a child who's in foster care, the foster family, if they choose to participate at the placement hearing, they should have a right to be able to present evidence or their thoughts on what is the best interest of the child since they are the ones who are caring for that child day in and day out for a significant period of time. I understand the opposition. The opposition, quite frankly, is satisfied with the status quo. I don't believe that the status quo works. What this says is that more information, I believe, is better for the court to make a decision on what is the best interest of the child. And in this case, the foster family would like to at least have their position be heard by the court. This is a work in progress. I've tried to work with DCFS and all the other groups, but basically their style of negotiation is basically take our… either… take our language or we're not going to support the Bill. So, they're not really negotiating in good faith. I'm willing to work on this Bill and to try to find a, you know, a common ground, but we're not getting there. But this is… I think it's an overreach for some of these groups who are opposing this to state that… to take the position that less information is better. This is… all it is, is 09700041.doc 27 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 saying if the foster family chooses to petition to this juvenile court, then they have an automatic right to be heard as a party."
"Thank you."
"The Gentleman moves for the passage of the Bill. There being no further 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? Record yourself, Members. Representative Will Davis, Dunkin. Mr. Davis. Please take the record. On this question, there are 99 voting 'yes', 13 voting 'no' and 3 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1715, Mr. Durkin. Out of the record. House Bill 3040, Mr. McGuire. Mr. McGuire. Please read the Bill."
"House Bill 3040, a Bill for an Act concerning education. Third Reading of this House Bill."
"Mr. McGuire."
"Thank you… excuse me… thank you, Mr. Speaker. House Bill 3040… excuse me… the purpose of this Bill is to make sure that firefighters, police officers and other first responders have the most updated floor plans available to them when they respond to an emergency. Under this Bill, school districts would have to provide updated floor plans at their annual safety review meeting with emergency responders… excuse me… and update the floor plans if any changes are made before the next annual meeting. There's currently no opposition to this Bill. And I would certainly appreciate your support. Thank you." 09700041.doc 28 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"The Gentleman moves 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? Representative Nekritz. Please take the record. On this question, there are 115 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1716, Mr. Durkin. Out of the record. Mr. Durkin, House Bill 1716. Out of the record. House Bill 2582, Mr. Durkin. Please… please read the Bill, Mr. Clerk."
"House Bill 2582, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Mr. Durkin."
"Thank you, Mr. Speaker. This is a Bill which addresses the issue of notification for individuals who have been determined not guilty by reason of insanity in criminal courts. We found out through, basically, through some expose's that individuals who have been sentenced to the Department of Mental Health or DHS a number of them have been released on certain types of privileges by the Circuit Court. And under the law, right now, the only time families or victims receive notification of a change in status is when they are completely discharged from the auspices of the Department of Human Services. So, this Bill is an agreed upon Bill with the Department of Human Services which expands the notification process when the situation comes about when the Circuit Court does grant a conditional release of an individual into the community or makes a 09700041.doc 29 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 change in their placement status. I would ask for an 'aye' vote or I will take any questions."
"The Gentleman moves for the passage of the Bill. And 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? Jones, McCarthy, Osmond, Sommer. McCarthy, Osmond, Sommer. Please take the record. On this question, there are 115 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1091, Representative Nekritz. Is Representative Nekritz in the chamber? Out of the record. House Bill 1380, Mr. Reitz. Please read the Bill."
"House Bill 1380, a Bill for an Act concerning health facilities. Third Reading of this House Bill."
"Mr. Reitz."
"Thank you, Mr. Speaker. House Bill 1380 amends the Nursing Home Act. It allows the Department of Public Health to establish a surveyor training unit. And it will be funded by the long-term care monitor receiver fund. Be happy to answer any questions."
"The Gentleman moves 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? Cross, Reitz, Schmitz. Mr. Cross, Mr. Schmitz. Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, 09700041.doc 30 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 is hereby declared passed. House Bill 2585, Mr. Kay. Please read the Bill."
"House Bill 2585, a Bill for an Act concerning corrections. Third Reading of this House Bill."
"Mr. Kay."
"Thank you, Mr. Speaker and Members of the House. This Bill deals with child pornography and indeed the crime of violence against a child. It enacts a Class X felony for any people who are in possession of child pornography as is depicted under the law and shall be sentenced between 9 and 40 years as opposed to a lesser sentence. And I ask for an 'aye' vote."
"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? Have all voted who wish? Crespo, Dugan. Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1398, Mr. Moffitt. Please read the Bill."
"House Bill 1398, a Bill for an Act concerning safety. Third Reading of this House Bill."
"Mr. Moffitt."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1398 is legislation brought to me by my home county State's Attorney John Pepmeyer and a Galesburg fire inspector Mike Whitson. This is in response to a hotel fire in Galesburg on June 12, 2009 that caused a fatality. 09700041.doc 31 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 During the postfire inspection, they determined that the hotel had smoke detectors but they were inoperable. As the state's attorney looked at it and what charges could be brought against the owner, he found that there was no violation. All they were required to do was have smoke detectors. This would say they also have to be operable. And it's the language that has been developed with the committee's help and I appreciate the committee's help and my state's attorney. I believe it will improve public safety and it is supported by the Knox County state's attorney, the State Fire Marshal and the Illinois Fire Chief's Association. Would be happy to entertain any questions you might have."
"The Gentleman 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? Mr. Reis, Mr. Saviano. Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3403, Mr. Rita. Please read the Bill."
"House Bill 3403, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Mr. Rita."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. 3403 is a Bill from the Auto Manufacturers Association. And what it basically does is allow for 09700041.doc 32 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 SplitView technology in vehicles. I'd be happy to answer any questions."
"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? Mr. Saviano, Representative Sente. Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2249, Representative Osmond. Please read the Bill."
"House Bill 2249, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Representative Osmond."
"Thank you, Mr. Speaker. House Bill 2249, as amended, is a proactive approach to educating individuals with diabetes to manage their condition and live a healthier lifestyle. Be happy to answer any questions."
"The Lady moves for the passage of the Bill. The Bill's on Short Debate. The Chair recognizes Representative Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Lady yields."
"Representative, could you be a little bit more descriptive on what this Bill actually does?"
"It allows education for those who are dealing with diabetes. And one of the things is that the hemoglobin A1C test can be administered. And this test is a simple blood test that can be done in just a short visit to the doctor's 09700041.doc 33 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 office or a laboratory. The test is used to measure the amount of glycated hemoglobin in the bloodstream and tracks blood glucose levels over a period of time."
"Does this Bill require testing of the hemoglobin on a certain timeframe?"
"No."
"So, what does it do?"
"It's just setting it up, so that it can be more proactive toward educating those who have diabetes. It just basically teaches them how to be able to work with this disease."
"So, it'd be through the Illinois Insurance Code. Would we be requiring the insurance agents to educate people on this? I'm just not sure where the education component is."
"There is one… one already exists and we're just updating it."
"There's one what already existing? Is this the…"
"There's already a mandated diabetes in the law."
"All right. So, what we're requiring the content of the self-management training programs…"
"Yes."
"…that they also include glycated hemoglobin education?"
"Yes."
"Okay. That's… I wasn't sure what it…"
"I know."
"…when you… That's what I needed to know. 'Cause we've been going pretty fast and I'm having… honestly, I'm having 09700041.doc 34 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 trouble reading the entire analysis before we are even voting on some of these Bills."
"I'm carrying the Bill and I have trouble with it."
"All right. Thank you. I just wanted to make sure we knew what we did. So, thank you, Representative."
"Mr. Tryon, I see your light on, but this Bill's on the Order of Short Debate. Do you have something so critical that we can't do without it? 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? Chapa LaVia, Dugan. Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Pritchard."
"Thank you, Mr. Chair. A personal privilege."
"State your point, Sir."
"In the gallery behind us is about 50 individuals from DeKalb County who are here to study government and see us on our best behavior. So, would you please welcome seventh and eighth graders from DeKalb County and the DeKalb County Farm Bureau."
"Welcome to Springfield. The next Bill on the Calendar is House Bill 991, Representative Sente. Please read the Bill."
"House Bill 991, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"Representative Sente." 09700041.doc 35 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Thank you, Speaker. House Bill 991 is an initiative that allows a homeowner to request of their association the ability to purchase and install three types of environmental systems including wind collection, rain collection and composting. The HOA has to review the request within 120 days and provide a reply. I worked closely with Julie Sullivan of the Illinois Realtors Association and they are good with Amendment 3. Note: the HOA can deny the request if they wish. If they allow any of these three systems, they would then adopt an energy policy statement that identifies the location, design and architectural requirements of those systems. Happy to take questions."
"The Lady moves 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. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1589, Mr. Pritchard. Please read the Bill."
"House Bill 1589, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"Mr. Pritchard."
"Thank you. Ladies and Gentlemen of the House, this is an initiative of the Department of Defense, which is trying to expand existing law to address modifications of custody and visitation solely in the context where a parent 09700041.doc 36 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 is being deployed on active military status. I'd be happy to answer any questions."
"The Gentleman moves for the passage of the Bill. And the Chair recognizes Representative Franks. This Bill is on the Order of Short Debate, Mr. Franks."
"Thank you. I'd like a little bit more clarification on what the Bill does because I see a proponent is the Illinois Veterans of Foreign Wars. I'm not sure what that has to do with the Illinois Marriage and Dissolution of Marriage Act. Can you tell us specifically what this Bill does?"
"So, this Bill deals with those parents who are being deployed and it does a number of things. It expedites hearings for custody, it allows for substitute visitation, it deals with reinstatement of rights on a temporary basis once the service person has returned and it preserves judicial discretion and supervision to ensure that any accommodation for a deployed parent is in the best interest of the child."
"Thank you. I appreciate that explanation. And I 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? Record yourselves, Members. Have all voted who wish? Mr. Burns, Mr. Fortner. Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1962, Dan Burke. Please read the Bill. Mr. Burke." 09700041.doc 37 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"House Bill 1962, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Mr. Burke."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This matter just simply provides that the Metropolitan Water Reclamation District would be able to advertise opportunities for employment on their website. It's a very simple Bill. I think in this day of electronic media, and certainly we're all familiar with e-mail and the Internet, I think this is a very appropriate Bill for the time that it's being presented. And I'd ask for your favorable consideration and certainly would be available for questions."
"The Gentleman moves for the passage of the Bill. And on that question, the Chair recognizes Representative Eddy."
"Thank you. Would the Sponsor yield?"
"The Gentleman yields. This Bill is on the Order of Short Debate."
"Thank you, Mr. Speaker. Representative, has the Press Association made any position known on this?"
"Yes. They would be opposed. I have had discussions with them and asked for them to continue speaking with Water Reclamation. They have had discussions and Water Reclamation is still interested in pursuing the passage of this Bill."
"Okay. And basically the Bill does not withhold the information. It provides it in a different way and you're using the Internet?" 09700041.doc 38 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"That is correct."
"And…"
"So, there's nothing in this language that would preclude the Water Reclamation District from advertising in any local newspaper or whatever publication that they had previously advertised in. But this is an extra feature, an extra opportunity for Water Reclamation to indeed communicate their job openings to the general public."
"And there's a… there's a potential savings to the district, the Reclamation District?"
"Yes. As a matter of fact, there'd be some significant savings offered to that district."
"Abut 50 thousand a year, annually?"
"Yes."
"Okay. Well, thank you, Representative. I wanted to make sure that we checked on the newspapers, the Press Association. Obviously, their concern is monetary."
"That is what my belief is."
"But you're doing what you can to make sure that the information is still transparent to the public. Thank you."
"Yes, Sir."
"Majority Leader Currie."
"Thank you, Speaker. I rise in reluctant opposition to the Bill. The Press Association is indeed very strenuously opposed and they were of the view that there were negotiations about changes in publication requirements not just for the Water Reclamation District but for units of local government. Those discussions have not resulted in a negotiated agreement of any kind. And they are very 09700041.doc 39 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 concerned that under this Bill the Water Reclamation District would not do any advertising of job positions or of potential contracts in any newspaper because they would have another, much cheaper alternative. It isn't just a question of saving the Water Reclamation District money. It's also a question of how do people out there in the real world know if there are job openings? Today there is a significant digital divide in which people in low-income minority communities have much less access to the Web, to the Internet, than do people in more affluent circumstances. So, I would be very concerned that information about job openings, possibly information about opportunities to have contracts with the district would be much less accessible to people, for example, on the southwest side of Chicago, Englewood, places like that. I think it's premature, in other words, for us to say we're not going to advertise in these local newspapers that circulate within local communities where people are accustomed to finding out this information. I know the district and the Sponsor are extremely well-intentioned, but I think this move is premature and I think that it runs the risk of keeping solid important economic information from people who might need it the most. I urge a 'no' vote."
"The Bill will be removed from Short Debate. Mr. Colvin."
"Thank you, Mr. Speaker. Will the Sponsor yield for a question?"
"Gentleman yields." 09700041.doc 40 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Representative Burke, just so that I'm sure that I understand what you're saying here is that under the provision of this Bill there would be a requirement… there would no longer be a requirement for the Water Reclamation District to post job openings, contract biddings, in local newspapers. Is that correct?"
"Yes, Sir. And there would be no requirement and certainly no preclusion for them. It…"
"So…"
"…using that opportunity."
"But under the law, if this Bill were to pass into law, under the law they could choose not to advertise in local newspapers. Do I understand that right?"
"You got that right."
"Okay. Well, thank you, Representative Burke and to the Bill. I, like the Representative Burke, have sponsored several pieces of legislation for the Reclamation District and really appreciate the hard work and the job they do. Reluctantly, I have to stand in opposition to this Bill. I think… Representative Currie spoke to the issue of accessibility to the Internet and I think it's clear that, given the huge digital divide that seems to exist, and while technology moves… is moving at a rapid pace and more and more information is becoming more and more available online and through computers, technology and I would suggest that the human condition doesn't move at the lightning speed of technology. There are still plenty of people, while they even may have access to computers, they still use local newspapers and these notifications out of 09700041.doc 41 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 no more than being creatures of habit to access this kind of information when it comes to looking for jobs or bidding opportunities to create parity in employment and in contracting opportunities particularly with units of government. Right here, in the General Assembly today, today, there are no less than a dozen Bills… no less than a dozen Bills that are… that individuals are trying to codify into law that local known as local newspapers print these notices. There're with… So, in other words, while there are dozens of Bills that, over the years I've been here, where we have codified into law where newspapers should print these notices I don't think that we're in a position right now to take a step backwards and say that, in this particular instance, the Water Reclamation District doesn't have to print their jobs notices, doesn't have to print contracting notices. In speaking to the issue of local newspapers and local interests, there are hundreds if not thousands of people all across our state who may not even choose to read or go on to the computer, as I said before, to find this kind of information out. They're just so used to going to their local newspapers to look for these kinds of notices. And keeping the viability of local newspapers across this state are so important with respect to information that goes on in your particular community and they can only continue to provide that kind of information if they have the revenue stream to make sure they can continue to print the kind of information that you may not get in the widely distributed newspapers but may be specific to your neighborhood. And to do that and to 09700041.doc 42 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 underwrite that service, they depend on these type of revenue streams. So, while I would ask everyone here to keep in mind that we're going to be asked to vote on in every year at least a dozen Bills that require newspaper notification that we don't carve out some exemption and ask someone to go backwards with respect to notification. So, I'd appreciate a 'no' vote on House Bill 1962. Thank you, Mr. Speaker."
"Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields." Davis, M.: "Representative, do you think this legislation adds to or takes away from transparency in government?"
"Well, Representative, I would imagine if this were not 2011 and the access to the Internet being what it is, maybe there would be some validity to the arguments that I've just heard, but again we are in a society that communicates on a routine basis through the use of the Internet and I would suggest to you that all of the previous requirements are going to continue with regard to physical posting, bulletin boards, trade journals. This is just an opportunity for the District predominately to save $50 thousand. It does not preclude them from doing anything, but it gives them an extra opportunity to communicate with a community that I would submit to this Body…" Davis, M.: "To the Bill, Mr. Speaker. To the Bill. I realize what the Sponsor wants to accomplish, but I also realize that there are a number of people in the State of Illinois, in the City of Chicago, in different communities, who do 09700041.doc 43 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 not have, do not own and do not have access to computers. Many of us are fighting the digital divide. We're trying to get a lot of computers, technology funding, in order to remove this unability for people to access the Internet. Now, I believe the Sponsor, as Leader Currie stated, has good intentions, but on this issue, Dr. Dan Burke, I think you are misguided. I do not believe that the people in the State of Illinois want to say to us the only place you can get information for employment from the Water Reclamation District is on the Internet. They should continue to advertise in the newspaper, not just on a website. You would be surprised at the number of young people, the number of older people, who do not have access to computers. People who are seeking employment, they may go to a library, the library has four or five computers and only two are working, so they can't get this information. We, in the State of Illinois, have stated that we want to be as transparent as possible. We don't want contract information or Web information just hidden for a select few. I would urge a 'no' vote with all due respect to Dr. Dan Burke. Thank you."
"There have already been three Members speaking in opposition. Mr. Franks, are you speaking for or against the Bill, Sir? Mr. Burke to close."
"Thank you, Mr. Speaker. I can certainly understand the arguments that have been proposed here, but again, this is 2011. We have an opportunity to communicate to our citizens, to our constituents, to the general public through the use of an Internet provider. I would have to 09700041.doc 44 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 submit, if people are going to be presenting themselves for consideration for a position at any entity they would be, at this day and age, if they are of the age to start employment with a particular entity, we're not talking about hiring seniors here, we are not talking about a community that is unable to have access to the Internet. We are simply saying that there are more economic opportunities for a governmental entity to provide their postings and their listings for employment opportunities through the use of the Internet and I might submit to you as well, that Representative Mautino has a Bill that goes much further than just the Water Reclamation District. He would talk about any governmental entity that wants to use the Internet for publication of their employment opportunities and I certainly would be one that would support that initiative as well. I would ask you, again, consider the fact that this is the age of electronic communication and it does not preclude the opportunity for any entity in particular in this instance the Water Reclamation District from not using the printed media. This is just another opportunity and as we all understand in this unfortunate economic time every government is challenged for resources. This is an additional $50 thousand that might be applied to something that would benefit a constituency, a community, our State of Illinois. And I would certainly ask you to be very considerate with this and vote positively."
"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? 09700041.doc 45 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 Have all voted who wish? Record yourselves, Members. Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 17 voting 'yes', 95 voting 'no', and 1 voting 'present'. And this Bill, having received the Consti… Sorry. And this Bill is declared lost. House Bill 2556, Mr. Sosnowski. Please read the Bill."
"House Bill 2556, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Mr. Sosnowski."
"Thank you very much, Mr. Speaker. This is a… has come from a request of the county of Winnebago. This is not a new fee. There is currently a prosecution fee that is on the books right now that counties currently transfer two minutes of penalties that are prosecuting their own tickets. That is only in the cases of guilty after having gone through the trial process. This would simply allow counties to transfer that $25 fee to the municipalities who are prosecuting in the cases of pleas or in the cases of supervision. I'd ask for an 'aye' vote on this matter."
"The Gentleman moves for the passage of the Bill. And on this question, the Chair recognizes Representative Franks. This Bill is on the Order of Short Debate. You have two minutes, Sir."
"Thank you. You're saying that this is not a new fee, but it would allow the fee that's being collected to be transferred to the municipality?"
"Correct. Currently, for example, on a $300 courtroom conviction, that fee doesn't… or that fine would not change for the person being convicted. It would still 09700041.doc 46 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 be a $300 fee or fine. It simply allows the county though to pass that $25 prosecution fee to the municipality to cover some of their costs which, of course, it obviously doesn't cover all of their costs."
"Are the counties okay with this?"
"Yes. I know of no opposition to this and the Illinois Municipal League is supportive of this."
"Well, I appreciate how you describe it 'cause there is no new cost. It's just putting the money where it should follow who's actually spending the money."
"Correct. And I'd like to add it actually is the choice of the municipality to prosecute their own tickets."
"Right."
"They could refer to the county to do so which one municipality in my area, Rockford, has done already. It'll simply allows the county to prosecute tickets for them. There is no transfer of that prosecution fee."
"Okay. Thank you."
"Sure."
"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? David Harris. Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3597, Mr. Burns. Please read the Bill. Mr. Burns, I'm told you have an Amendment. The Bill's on Third. Do you want to move it back to Second, Sir?"
"Yes, Mr… Yes, Speaker. I'd like to amend the Bill." 09700041.doc 47 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Mr. Clerk, please move the Bill back to Second Reading at the request of the Sponsor and reread the Bill."
"House Bill 3597. a Bill for an Act concerning local government. The Bill was read for a second time on a previous day. No Committee Amendments. Floor Amendment #1, offered by Representative Burns, has been approved for consideration."
"Mr. Burns."
"Thank you, Speaker. Floor Amendment #1 becomes the Bill. And what Floor Amendment #1 is is an agreement between the service boards, CTA, Metra, Pace and the RTA on creating a universal fare card which will allow people to transfer seamlessly between the three different service boards by 2015. There's also language in here on a study on defibrillators and Wi-Fi on fixed trains in the region. I know of no opposition. And I'd seek its adoption."
"The Gentleman moves for the adoption of the Amendment. 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."
"Third Reading. Please read the Bill for a third time."
"House Bill 3597, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Members, you all heard the explanation of the Bill. 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? Mr. Holbrook, Mr. 09700041.doc 48 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 McCarthy. Mr. Holbrook. Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Mr. Franks."
"Speaker, a point of personal privilege. I appreciate your efficiency, but my light was on and I had questions. I wanted to ask the Sponsor some questions. And I understand we want to move Bills quickly, but I also think that we ought to be able to discuss some of the policies here. And I… we didn't get a chance to talk about this Bill. And I waited… I didn't ask the questions during the Amendment time. I was waiting to talk when the Bill came up for a vote. My light was on. There was never a chance for a debate on this Bill. I intended on voting for it, but I think it's important that we allow debate on this. What I would have said if I would have had the opportunity is that I agree with what the Sponsor's doing, but I'm very concerned that we have to continue to micromanage these… this agency. And we've talked about this on the House Floor a number of times about combining the RTA with the other… with the other transit boards. And I think this is a very important issue that we need to discuss. We talk here as well about the fact that there's going to be wireless Internet on Metra as long as they can provide it at no cost. I'm not sure what that means. And I would have liked to have explored that as well. So, I'd ask the… I would ask the Speaker to be cognizant of that and in the… to be efficient yet to still allow us some debate." 09700041.doc 49 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Mr. Franks, I appreciate your comment and I might have been slightly quick on the trigger, but your light was not on when I started to take the vote, Sir. I did see your light on quickly after that, but I will try to slow down. Mr. Stephens."
"Thank you, Mr. Speaker. A point of order. I wonder if Mr. Franks would like to visit with Mr. Tryon, together they can consult on floor behavior."
"House Bill 3096, Mr. Tryon. Please read the Bill."
"House Bill 3096, a Bill for an Act concerning elections. Third Reading of this House Bill."
"Mr. Tryon."
"Thank you, Mr. Speaker and Members of the House. This Bill gives school boards the same ability to have advisory referendum as we give townships, counties and cities. And in this time where we… many of our school districts are faced with closing schools and tough financial conditions, like a school district that I have in Cary, they would like the ability to go to the voters to have an advisory referendum. We amended this Bill so that it took out the ability to have an advisory referendum in a consolidated election cycle where there may not be any other issue on the ballot. And several school districts are in support of this along with the Cook County Clerks. I'd be glad to answer any questions."
"The Gentleman has moved for the passage of the Bill. There being no debate, those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who 09700041.doc 50 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 wish? Have all voted who wish? Have all voted who wish? Burns, Currie. Please take the record. On this question, there are 112 voting 'yes', 1 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 159, Representative Monique Davis. Please read the Bill."
"House Bill 159, a Bill for an Act concerning regulation. Third Reading."
"Representative Davis." Davis, M.: "Thank you, Mr. Speaker. House Bill 159 is a Bill that's agreed to by the Currency Exchange Association and the Department of Financial Administration. And what the Bill does is it states that over a period of a few years, the fees that the industry pays to the department will gradually increase because currently the amount that they pay only supports half of the agency's ability to do its work. It's agreed by the department and also the insurance industry. And I would just ask for an 'aye' vote."
"The Lady moves for the passage of the Bill. And on that question, the Chair recognizes Representative Eddy. This Bill is on the Order of Short Debate."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Lady yields."
"Representative Davis, what are the fee increases in the Bill?" Davis, M.: "The fee increases they're graduated, you know what, right now I'm looking for them. I really don't see them. They started off with going to 1500, but that was reduced." 09700041.doc 51 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"So, in the original Bill the top fee was 1500 and I think…" Davis, M.: "And it's reduced much, much lower than that."
"I think our analysis shows that the top fee increase in… as it progresses is 500 now. Does that sound right?" Davis, M.: "That's probably correct."
"Okay. Okay. And you say with that the opposition has been removed from the Bill?" Davis, M.: "That is correct."
"Okay. And I think the small loan association is neutral and others now support the Amendment." Davis, M.: "That is correct."
"Okay. Thank you, Representative." Davis, M.: "Thank you, Representative."
"Lady has moved for the passage of the Bill. 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? Record yourself, Members. Harris, Pritchard, Rose, Sacia, Sullivan. Record yourselves. Mr. Pritchard. Please take the record. On this question, there are 71 voting 'yes', 42 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative May."
"Thank you, Speaker, Ladies and Gentlemen. A point of personal privilege. I would like to welcome to Springfield, standing up right here to my left, Elliot Richardson and seven members of the Small Business Advisory Council in the northern suburbs. They are here advocating for my health insurance co-op Bill among other Bills that are good for 09700041.doc 52 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 small businesses in our state. I'd like to welcome them and encourage them to further stay involved in government to help our small businesses. Thank you."
"Welcome to Springfield. House Bill 3422, Mr. Brown. Mr. Brown, 3422. Out of the record. 3489, Mr. Cavaletto. Please read the Bill."
"House Bill 3489, a Bill for an Act concerning education. Third Reading of this House Bill."
"Mr. Cavaletto."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3489 what it does is it amends the School Code, allows instead of requires a school board should adopt the substitute teacher authorization program for substitute teachers who do not hold a valid teaching certificate. The Amendment becomes the Bill. I would ask for an 'aye' vote."
"The Gentleman moves 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. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 3371, Mr. Fortner. Please read the Bill."
"House Bill 3371, a Bill for an Act concerning safety. Third Reading."
"Mr. Fortner."
"Thank you, Speaker, Members of the House. House Bill 3371 amends the Act that we passed last year regarding 09700041.doc 53 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 clean construction debris, the CCDD Bill. And what this does is it clarifies for material coming out of a right-of- way that whether or not it would be considered commercial or industrial or noncommercial or industrial is based on prior use and adjacent properties. Happy to answer any questions."
"The Gentleman has 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? Please take the record. On this question, 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3499, David Harris. Is Mr. Harris in the chamber? Out of the record. House Bill 1267, Representative Flowers. Please read the Bill."
"House Bill 1267, a Bill for an Act concerning insurance. Third Reading."
"Representative Flowers."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 1267 amends the Health Insurance Act. And it provides that health insurance and managed care plans that provide coverage for prescription drugs must provide coverage for reimbursement for medically appropriate prescription nutritional supplements when ordered by a physician licensed to practice medicine in all its branches and the insured suffered from a condition that prevents him or her from taking sufficient oral nutrients to sustain his or her life. And I'll be more than happy to answer any questions you have regarding House Bill 1267." 09700041.doc 54 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"The Lady's moved for the passage of the Bill. And this Bill is on the Order of Short Debate. The Chair recognizes Representative Eddy."
"Thank you. Would the Sponsor yield?"
"Lady yields."
"Representative Flowers, as amended, this mandates… is this a new additional mandate to existing coverages?"
"The new additional mandate would be for the coverage of intravenous feeding."
"Okay."
"And the reimbursement, but more specifically it's only when it is prescribed by a doctor to practice medicine in all its branches."
"Have… have you heard from health care providers as to the potential cost or additional cost that this might cause to premiums or health care coverage costs?"
"Do you know what, Representative, quite frankly I know of no opposition to this Bill because the cost of saving a person's life… this is for sick people who cannot eat and they must be fed by a tube or some way internally or they need some type of nutritional supplement in order to save their lives. And as a matter of fact, this Bill adds a new section and it's called nutritional support and hydration. And it states that the General Assembly finds that people who are physically unable to swallow, digest, or absorb food and fluids taken by mouth are at risk of malnutrition and dehydration. And without nutritional support and hydration, such individuals will become increasingly weakened and their immune system functioning… 09700041.doc 55 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 function can be reduced and they can eventually die. So, I have not heard any opposition to House Bill 1267."
"Well, I think presently, right now, intravenous feeding is covered on a plan to plan basis. Is that right? So, some plans do cover this and some…"
"Sometimes they do and sometimes they don't. Some insurance companies are playing Russian roulette with peoples' lives and this Bill would eliminate that."
"Okay. So, your purpose is to ensure that that coverage is in every policy for intravenous feeding, internal or tube feeding, medically appropriate."
"If it's medically appropriate and ordered by a doctor to practice medicine in all its branches, yes. That is the purpose of this Bill to save lives."
"Okay. Representative, I understand that. I do want to share with you that despite the purpose and your stated reason that no one really could be opposed our analysis does show that various insurance groups are officially opposed. I think the cost issue is what they're concerned with or some problem with how this might be implemented. I understand what you're trying to do here. There's a lot of concerns about the cost as there are with a lot of health care issues today. The cost is going to drive…"
"Well, one thing about it, Representative, this is not a mandate where the insurance companies have to give it away. This is, you know, we are the premium payer, so we'll be paying our premiums."
"I think that's accurate, I do. I think that probably the increased costs will be passed on. There are some insurance 09700041.doc 56 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 coverages that maybe will absorb this because they already have it, but in some cases it caused that cost increase and I think people are concerned about that."
"But Representative, you're missing the point. People are paying very high insurance premiums. In some cases, their premiums have doubled thinking that they have some type of health insurance. And the very thing that they need to save their lives to sustain them they cannot get because the insurance company will not cover it. Now, had they known that they would need some type of intravenous feeding, I'm sure they would have ordered it. But I'm sure the purpose of them getting the insurance was thinking that that would cover their illness. So, as you stated, it is there plan by plan and I am saying that all plans should have this."
"Well, it would be nice for any insurance that we have to be able to purchase what we need at the time, but obviously, if you don't, as you stated, you're not able to get it. And you're saying they should all have this. There is a cost that could come with that and…"
"A person's life is a heck of a price to pay."
"I appreciate that and I think that at some point or another, whenever insurance companies do determine what coverage we get and what quality of care we get, there should be a cause for concern because they shouldn't be making those decisions. The decisions need to be made by the health care providers at the time that those services are needed." 09700041.doc 57 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"But Representative, let me just ask you this. If you… I'm sure that you have visit people in the hospital and you saw a tray of food being passed around because they feed the patients in the hospitals. This is feeding a person that's not able to eat orally but needs some type of intravenous feeding. It's the same principle. I wouldn't even think that this would even be negotiable. I was surprised to know that it was even a problem."
"I understand your point. I respect very much what you're trying to do because we do have issues related to health care and the decisions seem to be driven sometimes by what the coverage allows rather than what's needed and your attempt here is to say whatever it is it needs to be… needs to happen needs to happen. That needs to be covered. The concern and it's a poor comparison to talk about coverage costs with life, but the problem sometimes is that the rates get driven up by these additional coverages to a point, and the mandates to a point, that people lose their coverage altogether and that's what the concern is. Respect very much what you're trying to do. I just think that we need to pay attention at least to some of the cost concerns that the companies have as well. Thank you."
"Representative Flowers to close."
"Thank you, Representative and thank you, Members of the House. I would appreciate an 'aye' vote on House Bill 1267. 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? Members, 09700041.doc 58 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 record yourselves. Gabel, Sente, Smith. Please take the record. On this question, there are 60 voting 'yes', and 53 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1415, Mr. Jones. Please read the Bill."
"House Bill 1415, a Bill for an Act concerning education. Third Reading."
"Mr. Jones."
"Thank you, Mr. Speaker. Members, I present House Bill 1415 which is a pilot program year round school Bill. In working with schools in my area and working with Representative Eddy and Representative Chapa LaVia, certain Amendments were made to this Bill. It's a year round school Bill. Opposition was removed to this Bill. It's great for my district. It allows districts to opt in to consider year round schooling in the 29th District. And I would ask for an 'aye' vote on this Bill."
"The Gentleman's moved for the passage of the Bill. This Bill is on the Order of Standard Debate. Chair recognizes Representative Eddy."
"Thank you, Mr. Speaker. Very quickly, to the Bill. The Representative has done a great job of working with everyone, removing the opposition. He asked that I would state that and let everyone know that everyone is neutral and/or supporting the Bill. And I would encourage an 'aye' vote."
"Mr. Pritchard."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields." 09700041.doc 59 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Representative, there was some concern expressed that the time that, if we're going to year round school and extended days and so forth, that this doesn't necessarily mean that there's going to be more time on academic subjects. Does your Bill address this issue?"
"Yes, it does. It only extends the day, for right now, the current legislation for year round schooling will require students to attend school for 215 days per year and currently, it's 180. So, I believe that schools, and this targets schools that are on the state academic watch list, so if the school is on the state academic watch list for more than three years, this Bill would apply to them. And as you know, schools that are on the state academic watch list and not meeting AYP, in this Bill will… in my district will allow those schools to either meet AYP or come up with a solution, year round schooling, that will help our area."
"So, this is voluntary that a school district can choose to go into a year round situation or not?"
"Yes, Sir."
"Okay. Thank you."
"You're welcome."
"Mr. Jones to close."
"Thank you. I ask that the Members join with me in addressing schooling which I believe the school districts in my area have joined with me. This will be a great thing and will make sure that we make education good for my district. And I would encourage an 'aye' vote on this Bill." 09700041.doc 60 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"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? Will Davis, Rose. Mr. Rose. Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3499, David Harris. Mr. Harris. Please read the Bill."
"House Bill 3499, a Bill for an Act concerning criminal law. Third Reading."
"Mr. Harris." Harris, D.: "Thank you, Mr. Speaker. Ladies and Gentlemen of the House, we discussed this Bill before. It has come… the Amendment… Mr. Speaker, an inquiry of the Chair."
"State your inquiry." Harris, D.: "The Amendment, Floor Amendment… or excuse me. Yeah. Floor Amendment #1 is on the Bill?"
Speaker Lang: "Mr. Clerk, can you answer the Gentleman's question."
"Floor Amendment #1 has been adopted to the Bill."
"Harris." Harris, D.: "Thank you, Mr. Speaker. Ladies and Gentlemen of the House, we've discussed this Bill before and after a thorough discussion, you may recall that Representative Burns made the suggestion that we put an Amendment on the Bill which we did. What this Bill now does is that the… it eliminates the waiting period for issuance of a firearm… it eliminates that waiting period, if there is an order of 09700041.doc 61 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 protection in force and the order of protection has to be either an interim order of protection or a plenary order of protection not an emergency order of protection. We have eliminated that provision. I ask for your support of the Bill."
"The Gentleman moves for the passage of the Bill. And on that question, the Chair recognizes Representative Burns. This is on the Order of Short Debate."
"Thank you, Speaker. Will the Sponsor yield?"
"Gentleman yields."
"I'd like to thank you, Representative, for engaging with us and listening to our concerns about the Bill. I think your Amendment does make the Bill slightly better. But I still am curious about the policy rationale for shorting the waiting period for the purchase of a firearm even after the interim or plenary order of protection has been entered into." Harris, D.: "Well, if the question is, is the rationale, then orders of protection are given, quite frankly, when someone is under a… orders of protection are given, quite frankly, when someone feels that they are under a threat or they are in a dangerous situation. This allows someone to have a greater sense of protection in that dangerous situation."
"Can you walk me through the interim and plenary order of protection? It's been a couple weeks since we've talked about this, but my understanding is that you get the emergency order of protection sort of at the first instance. I'm concerned that my wife is going to do bodily harm to me which is sometimes not an unreasonable concern 09700041.doc 62 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 and I go to a judge for an emergency order of protection and that emergency order is granted. So, that's the moment of greatest fear and concern potentially for a victim. Is that… is that your interpretation as well?" Harris, D.: "Well, I don't know if it's the moment of greatest concern. Certainly it is… there's an immediate on the part of the individual who seeks the order of protection there's an immediate sense of danger. Your objection or your observation previously I thought was a good one. Those emergency orders of protection are almost routinely granted and they may or may not be justified. The interim and the plenary orders of protection do take place before a judge, do take place in a court hearing, so that the order of protection is… has… there's a greater justification for that order to be given."
"So, what is… can you walk us through just for… I'm sorry, Mr. Speaker. Thank you for your patience. …the timeline for granting of the interim or the plenary order of protection and what… from the moment that request is filed with the courts and the time it's given. Can you give us a sense of that timeline?" Harris, D.: "The timeline before it's issued or how long it lasts?"
"How long would it take me to receive an interim order of protection, in the example I gave about my wife, where I'm concerned about doing great bodily harm to me? How long would it take me to get an interim or plenary order of protection filed against her?" 09700041.doc 63 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 Harris, D.: "I don't know the exact timeline. I can tell you that the hearing has to take place with both parties present or representatives of both parties being present."
"Okay." Harris, D.: "The number 45 days sticks in my mind for an interim, but don't hold me to that."
"And what's the length of time for the waiting period for the purchase of a firearm?" Harris, D.: "Seventy-two hours."
"Seventy-two hours. I'm sorry. Can… Okay. So, it would seem to me that… that the waiting period for the gun is not going to endanger a person's safety if they received an emergency order of protection and if they're going to eventually get an interim or plenary order of protection. I don't see how the… and my understanding is that the waiting period is 24 hours not 72." Harris, D.: "Well, it's… it's…"
"I just don't see how this enhances the safety of that person." Harris, D.: "It is 24 hours for a long gun, 72 hours for a handgun."
"Okay. So, but if I really needed a weapon, if I really needed something quickly, I could get a shotgun, right, in 24 hours. My wife could get a shotgun in 24 hours if she or… I could get one 'cause it's my wife I'm concerned about?" Harris, D.: "That is correct."
"Okay. Let me just ask one last question. I mean, do you really feel that this is going to enhance safety? Is that 09700041.doc 64 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 it's going to protect victims. Is the Illinois Coalition Against Domestic Violence are they supportive of this measure?" Harris, D.: "I do not know what their position is."
"And with all due respect, Representative, I mean, I would think it would be important that the Illinois Coalition Against Domestic Violence which is the leading advocacy group for people who are victims of domestic violence is to have them not weigh in on this Bill is somewhat telling. I appreciate your earnestness and your hard work on this, but I still have a lot of questions about the impact of this legislation. I'm concerned about the Coalition Against Domestic Violence not weighing in. For those reasons, I would encourage us to vote 'no' because what you are creating is a loophole to our already poorest gun control laws. Anyway, I fear we're not going to provide any additional help to victims of domestic violence. And in all seriousness, we all care about that. This is a tough vote, but I'm not sure that this gets to what we're trying to accomplish. And I respect the proponents, the Bill Sponsor's thoughtfulness and his responsiveness, but I still don't think that we're trying to get to where we need to go. Please vote…"
"The Chair will remove this from the Order of Short Debate. The Chair recognizes Representative Reboletti."
"Thank you, Speaker. Will the Sponsor yield?"
"Gentleman yields." 09700041.doc 65 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Representative, I'm trying to get my arms around this. Is this only in situations where a petitioner or somebody filing… filing an order of protection would be granted this relief? So, this has nothing to do with the respondent of the petition?" Harris, D.: "That is correct."
"What if a parent is filing on behalf of a child and it has nothing to do necessarily with the actual petitioner. Would that then relieve the waiting period? So, for instance, if it's a… was a custody issue between either parents or whomever, would that then remove the waiting period because of the… of this partic… of this potential issue?" Harris, D.: "Well, the petitioner is the one who has the protection. So, the petitioner is the one that would not have the waiting period."
"But you could al… you could also, Representative, file on behalf of a minor. And so, if you were seeking relief for the minor, the petitioner themselves may… would be a named party in that… in that respect, but there may not be any situations of violence. I'm not… if you understand what I'm saying, right now." Harris, D.: "Help me understand the concern on the… in that situation."
"There might be issues with removing a child from another parent's custody because of whatever the concerns may be. People may not be returning the child on time, they may… there might be concerns in the home if the home is not… it's not livable. There might be conditions of 09700041.doc 66 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 squalors and they want to remove the child which may have nothing to do with domestic violence. And so, I'm concerned that you'd remove a waiting period for that particular situation when that might not be what the intent of your legislation is." Harris, D.: "Well, it's not the intent, but it's an issue that maybe we need to address."
"And are you concerned at all that in situations like this where intentions would be high and very emotional, volatile states of both the victim and the respondent, that removing the waiting period could maybe cause more trouble?" Harris, D.: "The intention certainly was not to cause more trouble. The intention is to afford that individual who has that order of protection the opportunity to have a greater sense of protection and not have that… not have that waiting period. There would be no…"
"There would be nobody… So, once the petition was filed, the only time you could then… so, if you filed an emergency order of protection in yours… in this Bill, you still could not go out and get a firearm, right?" Harris, D.: "Well, remember, it does not apply to emergency orders of protection. It only applies to interim or plenary orders of protection."
"So, if you filed during the emergency period, you would not be eligible but then you'd be eligible once the hearing was held within two weeks." Harris, D.: "That's correct." 09700041.doc 67 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"But you… as that State Law is, you'd have to wait for… is it 72 hours now? See, 'cause I guess…" Harris, D.: "Yes, it's 72 hours."
"…I guess the concern is after two weeks, if there hasn't been an occurrence, I don't know what the rush would have to be for a permit to be issued because one would think that the emergency part would be where the person will be the most fearful of their safety. So, I guess that's one of my concerns is, Representative, why after two weeks do we now need to remove that…" Harris, D.: "The emo… and I follow the logic. The emotion of the issue has somewhat drained, perhaps, because the emergency might be the immediate hot point. Nonetheless, the fact that you still have… you've now gone through a court hearing that is… that is there. At that court hearing, who knows what that respondent may say, how… if that rekindles emotions. So, that's the logic behind it."
"Would it… would it also be based on the length of what the order of protection would be if it's a three month order of protection, six month, two year, five years? Does your Bill speak to that?" Harris, D.: "It does not."
"Thank you."
"Mr. Osterman."
"Thank you. Will the Sponsor yield?"
"Gentleman yields."
"I appreciate you taking this out of the record, previously and working on this Amendment. I want to go back to a point that I brought up previously and that concerns 09700041.doc 68 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 the background check and how this could be a problem in the application with the background check. So, your Bill is silent on what happens in those situations where someone goes to purchase a firearm from a licensed dealer. A background check is supposed to be done on those firearm applications and those firearm purchases. My concern is, in addition to what the previous two speakers had to say, that there is going to be some ambiguity about when that firearm is supposed to be released. So, there are many situations today when someone goes to purchase a firearm and the gun dealer calls the State Police to do a background check. Some of those take two minutes, some of those can take a number of hours to do and they vary. And my concern, both for the people involved in general but also for those individuals that are selling the firearms, is I think that they're going to be under a potentially false pretense to release a firearm prior to that background check being done." Harris, D.: "That… that background check will be done. They'll do the LEEDS check and they will have a sign off yes or no."
"They will sign off yes or no, but my point is is that some of those are done in two minutes, some of those can take longer. There could be a David Harris who, when you go to buy a firearm, may have an order… or they may have a warrant out for his arrest and the State Police would have to look at the records to find out what the differentiation is. What I'm pointing to is, I think, a very real concern in this is that potentially they're not 09700041.doc 69 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 going to wait 'til that firearm background check is done. They're going to release the firearm to someone who potentially may have a reason not to have that firearm as well." Harris, D.: "Well, the background check, I mean, irrespective of how long it takes, whether it's me or whether it's anyone else, that firearm dealer is, in my experience, has been very cautious about who they release a firearm to. And they do that because they know that there is a liability if indeed they release that firearm to the wrong person. So, I think they will be very cautious and make sure that they have the report back before they release it."
"But you're setting up a situation with this that they're going to be worried about the same side. So, if I'm someone who's got an order of protection and I walk in and show them an order of protection and we begin the background check and we call State Police and for whatever reason, it's taking an amount of time and the lady, whoever the man or woman, says I want the gun now, this law says you give… have to give me the gun right now. I would think many of those individuals are going to be concerned about not releasing the firearm immediately which is what your legislation says and someone walks out that may have their own issues and would prevent them from having a firearm. And I think that, you know, these individuals are going to be a little concerned about being sued and might release a firearm that… to someone who should not have it." Harris, D.: "Right. The Bill does not supersede the background check. This simply says you have… you don't have to wait 09700041.doc 70 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 that full amount, but it doesn't simply say you walk in, you show the order of protection and you walk out with a firearm. The background check still has to be performed and still has to be cleared and the Bill does not supersede that."
"Okay. And I guess what I'm pointing out is that I think that there is an ambiguity in that and I think that we potentially in these volatile situations should make sure that we are tightening it in a way that is not going to create that ambiguity because those are the situations that unfortunately we will hear about for the wrong reasons. So, I'm asking for a 'no' vote on this giving vying remarks and the ambiguity of this as well as some of the previous speakers."
"The last speaker will be Mr. Sullivan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields."
"Representative, under your Bill do you still have to have a valid FOID card to purchase a weapon?" Harris, D.: "Absolutely, yes."
"So, when I go to purchase a weapon after I have received my valid FOID card, I will… before I'm able to sign and buy this weapon… I have to have a back… instant background check. Is that correct?" Harris, D.: "Presumably, the State Police have done their job and you own… a background check will have been before and before that Firearm Owner Identification card is issued."
"But… but when I buy the weapon, they go through an instant background check. Is that correct?" 09700041.doc 71 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 Harris, D.: "That's correct."
"If that instant background check is not done, I'm not allowed to buy the weapon whether I have this Bill before us or not. Is that correct?" Harris, D.: "That is correct."
"Okay." Harris, D.: "This does not supersede that."
"So, basically what you're saying is under your Bill, after you have a valid FOID card and you've done the instant background check and everything's come back clear and you're able to buy the weapon, then if you have this order of protection, we can waive the waiting period. That's it." Harris, D.: "Correct."
"Thank you. To the Bill. Ladies and Gentlemen, let's not kind of muddy up what this Bill does. This Bill will help typically women, but it could be for men too, protect themselves. It does not say you don't have to go through a FOID card process. It does not say that you can avoid a background check instantaneously at the point of purchase. It does not go around any of our laws that are more strenuous than the rest of the country. It just says, if you fear for your life because you have an order of protection, you can avoid waiting 72 hours if you're buying a handgun or 24 hours if you're buying a shotgun to go home and protect yourself. This is going to help people typically women protect themselves when the police cannot be there to protect them. Please vote 'aye' on this Bill."
"Mr. Harris to close." 09700041.doc 72 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 Harris, D.: "Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I think we've had a thorough discussion of the Bill. We have tried to address some of the earlier objections that some of the Members had. And I ask for an 'aye' vote on the Bill."
"The Gentleman moves for the passage of the Bill. Those in favor shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Chapa LaVia, May. Please take the record. On this question, there are 78 voting 'yes', 34 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Currie."
"Thank you very much, Speaker. Would the record please reflect that Representative Riley is excused for the remainder of the day."
"Thank you, Representative. House Bill 3449, Mr. Mautino. Mr. Mautino, 3449. Out of the record. House Bill 1091, Representative Nekritz. Please read the Bill."
"House Bill 1091, a Bill for an Act concerning State Government. Third Reading."
"Representative Nekritz."
"Thank you, Mr. Speaker. House Bill 1091 creates the Public-Private Partnership Transportation Act. And this is necessary at this time because the federal highway trust fund, where we have traditionally gotten most of the money for our transportation infrastructure in this state, is about to go bankrupt. In September of 2008, over $8 billion was transferred by the Federal Government from its General 09700041.doc 73 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 Revenue Fund to the highway trust fund. In '09, another 7 billion was transferred. In March of this year… of last year, the highway trust fund was shut down for a couple of days and it's anticipated by the end of fiscal year 2012 that it will absolutely be insolvent. So, the traditional 80-20 match that we've sought from the Federal Government for transportation infrastructure is really… is really almost nonexistent at this point. So, another method of possibly building the infrastructure is through these public-private partnerships. If this… and so, this legislation has a… it's a very comprehensive Bill to establish a lot of parameters around the public-private partnership. It includes some… a variety of procurement procedures for that. It allows for approval by the General Assembly of the projects. The project has to comply… to meet the standards set forth by the Metropolitan Planning Organizations. It allows for the operator of the… of the asset to charge a toll or some other mechanism to raise funds if they need to, again, subject to the fu… an agreement with either IDOT or the Toll Highway Authority. It provides for eminent domain. It most… and importantly it includes project labor agreements and prevailing wage and provides some tax exemptions for these entities as… for the projects themselves as they would be tax-exempt if they were constructed and operated by government. Happy to answer any questions. And I ask for your support."
"The Lady moves for the passage of the Bill. The Bill is on Short Debate. The Chair will remove this Bill from the Order of Short Debate and move it to Standard 09700041.doc 74 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 Debate. There will be three speakers on each side. The first is Representative Sullivan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Lady yields."
"Representative, I think I understand the intent here and I believe I'm favorable of the Bill. You want to open up another avenue for us to be able to do road projects, in essence, by bringing in the private sector but still under the auspices of IDOT and the Tollway Authority?"
"That's correct and it wouldn't be… just be road projects, Representative. It provides for railroad and airport projects."
"Okay. I do want to talk a little bit in regard to some of the groups that may or may not be opposed for this. Right now, the Chamber is opposed, but they're opposed just because of PLAs?"
"That's my understanding."
"Okay. And the unions are opposed for what reason?"
"I added some language in Amendment 1 that clarifies that no revenues from the existing assets can be used to fund private-public partnerships, so that… so AFSCME went neutral on that."
"Okay."
"I have just been speaking with SEIU Local 73 in the last half hour. I think there was some confusion about whether or not this allowed the current assets to be privatized and I believe… so, I believe that they are neutral as well." 09700041.doc 75 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Okay. And then the Chamber being opposed on the PLAs, PLAs still will tell us that the unions can't strike. So, we do have that provision in the PLAs that, I guess, would be beneficial to us moving projects forward."
"I'm sorry. I'm sorry. I just didn't hear you, Representative. I'm not… and I'm not sure I know the answer to your question."
"Well, going into PLAs, which the Chamber is opposed to, I guess my understanding of them is that PLAs do prevent unions from striking."
"Okay. I'll take your word for that."
"Okay. I'm just trying to point that out as one thing that would be beneficial that maybe the Chamber doesn't quite realize is all…"
"Great."
"…but thank you for your comments."
"Okay. Thank you."
"Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Lady yields." Davis, W.: "Representative, you indicated in your previous statements that this would allow for private entities that come in under the auspices of state departments and agencies, correct?"
"Correct." Davis, W.: "So, those private industries would they be subject to any of the minority goals or requirements that we generally try to put on state projects? Would they be subject to any of the diversity language that we are 09700041.doc 76 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 working to try to put in place so that we can ensure that minorities and women will not only have access to the contracting opportunities but as well as employees? We know that many of our unions unfortunately have a horrible record of inclusion in terms of minorities into their union. So, what can we expect from this type of legislation that would ensure that minorities would have opportunities not only in terms of business opportunities as contractors or subcontractors but also employees themselves?"
"And thank you for the question, Representative. The Bill specifically provides that all of the public-private agreements that are entered into by IDOT and the Toll Highway Authority are subject to the Business Enterprise for Minorities, Females and Persons With Disabilities Act." Davis, W.: "So, does that mean we're good?"
"And there are other references as well in the legislation to minority- and women-owned business requirements." Davis, W.: "So, that's on the contracting side of it. What about goals on the hiring side, workforce development goals that would ensure that there are minorities working on the projects?"
"Representative, there are other… I'm not… unfortunately it's a 76-page Bill and there are… but I believe that there are requirements on the contracting side as well. I'll just have to look through quickly and see if I can find those. I believe in the procurement provisions of this Bill, so if I'm looking… I'm looking on page 20 of the Bill and it does say that the Transportation Agency has 09700041.doc 77 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 to comply with Section 21… 2-105 of the Illinois Human Rights Act and has to include women and minority business enterprises in the request for qualifications as well." Davis, W.: "So, that's interim business enterprises. What about, again, what about actual people, you know, the workforce development side of it?"
"Oh." Davis, W.: "Again, just because…"
"I see what you're asking." Davis, W.: "Absolutely."
"Okay. I'm not sure that there is something in there specifically for hiring in the Bill itself." Davis, W.: "Okay. So, are you willing to possibly entertain an Amendment on the Senate side that would try to address some of those particular concerns? And essentially what we're asking, Representative, and we appreciate your previous comments, is that most Bills that deal with these issues what we find is that unless we ask for inclusion of this type of language in the original Bill, there's no guarantee that the organizations or the companies, there are no guarantees outside of that. So, we're asking if… if there's an opportunity to work on this Bill, assuming that it does pass out of this chamber, on the Senate side where we can have the opportunity to add some language to that effect."
"Absolutely, Representative. And I know that the, you know, that the Senate Sponsor has, you know, who was really… worked very hard on the original draft of this over the last several years and it was very careful to include those… those types of provisions in the legislation and I'm 09700041.doc 78 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 sure if there's, you know, something that… if there are current state, you know, goals or those kinds of things, I'm sure she would be open to that." Davis, W.: "Okay. Thank you very much."
"Thank you." Davis, W.: "I'm going to shift gears just very quickly, Representative. So, the organizations like CMAP, what role would they play in this type of legislation?"
"The projects that we would then… would be authorized by this have to comply with all the MPO requirements. So, it has to be on the MPO… on the master plan for CMAP and the other MPOs around the state." Davis, W.: "Do projects currently have to be on a master plan of some sort currently?"
"Not that… I don't… I mean, I think we'd prefer it that way, but I don't believe there's any requirement that way." Davis, W.: "It's not a requirement."
"Correct." Davis, W.: "So, how do we ensure that organizations like those… I think you called them MPOs… would, in communities like mine, make sure that there is ample projects in communities of color and that communities of color would be able to benefit from projects like this. We're talking about major road projects. We're talking about development projects. And I think there's always a concern that I have that sometimes our state agencies aren't always fair in terms of where projects happen, not that they happen, but where they happen. And so, how can we ensure… Quite personally, I 09700041.doc 79 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 don't really trust CMAP, to be quite honest with you, that they can be an organization that would do a good job of making sure that programs in communities like mine are on these master plans. And I know I've got a mayors and managers group that would work with them, but if CMAP is the ultimate end all, you know, the final say in that, I'm not sure if I trust that particular organization to make sure that projects that communities like the ones that I represent are going to make that master list."
"Representative, CMAP doesn't have a veto power over this. The project simply has to be consistent with the… with the plan offered by CMAP and the other MPOs. And I'm… so, I'm not… you know, we have the ability to come back to this General Assembly and say yes or no to a project. So, I would assume that if they're not… if there's insufficient project happening in disadvantaged communities that we would stop saying yes to all the other ones and start asking for those in a different community." Davis, W.: "Okay. So, you're saying that there is some mechanism that we, as Members of the General Assembly, could have to make sure that there are projects in, as you called them, underserved communities."
"I believe so, Representative, because the General Assembly has to approve, you know, the location of the projects before they could even move ahead." Davis, W.: "Okay. Now, is there another way in which projects are prioritized? Like, for instance, in the south suburbs we've got projects like the I-294, I-57 interchange. There's conversation about the Illiana Expressway which are 09700041.doc 80 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 projects that are close to my district but how are projects prioritized or if they're prioritized, in situations like that?"
"There's nothing in the legislation to prioritize. I think that would be, in this instance, sort of market driven where there would be a private operator and a private developer who would see the value in a project and make a proposal to IDOT or the Toll Highway Authority, but there's nothing in the legislation that prioritizes that." Davis, W.: "Okay. So, I was distracted sort of… I was distracted briefly as you were saying. So, there really is nothing in place that really speaks to private… prioritizing particular projects. You said it would be market driven?"
"I believe that to be the case, Representative and again, we, as the General Assembly, have the opportunity to say yea or nay." Davis, W.: "Thank you very much, Representative, I appreciate your time."
"Thank you, Representative."
"Mr. Mathias."
"Thank you, Mr… thank you, Mr. Speaker. This is a very important Bill, Ladies and Gentlemen. You know, today, where we are under such budgetary constraints we are certainly looking for money, looking for ways to pay for much needed transportation projects throughout our state. This gives us an opportunity to say instead of the state trying to find the money which today is, as I said, very difficult, we can enter into public-private partnerships to 09700041.doc 81 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 do this. And we've been talking about public-private partnerships for many years in this chamber. If we can find a source of funding to build roads that we need desperately, in some parts of our state, this gives us the authority to enter into those agreements. I believe it is a great incentive for economic development, obviously, that's why the road and transit builders are for this Bill. It will create jobs in our state. So, I urge all of you to vote 'yes' on this Bill as it's a much needed incentive to try to bring together from the public and private entities for much needed construction. Thank you."
"Mr. Osterman."
"To the Bill. I want to echo the remarks of the previous speaker. Ladies and Gentlemen, looking in the years to come, the reliance on government to fund our expansion of public transportation is not going to be there. And whether it's at the federal, the state or the local level, those dollars are very hard to come by and are going to be increasingly hard to come by in the future and all of us know that from our capital plan that we have up in the air right now. This gives the state and municipalities flexibility to go out and get private dollars to help us build our infrastructure, whether it's a road or whether it's improving mass transportation and entrained rail. So, with that, I would ask for an 'aye' vote."
"Mr. Reboletti."
"Thank you, Speaker. Will the Sponsor yield?"
"Lady yields." 09700041.doc 82 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Representative Nekritz, representing an area that would be where the potential Elgin-O'Hare Expressway would be and as you know the expressway neither goes to O'Hare or to Elgin, how would a partnership like this or this Bill help a project like that? How would you see that coming to fruition if this Bill became law?"
"Well, Representative, I think that the previous speaker point… would address this directly in that we don't really have too much in the way of federal resources that are going to be coming our way to build something as expensive as the… as the western access to O'Hare. And so, having al… financing alternatives such as would be proposed in the public-private partnership Bill I think is critical to making sure that a project like that happens."
"Would it be a project that would be owned by the private corporation or would it be still potentially run by the Tollway or that would be up for discussion depending on how the investments came?"
"It's completely up for discussion. This simply authorizes that both the Tollway Authority and IDOT to ent… to… do, you know, to go into a procurement process and then operate or have these kinds of facilities operate. And the mechanisms by which we do that are… the parameters are laid out, but they're not dictated in the Bill."
"Thank you. And to the Bill. Ladies and Gentlemen, the Elgin-O'Hare Expressway is crucial to the development and to the infrastructure of northeast Illinois, not only to the communities that I represent and Bensenville is listed as a proponent, but it would create thousands of 09700041.doc 83 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 construction jobs, thousands of vertical construction jobs and I have seen on the planning of the communities that I represent, the different convention centers, the hotels, the restaurants, the additional warehouse space that could be utilized in putting people back to work. I think this is something that we need to explore. We need to have these options. We know that the Federal Government is broke themselves. The resources are not going to be there in a capital Bill from them. And this is a creative way of taking care of projects that have been on the books longer than I have been on this earth. So, I would urge an 'aye' vote."
"The last speaker is Representative Berrios."
"Thank you. Will the Sponsor yield?"
"Lady yields."
"Just a brief question. Would this legislation… does it give minorities an opportunity from the beginning of the process all the way 'til the end? So, just like investing firms, would they also be able to participate?"
"I believe so, Representative, especially, and as I was mentioning with one of the prior Representatives, certainly on the contracting side. The… all the current laws we have with regard to women- and minority-owned businesses apply throughout the contracting process."
"Okay. Is it the same percentages as used in other legislation?"
"Yes. And I… if you'll give me just a half a second, I can pull out the name of the… the exact name of the law 09700041.doc 84 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 that applies in this. It's the Business Enterprise for Minorities, Females and Persons with Disabilities Act."
"Okay. As long as it's in there, I just wanted to make sure who's the… that it would be in there to make sure that minorities…"
"Right. So, that Act is specific that the Business Enterprise for Minorities, Females and Persons with Disabilities Act is specifically amended to say that the public… that that Act applies to any public-private partnership agreement entered into under the… under this Bill."
"Okay. Thank you, Representative."
"Thank you."
"Representative Nekritz to close."
"I appreciate the good discussion and the questions. I look forward to continuing to work with regard to developing some further assurances in here for minorities and women to make sure that on the hiring side that those are included and covered by the Bill as well. But I'd ask for your support."
"Those in favor of the Bill 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. Clerk, please take the record. On this question, there are 66 voting 'yes', 47 voting 'no' and 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 585, Representative Nekritz. Please read the Bill." 09700041.doc 85 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"House Bill 585, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Nekritz."
"Thank you, Mr. Speaker. Continuing on a transportation theme, this legislation has to do with the funding for the federally mandated ADA paratransit service that is provided in the RTA region. And the legislation… we've had some issues in the past with making sure that that's been fully funded and this legislation will assure that that will happen going forward."
"The Lady moved for the passage of the Bill. The Bill's on Short Debate. And on that question, the Chair recognizes Representative Tryon."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Lady yields."
"Representative Nekritz, I know this is a… Where'd you move to? I know this has been a difficult process to figure out how we're going to fund the increasing costs of paratransit. And when we revised the Met… the RTA Act to incr… to utilize the new structure and a new funding mechanisms was always my thought process at that time that the paratransit was going to be 100 million, that would come off the top before any of the service boards got their funding, and that if there was a drop in revenue and it wasn't anticipated there would ever be a drop because the sales tax in the area had been very stable and growing, but if there was a drop, it would come from the discretionary fund. The CTA gets 100 percent of the discretionary fund and I know that they're having financial problems and I 09700041.doc 86 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 know that if we don't fix this that this money will come out of the Pace nondisabled transit riders program and that's unacceptable as well. So, while there were components of this Bill that I didn't support, which was the 5 percent compounding every year, you've taken that out. Pace is going to make whole to Metra… or not whole, but they're going to give back to Metra $2 million so that they're not feeling the brunt of… not even the brunt, but they're not feeling as much pain as they would have felt otherwise from coming off the top. And I think that was a good way to solve this on your part and I'm going to support this Bill because I don't see any other way, at this time, that we have a choice but to support this Bill. And… but I do want to make one request of you. And I think it's incumbent upon the Mass Transit Committee to talk about this over the next two years and find out how we're going to co… how we're going to increase the funding in paratransit as paratransit grows without hurting the other service boards or with making sure that the money gets divided up proportionately among ridership of the paratransit riders. And I just want to… I know you're committed to do that and I'm committed to do that. So, I just want to get that on the record that we understand we have a problem and that while the CTA can't use the discretionary money this time that we need to… that needs to be part of the discussion."
"And Representative, it still could be, actually, because the legislation doesn't mandate out of which fund the ADA paratransit will be funded. So, it really leaves it 09700041.doc 87 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 up to the RTA and the RTA could make that decision to take it out of the discretionary fund. They'd have the same battle that we have in trying to make that happen as well, but they do have the authority to do that."
"Right. Okay. Well, I think you've done an excellent job working on this piece of legislation and I'm going to support it and I'm going to vote 'aye'."
"The Chair will remove this from Short Debate and recognizes Representative Mathias."
"Thank you, Mr. Speaker. To the Bill. Again, I want to congratulate Representative Nekritz for working with us. There were some objectionable parts to this Bill such as that 5 percent automatic increase and it's now been removed from the Bill. I wish I had a magic answer to say, okay, here's where the money's coming from, that's better than the current proposal, but we don't have that. But what we do have is now this Bill gives us some time to look at it and see if there is any alternatives that we can come up with. With the 5 percent automatic increase, that wouldn't happen. Now, I imagine that Pace will be back in… maybe in a couple years to request more money and this is something that's mandated by the Federal Government. It should be paid. It's something that's very important. Paratransit is very important and we need to continue those rides. So, while maybe this isn't the best solution, right now it's the only one and it's… certainly would be unfair for all of the funds to come from Pace just because they're running the program. So, I urge your 'aye' vote."
"Representative Bellock." 09700041.doc 88 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Lady yields."
"Representative Nekritz, I wanted to ask you on the final Amendment of this Bill, is Metra still opposed or have they gone neutral?"
"They're neutral."
"Okay. Thank you. I want to thank you for all your work on it and I want to… To the Bill. And I want to thank Representative Tryon and Representative Mathias and Representative Nekritz for working this problem out. We know that paratransit needs to be funded, but there was a lot of problems with the original Bill. So, I thank you."
"Representative Nekritz to close."
"Thank you, Mr. Speaker. You know, this Bill does have a long history going… dating back to when the formulas were set in the transit reform legislation that we did in 2008. It is because of a decline in the sales tax that the formulas that we set up in that Bill have not been working. The result of that has been that… that Pace has been forced to either come here and beg for some funds or to dip into their own money to fund… to pay for the paratransit service that they're providing on behalf of all the service… the transit systems. This is a longer term fix and I think it works. And I think that's evidenced by the fact that the… all the transit agencies are neutral on the Bill. I ask you for your support."
"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? 09700041.doc 89 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 Have all voted who wish? Have all voted who wish? Ramey, Reboletti, Rose. Please take the record. On this question, 112… I'm sorry. 102 voting 'yes', 12 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Brady."
"Thank you, Mr. Speaker. A point of personal privilege."
"State your point, Sir."
"Ladies and Gentlemen of the House, please give a nice Capitol welcome and House of Representative welcome to Jill Doran. Jill is the program director for the Life Center for Independent Living and has brought with her from my district, Bloomington, Illinois, today, a group of legislative interns. They are behind me in the gallery. So, please give a nice warm Springfield welcome to Jill Doran and the Life Center Independent Living folks."
"Welcome to Springfield. The Chair recognizes Representative Jones."
"Thank you, Mr. Speaker. I rise today to introduce a young lady who's sitting next to me who was selected out of 29 thousand applications. In the State of Illinois, we had two youth who were selected as the top volunteer. One was from my colleague, Representative Mussman's district and the second one I have standing next to me is from the 29th District, Glennita Williams. Glennita Williams was selected to honor… she has done a lot. She started this program called Operation Twinkie that collected almost 3 thousand snacks for troops. She's an eighth-grader from McKinley High School… or McKinley School. Her school is here today, 09700041.doc 90 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 so I want to recognize them. I also want to recognize Glennita's parents: Darren and Anita Williams who are in the gallery. But I want to have the attention focus on the young lady standing next to me because not only is she a top volunteer in Illinois, but she is a great young lady who has a great career ahead of her and does a great job for the troops that we all should be honored and be proud of her accomplishments. So, I present to you Glennita Williams."
"Congratulations. Thank you for being here today. The next Bill is House Bill 806, Representative Mautino. Please read the Bill."
"House Bill 806, a Bill for an Act concerning safety. Third Reading of this House Bill."
"Mr. Mautino."
"Thank you, Speaker, Ladies and Gentlemen of the House. House Bill 806 is an issue which came to life at the local level. And I've been working with Representative Roth along with the Farm Bureau and municipalities to try and correct a problem in LaSalle, Bureau County, some in Will County areas with the misapplication of municipal sludge. And this became a very controversial problem in which Representative Roth and I were contacted by the families who had to live around the… these sections where fields were being placed with massive amounts of municipal sludge or municipal waste. The Bill before you has been negotiated with the Metropolitan Water Reclamation District and it provides that it may not be stockpiled, that it may not be trenched to certain levels, that you cannot apply the 09700041.doc 91 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 sludge closer than 100 feet to occupy dwellings and that they would have to give notice to the local officials where, when and how much sludge would be applied. So, I thank the young Representative for working with me on this. And we ask for your 'aye' votes. Be happy to answer any questions."
"The Gentleman moves 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? Brady, Leitch. Mr. Leitch. Please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3244, Representative Hatcher. Please read the Bill."
"House Bill 3244, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Representative Hatcher."
"Thank you, Mr. Speaker. House Bill 3244 simply ensures that agricultural tourism will be included in any DCEO surveys. If there is no appropriation for this, it's subject to appropriation. And I urge an 'aye' vote."
"The Lady moves for the passage of the Bill. There being no debate… except for Representative Franks. The Chair recognizes Mr. Franks."
"Thank you, Mr. Speaker. You are good. I appreciate it. Representative, why are we asking DCEO to get involved in tourism?"
"Here I am, Mr. Franks."
"I'm sorry. Hi." 09700041.doc 92 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Hi. How are you? Nice to see you."
"Nice to see you."
"This is… this is part of a system of surveys the DCEO is going to do. Agri-tourism is a huge economic development revenue source for agricultural communities. It makes a big difference. Farmland especially, not only do our youngsters learn whenever they're able to be a part of this, but it brings in revenues to communities that otherwise would have none."
"Oh, I agree with you 100 percent. I know that tourism is very important to the State of Illinois and agri-tourism has been growing. My question though is why we get DCEO involved? I don't know how this would be part of their core business at a time when we're looking to minimize government and we have close to a $15 billion budget deficit. I don't know if by adding responsibility to DCEO is the way to go. I just think we already have some tourism organizations. I know that Representative Dunkin was actually chairing some tourism hearings. And I'm wondering why we don't go to those areas instead of putting an additional burden on something that's not the core issue of what DCEO does."
"Having the surveys is already part of the strategic plan that DCEO is planning. And we're just ensuring that agriculture is tourism smart."
"So, you said they're planning this? I couldn't hear you." 09700041.doc 93 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Yeah. That they're… that they are already have in the big picture they're going to be doing this survey. Agricultural tourism is a main part from my area."
"I… I appreciate it. To the Bill. I'm just concerned because I think DCEO has been a real problem in our… a real problem agency. This is the agency that, for instance, has allowed million dollar grants to organizations that had no assets, no teachers, no students, giving a million dollars to places that just don't exist. There's been very… there's been a number of documented incidences with DCEO and I believe my suggestion not to expand them. I believe that, especially after our last tax increase, that the best way to attract businesses in this state is to give targeted tax relief and to give tax relief pretty much across-the-board, but also like the EDGE program which can be done with others. I'd rather save about a billion dollars and get rid of DCEO. And I just don't like to continue to give noncore mission to eight state agencies that seem to self- perpetuate. And that's my criticism of this Bill."
"Representative Hatcher to close."
"Thank you, Representative. I appreciate your thoughts on this. Economic opportunity is exactly what DCEO's mission is all about. And perhaps your issues might be a larger conversation, but in this case, it is my hope that everyone will support the opportunity for agricultural tourism at DCEO. Thank you."
"Lady moves for the passage of the Bill. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted 09700041.doc 94 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 who wish? Currie. Please take the record. On this question, there 105 voting 'yes', 5… Excuse me. 109 voting 'yes', 5 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Kosel."
"Thank you, Mr. Speaker. For a point of personal privilege. I'd like to welcome a county board member from Will County Illinois, Laurie Smith who is with us today up in the gallery."
Speaker Lang: "Welcome to Springfield. House Bill 2974, Representative Kosel, as long as you're standing, but I didn't catch you in time. Please read the Bill."
"House Bill 2974, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Kosel."
"Thank you very much. This Bill expands the type of notification for a cell tower installation. Several years ago I passed a Bill that required notification to immediate adjacent homeowners for a cell tower location. And through an instance that happened in my district, we realize that it did not include enough specific directions as to what to be included. So, now this will have to include the pin number, it will have to include a map showing where the site is and where the facility will be located on the site. It will also have to not look like a piece of advertisement from the cell tower company. If there's any questions, I will gladly answer them. Thank you."
"Lady moves for the passage of the Bill. There being no debate, those in favor vote 'yes'; opposed 'no'. 09700041.doc 95 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 The voting is open. Have all voted who wish? Have all voted who wish? Mell. Please take the record. On this question, 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3375, Mr. McCarthy. Please read the Bill."
"House Bill 3375, a Bill for an Act concerning public employee benefits. Third Reading of this House Bill."
"Mr. McCarthy."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 375, as amended by House Amendment #2, amends the Teachers Retirement System. And it basically addresses the problem of a school district looking at a position and dividing it into two and using our exception for 90 days allowable, actually it's 120 days allowable, for a person to hold that position. That was meant for, of course, absences or if there's some kind of problem where a person has to leave. Many of the districts are now looking at positions instead of funding the one position hire two retirees and it does not affect their pension in any way and that they fulfill the duties of that one position. My feeling is that we certainly have more than enough applicants for the job that we can hire new people to move them up the system without allowing two retirees to collect the full pension while also collect… or serving 90 days at a salary for the district. So, I would appreciate your support. On our analysis it says that this is opposed by just about everybody, but when the Bill was amended by 09700041.doc 96 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 Amendment #2 all the opposition was taken off and like both of the Teacher Associations had no position on it. So, I'd appreciate your support."
"The Gentleman moves 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? Leitch, Roth. Representative Roth. Please take the record. On this question, 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3294, Mr. Nybo. Please read the Bill."
"House Bill 3294, a Bill for an Act concerning schools. Third Reading of this House Bill."
"Mr. Nybo."
"Mr. Speaker, before I speak to the Bill, I'd like to withdraw Floor Amendment 4 that I think is before the Body as well."
"Let's… Mr. Clerk, move this Bill back to the Order of Second Reading."
"Floor Amendment #4, offered by Representative Nybo, has been approved for consideration."
"Mr. Nybo, you wish to withdraw Amendment 4?"
"That is correct, Mr. Speaker."
"Amendment 4 is withdrawn. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Please read the Bill again."
"House Bill 3294, a Bill for an Act concerning schools. Third Reading of this House Bill." 09700041.doc 97 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Mr. Nybo."
"Thank you very much, Mr. Speaker. House Bill 3294 is an agreed Amendment to the Illinois School Code provisions regarding the use of emergency epinephrine auto injectors, also known as epi pens in schools. I've worked very closely with Attorney General Lisa Madigan and her staff on this legislation. It's important enough to her to be part of her legislative agenda. And as a father of a six-year-old with severe tree nut allergies, it's particularly important to me. Currently, the law only allows students to be administered epinephrine or to self-administer epinephrine if the student provides the auto-injector pen. What 3294 will allow and it will allow, it won't mandate, but it will allow a school district or a nonpublic school to have a general supply of epi pens available on site for use in three specific situations. First, for use by a student authorized to self-administer; second, for use by authorized school personnel who have an appropriate medical plan on file and third, and perhaps most importantly, for use by a school nurse on any student, even if the student does not have a prescription on file, who the school nurse in good faith professionally believes is having an allergic reaction. This is an important Bill. I'm happy to report it's agreed. I want to thank everybody who worked with us on this. But this legislation has the potential to save lives. I know of no opposition. And I would ask for an 'aye' vote on this."
"The Gentleman moves for the passage of the Bill. The Chair recognizes Mr. D'Amico." 09700041.doc 98 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Thank you, Mr. Speaker. I rise in support of this legislation. 'Cause this… this last year I had the unfortunate… I had to attend a wake of a 13-year-old child in my district that died because of anaphylactic shock and we need to have this epi pen available. It could have prevented her from dying and hopefully in the future prevent other kids from the same… same unfortunate incident that happens. So, I want to commend Representative Nybo on all of his hard work. And I urge an 'aye' vote."
"Mr. Ramey."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields."
"I appreciate your Bill here, Representative. Is there a cost to the school districts on this?"
"There will be a cost, if they choose to have a general supply of epinephrine on… available and in stock. But it's a permissive Bill, Representative, so if the school districts choose to have the epinephrine available, they will incur that cost."
"Do we have a… and Representative D’Amico just mentioned there was an issue in one of his schools… what are the cases that we've known about on this?"
"Representative…"
"This would be helpful."
"I don't understand your question. Can you repeat it? Are you asking me to give you the situations where…"
"Do we have a count of how many cases have occurred that obviously we're trying to help them save lives here?" 09700041.doc 99 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"No. Representative, I don't have a count. What I would call your attention to is the statistic that they say that over 25 percent of students that have an allergic reaction, have an allergic reaction previously to it being diagnosed. So, you know, you can do the math yourself. One out of four kids having allergic reactions in schools haven't been diagnosed yet with having an allergy. If a school district has chosen to have the pen on site, the school nurse in that district could then administer the pen. That's not allowed under current law. It would be allowed if 3294 is enacted."
"Certainly. And that's what I was just trying to get at. You know, when they weigh the cost, obviously, the state isn't helping them with the cost for education and all these extras. And unfortunately, Representative Bassi isn't here to give us our list of unfunded mandates. So, I just want to understand that, you know, we are trying to save lives here and I hope that all schools will take a good… a hard look at this. And if… I don't know, do we keep track of who it might be able to help for these schools to make a better decision?"
"Again, Representative, I'm having a hard time hearing you. Did you say do we keep track of what?"
"Do the schools keep any track of persons that this would be able to help out just so they, again, make a better decision?"
"Not that I'm aware of. I'm not aware of any reporting. There are food allergy guidelines that have been recently 09700041.doc 100 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 adopted and put into effect. I'm not sure what the reporting requirements are under that…"
"Certainly, certainly. Okay. Very good. I appreciate that. Do you have a Sponsor for your suit today?"
"Once again, Representative, I am the Sponsor of my own suit."
"Very good. Thank you, Representative."
"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? Brauer, Chapa LaVia. Mr. Brauer. Please take the record. On this question, 113 voting 'yes', 0 voting 'no', and 1 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1521, Mr. Rose. Please read the Bill."
"House Bill 1521, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Mr. Rose."
"Thank you, Mr. Speaker. This is the third of the three first round of Bills from the summer task force on DD… developmental disabled mental illness providers. And we previously passed, I think unanimously, the first two; this is the third. What this does it would provide for a statewide system of fire inspection where you'd be inspected by the State Fire Marshal. The State Fire Marshal's Office there to provide continuity to the fire inspections of our facilities and would, you know, basically, local entities could then go in and inspect to 09700041.doc 101 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 the extent that their local Code would exceed the state Fire Code. But at least you would have a minimum basis of safety through the inspection of the State Fire Marshal. So, I would ask for its favorable adoption."
"The 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? Hernandez. Please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 161, Mr. Rose. Please read the Bill."
"House Bill 161, a Bill for an Act concerning public aid. Third Reading of this House Bill."
"Mr. Rose."
"Thank you, Mr. Speaker. House Bill 161 would simply ask the Department of Human Services to get back to us with a cost estimate of what it would cost to put photo IDs on LINK cards, that's item (a). Item (b) would be to give us a solution as to just a solution to make sure that home care providers and care providers could go ahead and have access to the cards of a lawfully legitimate titleholder."
"The Gentleman's moved for the passage of the Bill. This Bill is on the Order of Standard Debate. The Chair recognizes Representative Burns."
"Thank you, Speaker. Does the Sponsor yield?"
"Gentleman yields."
"Representative, can… we're all concerned about saving taxpayer dollars and making sure that programs are 09700041.doc 102 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 effective and efficient, can you give us an estimate of the percentage of food stamps that end up involved in fraud or money from the LINK program missing involved in fraud?"
"Well, I can give you some examples. And for the… example, the State of Michigan just last year there was a huge investigation in the State of Michigan where college kids were taking out federal direct loan subsidies for room and board and then those same college kids were signing up for food stamps and going and buying their food with the food stamps and using their college direct loans that were supposed to be for room and board and… for food basically to buy beer. And there's a huge investigation in the State of Michigan. You have, for example, in LaSalle County here in the State of Illinois that they had a situation in that county where they actually had seized a drug dealer and in the search of the home, had thousands of dollars of cash, new cars, and then here, lo and behold, they were having… they were on food stamps. The U.S. Department of Agriculture's estimated a relatively small number for food stamp fraud, but I will tell you that that flies in the face of virtually any law enforcement officer or frankly, any of the grocery clerks that I've talked to have said that they're easily traded for drugs. Nationally, the United States Government accounting office has said that welfare in general is about ten and a half percent fraud rate as a national average, but some states, the bigger, larger more urban states are far higher than that ten and a half percent average. So, this is just an attempt to… an easy way and by the way, Representative Burns, all this 09700041.doc 103 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 Bill does is give us the information. There's no automatic implementation of anything. It doesn't put a photo on a single card. It just asks the department to give us a) what's it cost… what's it cost and also how do you handle… what would be the preferred way of handling a caregiver situation if, in fact, the Legislature would want it to go forward with this. And the last sentence of the Bill, Representative Burns, specifically provides that this issue would come back to us and there would be no automatic implementation."
"So, at this point this is just a study Bill. Is that what you're suggesting?"
"That's exactly right, Representative."
"Okay. My understanding is that should the department study this Bill and should we require photos to be on cards, on LINK cards, that it could make it more difficult for families to access benefits."
"Representative, that is not correct. And in fact, if you will read the Amendment, that is part of the study. If you go to Section d… let me just make sure… yeah, Section d of the Amendment specifically requests the department provide us with a process, suggested process, to handle caregivers to make sure that lawfully entitled… legitimately entitled people can still get their groceries if, for example, they couldn't get out of the house. So, let's take a real world example. You're a dutiful grandson, your grandmother can't get out of the house, you want to go get her groceries. Subsection(d) actually asks the department to come back to us with a preferred method for handling that exact 09700041.doc 104 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 situation. And I'll tell you what, Representative, I'll give you my word right here and now that if we can't come up with that, if we can't come up with a way to address that, I won't bring the issue back."
"Can you give us a sense of what the department believes it can do in terms of implementing this kind of program?"
"Well, Representative, it's sort of been a… it's been a two-year ordeal here. It's been sort of a rock and a hard place. For two years, the department said we needed a federal waiver. Turns out, April 6, 2011, the United States Department of Agriculture, we do not need a federal waiver. Right here's the letter from USDA. So, that's what the department said, but we don't actually need it. Then they said, well, it costs too much money. Well, how much does it cost? Well, we don't know. So, the Bill says give us a good faith estimate of what it would cost. Now, the last thing they said, which I agree with, is we have to come up with a process by which to cover caregivers to make sure that, you know, again, grandma can't get out of the house, has a way to get her groceries. And they said, well, we can't do this because of the caregivers. Well, what are your suggestions? Well, they don't give you any. So, last year, I came up with a number of suggestions, first and foremost and probably easiest, would be for nursing homes or developmentally disabled group homes to go ahead and use the benefits of the card which actually they're lawfully entitled to anyway because they're guardians in most cases. So, they'd be entitled to use the benefits anyway. That's an easy one, but I'm somebody who believes you put the 09700041.doc 105 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 experts in a room, give them some time to think about it and sit down and think about it. In this case, they're going to have six months to think about it and report back. If (a), it costs too much money or (b) we don't have a sufficient answer, we don't have to do anything because subsection(e), Representative Burns, specifically states it shall come back to the General Assembly for us to make a decision."
"I understand that now. I have great respect for you, Representative and for your thoughtfulness in what you're trying to do here. My understanding is that by adopting the electronic benefits technology we've already reduced fraud in the program from 3.5 percent to 1 percent over the last 10 years."
"Those are USDA statistics and that's a national average."
"Okay. Well, I mean, that's the data that I have in front of me and I'm not sure that at this point, I mean, with due respect to you, that this Bill is necessary at this time. I mean, I'm very concerned that a number of the groups that we've worked with on antipoverty, antihunger issues. The City of Chicago, a number of different groups are opposed to this Bill and are very concerned about its impact potentially the results and what the study may come up with and that may create a barrier for people to get access to resources. I know what the language of the Bill says, but that's what we're hearing. And it just… if you, very quickly, have any response to that." 09700041.doc 106 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Well, first of all and foremost, the United States Government accounting office says ten and a half percent nationally for welfare in general that fraud… fraud, okay… so, if you apply that measure to the state budget, that'd be $750 million. Now, to be sure, most of what's on a so- called LINK card is USDA although there are other state assistance programs that would be state taxpayer dollars. But nonetheless, federal taxpayers pay taxes too, so these are all taxpayer dollars. I don't see what the efficacy is in handing someone the ability on a weekly basis to trade a card easily for drugs, for cash to buy drugs."
"Well, no one… no one supports that, Representative. And you know, ob…"
"Well, then, this is an easy way to make sure to add an extra line of defense, put a photo ID on it. So, if you're looking around the room and you see Dennis Reboletti, that's Dennis Reboletti or it's not. If it's Unes, then it's Unes."
"To the Bill."
"Mr… please."
"I'll close. To the Bill, Speaker. I'm very concerned about this Bill. With respect to the Sponsor, I didn't a question… answer to my question. I'm very concerned with groups like the Sargent… the Sargent Shriver National Center on Poverty Law, a number of groups that have worked hard to make sure that people have access to benefits within the legal parameters and the groups that have fought against fraud are against this Bill. And for those reasons, I'll be voting 'no'." 09700041.doc 107 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Mr. Dunkin."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Certainly."
"Representative, my colleague asked you some pretty good questions as it relates to the Bill. Can you cite Illinois statistics relating to fraud and abru… fraud and abuse…"
"Well…"
"…at least in 2010 or 2009?"
"Sure. First of all, there is no study and that would be part of our problem. You can look at the United States Government accounting office which, again, says it's ten and a half percent nationally, although that's a national average and they do state in that study from the USGAO that some states, ours, would be higher… have higher rates. Now, again, this is a relatively simple thing. What's… what's the big deal? You can either put it… put a card… a photo on there and then the retail clerk will know whether it's you or not. What's… what's the harm in that?"
"Well, Representative, there's a cost associated with this, correct?"
"Maybe, but the department won't give me an answer…"
"Maybe or yes…"
"…on what that is."
"…or no?"
"Well, Representative, if you read the Bill…"
"I've read the Bill."
"Okay. Well, what's it say about cost?'
"You're not talking about this Bill, Representative." 09700041.doc 108 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"What's it say about the cost, Representative, you asked the question?"
"I'm asking you. You're presenting it."
"Well, because in Section… the Bill specifically provides for them to come back to us with a good faith cost estimate. That's what the Bill does."
"Well, again, do you have any idea of what the cost would be to implement such a program?"
"That's what the Bill does, Representative."
"So, there's no… you're saying that there's zero cost when it comes…"
"Subsection (c)… subsection (c)… I'm answering your question… says specifically within six months of the effective date the department shall provide the Illinois General Assembly, that's us, with a good faith estimate of the costs."
"But going into this, Representative, there is a cost if you're trying to assess a large population. Am I correct?"
"You're not doing anything to a large population, Representative Dunkin. All you're doing in this Bill is giving us a good faith cost estimate of what it might cost and…"
"A good faith cost estimate."
"Yeah."
"What is a good faith cost estimate?"
"Of what it would cost to implement this, if we are…"
"Can you define a good faith cost estimate, Representative? I've never heard the term before." 09700041.doc 109 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Do you… seriously?"
"Seriously?"
"Seriously."
" It's… not in this context."
"Have you ever bought a car? Have you ever bought a home? Have you ever bought a home, Representative?"
"Yes. I'm in the home that I bought, Representative."
"Yes. There's a thing in the title of code that requires a lender to give you a good faith lending estimate of cost."
"Okay. I say…"
"Do you have a credit card?"
"Representative, I asked you…"
"Do you have a credit card?"
"…in the context of… of put…"
"There's a good faith estimate in a credit card, Representative."
"I asked you in the context of a public welfare recipient."
"Let me answer it this way, Representative Dunkin."
"In the context of a public welfare recipient, Representative."
"First of all, this doesn't change…"
"What is good faith estimate?"
"The good faith estimate is what it would cost to implement. That's all we're asking for is what it would cost to implement. Now, if you want to talk costs, the actual Department of Human Services fiscal note says minimal fiscal impact because all they have to do is give 09700041.doc 110 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 us a good faith estimate and sit down and brainstorm a little bit…"
"Representative…"
"…and think about how to handle the caregiver issue."
"Representative, why are so many organizations against this legislation? The Illinois Children… Action for Children, Lutheran Advocacy of Illinois, Lutheran Social Services, Illinois Maternal and Child Health Coalition, the ACLU Ounce of Prevention Process for Common Good, Illinois Hunger Coalition, City of Chicago, Public Health Department of Illinois, IRMA, Illinois Coalition for Immigrant and Refugee Rights, SEIU Health Care, AIDS Foundation of Illinois, Illinois Association of Illinois… of Education for Young Children, National Association of Social Workers…"
"Why are the taxpayers for this Bill, Representative?"
"…Greater Chicago Food Depository."
"Why are the taxpayers for this Bill?"
"Why are they against this legislation?"
"Why are the taxpayers for this Bill?"
"Are you picking on poor people, Representative?"
"Because you know what… you know what, the taxpayers have no… "
"Are you picking on public welfare recipients?"
"Gentlemen… Gentlemen, one at a time."
"…the taxpayers have no legitimate rights…"
"There's… there's some issue… there's something wrong here. Why are you picking on welfare recipients?" 09700041.doc 111 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Whoa. Let's talk about Michigan, Representative. In Michigan, they were college kids."
"Let's talk about Illinois. I don't represent Illinoisans."
"In Michigan, the fraud was being committed by college kids."
"You represent Illinois. Why are you picking on public welfare recipients?"
"Mr. Dunkin, can you bring your remarks to a close, Sir?"
"In Michigan, the fraud was being committed by college kids."
"Yes, Sir. In case you didn't know, some of it…"
"Fraud was fraud."
"Mr. Dunkin…"
"You're making a broad generalization, Representative."
"Mr. Dunkin, can you bring your remarks to a close, Sir."
"Yes. To the Bill. Ladies and Gentlemen, this Bill here is at best a slight, sort of a cold communication, affront to low-income individuals who are on a system who really don't want to be on a system. Most poor people… and by the way I grew up on public welfare… we have Members here who grew up on public welfare. Most public welfare recipients don't want to be on public welfare. And so, to try to stigmatize them, merely because they have a welfare card, is a gross and wrong categorization. It's wrong. There is no issue here. You may find one or two, maybe three incidences here and so, you want to blanket the entire 09700041.doc 112 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 state, try to come up with a dollar figure just to try to instigate a concern or an issue here and fraud is already illegal at all levels, even for professional lawyers, Representative Chapin Rose. So, I would back off and let the system continue to manage and run itself and to deal with some of the issues as it relates to its own internal fraud. Trying to put a photo on the card does what? That's the end result here when you look at this. I would urge all of my colleagues to look at all of the opponents on this legislation and ask yourself, why are they opposed, the real advocates for low-income people. Why are all of them, every… practically every organization that supports people in our district, who run across hard times, are against this Bill. Vote 'no'. Don't vote 'no', vote hell 'no'."
"We've had two speakers in opposition to the Bill. The Chair recognizes Representative Eddy."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative Rose, could you once again explain what your Bill does regarding a photo ID?"
"Sure, it's real simple. All it does… it doesn't implement anything. It just requires the department to get back to us with a legitimate good faith estimate of cost, (1). And (2) a suggestion for how to handle caregiver… use by caregivers of a card… of a benefit of the card. So, if a little grandmother can't get out of her house, she can allow her grandson or next door neighbor or somebody else to go get her groceries. And I… I told the previous speaker that if we can't come up with a solution to the second part 09700041.doc 113 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 of that, which is a legitimate concern, I'm not going to run the Bill again. I won't run it. But for two years now we've sat here and asked people to come up with suggestions and they don't come up with suggestions. So, this gives them six months to come up with suggestions. That's all it does. The last sentence of the actual Bill itself brings it right back to us and we don't have to do anything. We could do something. It could be mo… too expensive. It could be cheap, but all it does is gather facts."
"Representative…"
"Why would anyone be against facts?"
"Well, Representative, I think what I'm understanding you to say is that your primary concern is fraud and the potential for fraud in the system and you're looking for a way that individuals who receive these bene… not that they shouldn't have the benefits, not that they… and really at the end of the day could allow for more of the benefits available to go to those individuals who need them and actually have… they could have more or we could do more for those who need it the most by eliminating fraud. I mean, is that accurate? You're just after fraudulent…"
"Representative, statewide… statewide if you applied some of the metrics that are out there, the State of Illinois spends anywhere from 750 million to a billion and a half dollars a year on fraud… on fraud. I would note that that's about 25 percent of the most recent tax increase. It's well over the Governor's proposed cuts to developmentally disabled providers. It's well over the… the zeroing out of budgets to drug treatment providers in the state. So, if 09700041.doc 114 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 you actually wanted to do some of those things and/or be responsible to the taxpayers in the first place, we ought to be about the business of cutting out fraud."
"Representative, does this apply to your district as well?"
"Applies to every district, Representative."
"Everybody?"
"Yes."
"So, this is just simply an attempt to make sure that the appropriations that we make here are used for the intended purpose and establish or at least allow the department to bring back to us recommendations that we would still have to act on to establish the best use of those resources for those who need it the most."
"And we may decide as a Body that it's too expensive to do. We may decide as a Body that there's no legitimate answer for caregiver and I'll tell you what, I give everyone in this room my word, if there isn't an answer I won't bring it back."
"Very quickly, to the Bill. Ladies and Gentlemen of the House, the Gentleman has what, by all counts, is a very commonsense approach to help solve a problem related to potential for fraud. It's not in any way shape or manner… this is for everyone. This is trying to make sure that a system that's meant to assist people who… that those funds are being used for that purpose. I think it's tremendously reasonable and it's something that will come back here and others who are opposed to any recommendations will certainly have the opportunity, but it never hurts for us 09700041.doc 115 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 to look at ways to make sure money goes to those intended. Vote 'yes'."
"Representative Feigenholtz."
"Thank you, Mr. Speaker. I'd like to put this on unlimited debate. I'd… and will the Sponsor yield?"
"Gentleman yields."
"Yield. Thank you. Representative, do you know how much money the State of Illinois spends on the boot camp program?"
"Well, on the SNAP program, those are USDA federal taxpayer dollars."
"So, would that mean zero?"
"Well, there are other components to the LINK card, but you're ignoring a critical fact, Representative, there are still taxpayers from Illinois who pay those taxes."
"Do you have any examples…"
"So, do you think that… do you think that because it's federal taxpayer dollars that somehow this money just grows on trees and it doesn't come from somewhere?"
"Were you born when the food stamp program was established?"
"No."
"So, do you know why the food stamp program was established?"
"Well, Representative, let me… first of all, if you're going to go down that kind of road, let me tell you something a little bit about myself, okay. And this goes to the previous speaker too. When my mom lost her job, when I was a little tiny kid in about third or fourth grade, we 09700041.doc 116 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 were in this line. Okay. So, I'm not going to take that line of questioning from you or anybody else because I've been there. Now, hang on. I want to say something else about that. You know what my mom did about it? She went out and got a college degree and an MBA on top of it. All right. She boot strapped herself up. Boot strapped herself up from the bottom. Now, you want to know something, that's the people I want to help. And right now, when we're spending a billion and a half dollars on fraud, we can't help anybody. Okay. We've got to help people that legitimately need help. And at the end of the day, all I want to know is can we do this or not? What's the cost?"
"You know, Representative, like your mother, I was in that line, too, when I was in college. Okay. And I picked myself up by my boot straps too. This is a Bill that is the most wasteful spending of our time in State Government. Right now, I have… I have never seen… this actually… you're talking about saving money. Food stamps are a 100 percent entitlement. This Bill is going to spend two to four million dollars and waste a ton of time of the Department of Human Services…"
"Where'd you get that? 'Cause they have a…"
"…in the next six weeks."
"Where'd you get that? Their fiscal note… it's minimal fiscal impact."
"We… we have to apply for a waiver to try and enact this."
"No, you don't actually because on an April 6 letter from the USDA, you don't need a waiver. A state agency, under 09700041.doc 117 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 Section 7(h)(9) of the Act, and federal regulation 7(c) of HR274.12(h)(6) allow… 'allow a state agency to require the EBT card contain a photo of one or more members of your household.'"
"Do you know how much that effort would cost us, Representative Rose?"
"Well, that fiscal note says minimal."
"Two to four million dollars…"
"Fiscal note…"
"…is not minimal."
"I'm reading it. I'm quoting it."
"Our budget in Human Services…"
"I'm quoting it."
"…I enlist you to come into the Human Services appropriations process and understand the value of two to four million dollars in the very lines you were discussing earlier 'cause I real…"
"Fiscal note, House Committee Amendment #1, minimal."
"I petition you in the spirit of brotherhood to take this Bill out of the record."
"Let me ask you something. First of all, let's correct the record. Their fiscal notes says minimal fiscal impact. There's nothing on any two to four million dollars on the Amendment."
"Two to four million dollars."
"That's not what it says, Representative."
"This is wasteful spending, Representative Rose." 09700041.doc 118 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"'House Bill 161 House Amendment 1 has an estimated minimal fiscal impact to the Department of Human Services.' That's their fiscal note."
"The fiscal note that I am reading says that the legislation, if waivered, would have a substantial cost in additional equipment installed in local field offices…"
"You're reading the wrong fiscal note."
"…cameras, software, printers, the cards themselves…"
"You're reading the wrong fiscal note."
"…reoccurring… and reoccurring expenditures. Please do not waste one precious minute of the DHS staff's time."
"Representative…"
"They are trying to figure out how to balance the budget and this is sending us back decades."
"Representative Feigenholtz, can you bring your remarks to a close? Representative Feigenholtz, have you completed your remarks?"
"I have. Please vote 'no'."
"Thank you. Representative Flowers."
"Thank you, Mr. Speaker. Will the Gentleman yield?"
"Gentleman yields."
"Representative, you said earlier in your earlier remarks that someone… a student purchased some beer with his LINK card. Is that what you said?"
"No. In the State of Michigan they took out federal loans for room and board which would include food and then they went and got LINK cards to buy their food and used their 09700041.doc 119 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 student loans to buy beer. There was a… there was a big investigation in the State of Michigan and college kids were found to be… they were on the LINK cards when they were already receiving subsidy for room, board, food, et cetera. So, there was… so, the State of Michigan went through this in the last year and a half."
"So, they used cash. Did they use cash or did they use their LINK card?"
"Cash."
"Okay. So…"
"But they should not have had LINK cards to begin with was the point."
"No. But… but I'm just trying to be clear here."
"Right."
"They used cash to purchase…"
"Yes."
"…the beer."
"Yes."
"So, there was nothing wrong with the cash that they used to purchase the beer. It's the LINK card. So, wait… wait…"
"They should not have had a LINK card, yes."
"Pardon me?"
"They should not have had a LINK card."
"Well, then, that's not… that has nothing to do with this legislation. But now, you're talking about having the photo on the LINK card. Now, is this LINK card used electronically?"
"Well, it's swiped, yes." 09700041.doc 120 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"And so, if your photo is on the electronic card that's swiped into a machine, what is the purpose of the photo?"
"Because the retail clerk…"
"No, no, no…"
"…to look at the card…"
"…no, no, no."
"…and determine whether you're the person or not."
"It is swiped electronically. It is swiped electronically. What is the purpose of putting the photo on the LINK card if it's swiped…"
"To make sure that the user is the leg… is the leg…"
"The machine does not recognize the photo."
"It has nothing to do with the machine."
"It recognize…"
"It's who's operating the machine."
"Pardon me?"
"It's the retail point of sale clerk."
"It can be used electronically. It can be used electronically."
"Right."
"There are stores that do not have a retail clerk standing there. It's for express…"
"Okay, yes."
"…it's the express lane…"
"Right."
"…and you just swipe your card, pack your own groceries and you walk away. Am I correct? Am I correct? Am I correct, Sir?" 09700041.doc 121 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Yes."
"So, my point to you what would be the purpose of the photo on the LINK card?"
"Because if you do… first of all, this is a big 'if'. We don't know what it cost, that's the part of the Bill that we're getting information on."
"No, no, I'm not talking about the cost."
"I know, I know."
"Please don't take me there. My time is limited."
"I'm answering… I'm answering your question."
"I'm merely asking you, what is the purpose of the photo on the LINK card…"
"Because then if we did this…"
"…on the LINK card…"
"…if we did this, it would be the point of sale clerk…"
"Sir, Sir, Sir…"
"…you couldn't use those. You'd have to get a point of sale clerk."
"No clerk, no clerk, no clerk. No clerk at the gas…"
"I answered…"
"I am letting him respond. Sir, this… Excuse me, excuse me. Representative, I'm asking you a question and please, I'm merely asking you, what is the purpose of the photo on the LINK card, if you use it electronically?"
"Because if you implement this, it would… you wouldn't be able to use the check out line without a clerk. You'd have to go to the point of sale clerk, have somebody verify it's the right person so they're not being traded. That's the purpose." 09700041.doc 122 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Is… is that in your Bill? Is that… So, now, you want to tell…"
"That would be step 2."
"Are you going to tell the store owners of this state how to conduct their business?"
"Representative, this Bill has nothing to do with that."
"Sir, I'm…"
"That's step 2, if you get…"
"Is that in the…"
"…if you get a cost estimate."
"…is that in your legislation? I'm… I want to work with you."
"Your question is irrelevant…"
"I want to… I want to help you."
"…because that's the next phase."
"…I want to help you eliminate the fraud and the abuse. So, please tell me how is it by putting your photo on that Link card it's going to save the taxpayers of the State of Illinois any money, how it's going to prevent fraud? I'm merely asking you to show me, so I can… I want to support this legislation…"
"Because Representative…"
"…but I need for you to tell me how. And then more importantly, just one other question."
"Can I answer the question?"
"There are photos on our driver's license. What is stopping the fraud from that, Sir?" 09700041.doc 123 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"There are photos on everything. Why do we have phot… that's a good question. Why do we have photos on everything?"
"That's not the question. That is not the question."
"Why do we require people to show a photo ID to get beer?"
"The question is, how can you prevent the fraud…"
"Mr. Rose."
"Why do we require people to show a photo…"
"Mr. Rose."
"I haven't been able to answer a single question, Mr. Speaker."
"How can you, Sir, if you use…"
"Representative Flowers…"
"Excuse me."
"…please bring your remarks to a close."
"I will bring my remarks to a close. I have been asking for one answer to one question and the question is, if you put your photo on the electronic card and you swipe it, how is that preventing the fraud and there is no… You do not have in your legislation that a human being has to be there to watch it, that's number (1). Number (2) there are photos on the driver's license and the fraud and the abuse have not been prevented from that being used as of this day. So, how is it that you will be saving the taxpayer? If anything, you're creating another job for someone else to benefit from the State of Illinois and cost the state much more money. Thank you very much."
"Mr. Watson." 09700041.doc 124 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Thank you, Mr. Speaker. I move the previous question."
"The Gentleman moves the previous question. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the previous question is put. Mr. Rose to close."
"Mr. Speaker, I want to say thank you for the spirited debate. All this Bill does is find out what it would cost and if there's a way to handle caregivers. It doesn't actually put a photo ID on anything at this point, on anything. It just gives us the information to decide if we want to do that. That's all it does. I'd ask for a verifi… I would ask for a affirmative vote."
"The Gentleman moves for the passage of the Bill. 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? DeLuca, Gordon, Jackson, Rita. Record yourselves. Gordon, Jackson. Please take the record. On this question, there are 64 voting 'yes', 48 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2949, Representative Mussman. Out of the record. How about House Bill 3506, Representative Mussman. Out of the record. House Bill 2555, Mr. Schmitz. Please read the Bill."
"House Bill 2555, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Mr. Schmitz."
"Thank you, Speaker, Ladies and Gentlemen of the House. This Bill would permit non-Home Rule counties with a population of more than 500 thousand and a system of 09700041.doc 125 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 administrative adjudication to collect an administrative tow fee. I'd be happy to answer any questions."
"The Gentleman moves for the passage of the Bill. I… and the Chair recognizes Representative Monique Davis. The Chair recognizes Representative Will Davis. The… All right. And the Chair recognizes Representative Watson."
"I get a…"
"No one wishing to speak on this Bill, 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? Record yourselves. Burke, Currie, Gabel, Osterman, Winters. Please record yourselves. Burke and Gabel. Please take the record. On this question, there are 65 voting 'yes', 48 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Mr. Watson."
"Thank you, Mr. Speaker. A point of personal privilege."
"Please state your point, Sir."
"Ladies and Gentlemen of the House, I realize that that was a heated debate and my intent was as much to protect and help and work with my colleague as it was to move on to business. If I offended you, I apologize. But I do want to say this, we have a lot of tough issues to discuss. We have got to keep this above the board. Chapin Rose is a good man. He is a good man. And his intent was to manage our resources as best as he could. It was not, in spite of anybody and I just… Representative, I just hope as we move 09700041.doc 126 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 forward… as we move forward that we can keep things above the board. Thank you."
"Mr. Winters."
"Thank you, Mr. Speaker. I rise on a point of personal privilege."
"State your point."
"We have with us people from the South Beloit High School, a school base health center, in the gallery from South Beloit High School. Please welcome them to Springfield. Enjoy your trip down here."
"Welcome to Springfield. The Chair recognizes Representative Hatcher."
"A point of personal privilege, Mr. Speaker."
"State your point."
"As many folks here in the Legislature have today and today is Chamber Business Day. I would like you all to recognize and welcome folks from the Oswegoland Chamber of Commerce, the fastest growing district in the state."
"Welcome to Springfield. The Chair recognizes Representative Mell."
"Thank you, Mr. Speaker. A point of personal privilege, real quick."
"State your point."
"I just kind of witnessed something that I found a little disturbing. I, too, was here for that whole debate and I… it was spirited and emotions were high, but I've never seen this before. I haven't been here that long, but you know the Sponsor of the Bill actually came over to our side and stood over my colleague here with his finger in her face. 09700041.doc 127 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 And you know, he's a large man, right, and it was, you know, quite frankly, it was disturbing. And it was intimidating and I thought it was a little bullish. And I just wanted to call that out. Thank you, Mr. Speaker."
"Representative Dugan."
"Thank you, Speaker. Point of personal privilege."
"State your point."
"Up in the gallery and I'm not quite sure where but I also want to recognize the Kankakee County Chamber is here today for Chamber Day, Jaclyn Roof and Erika McGrath. So, if we could please welcome the Kankakee County Chamber, I'd appreciate it."
Speaker Lang: "Welcome to Springfield. Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. In reference to the last debate, I just want to kind of ask a question to the other side about how they want to try to proceed with debating Bills on… or debating issues. I understand that moving the previous question is certainly something that we all have the right to be able to do, but I hope that we can recognize that sometimes there are Bills that should allow anyone who wants the opportunity to speak on a Bill to be able to speak on a Bill. I understand that sometimes the questions, in some respects, may get a little redundant and we all have to bear with that, but as I explained to the Gentleman that my questions were different to the other previous speaker's questions and I just want to make sure that we're not going down that path because I know there are going to be times when there are Bills on this side of 09700041.doc 128 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 the aisle that Members from that side are going to want to talk on and if someone gets up and does that, then somebody's going to say that that's not fair. So, I hope that, moving forward, that unless the Chair determines how the debate will be on a Bill that we're allowed to have every speaker who wants to speak to speak on a Bill and let's not get into that, if that's okay, not only on that side of the aisle but also Members on this aisle… on this side. I want to be clear that we're not getting into that kind of situation as we move forward. We've got two months left and I know the debates are going to get very contentious on not only our appropriations Bills but also our substantive Bills and I just want to make sure that we're not going down that path and that we allow whoever wants to speak to have the opportunity to speak. Thank you very much, Mr. Speaker."
"Mr. Lyons."
"Mr. Speaker, on a point of personal privilege."
"Your point, Sir."
"Ladies and Gentlemen, up in the gallery we have the seventh graders from my home parish of Our Lady of Victory in Chicago. Please give them a big round of applause to OLV. Welcome to Springfield, gang."
"Welcome to Springfield. The Chair recognizes Mr. Eddy."
"Thank you, Speaker. Just very quickly to my friend, Representative Davis's point. Obviously, we want to work together. There are issues though that are going to bring out that type of emotion. We count on, as you do, the Chair 09700041.doc 129 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 in those situations where a Member exercises the right that you… you said that we both have… in this case, it was close. It's a difficult thing I'm sure to decide. At some point or another though, I think that mechanism is necessary, neither side wants to overuse it; we don't intend to, I don't think you have. I think though that sometimes we get into a debate like that and probably nobody's going to change their mind much. I think we probably had a pretty good idea based on the number of people who spoke. Everybody would like to speak and on Bills like that, especially, we see that, but your point is well-taken. That's not the intention. That's not a tactic. It's just, I think, was where we were with that Bill and we respected the Chair's determination of the 'yeas' and the 'nays'. And that is not our intention, Sir."
"Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. I just want to say that I agree with my chairman, Mr. Will Davis that when we have such important contentious issues we must be allowed to speak for our constituents. A very serious point was missed here and that point was according to the law a grandchild can go and use that card for the holder of the card and the fact that fraud has decreased over the past 10 years from 4 percent to 1 percent. It is too bad when all of the information is not allowed to be presented and I'd also ask, Mr. Speaker, that if you're being questioned on a Bill that you may find yourself perturbed but remain respectful to the other Members. I think Ken Dunkin was disrespected creating a lot of yelling and unnecessary contention. And I 09700041.doc 130 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 would just urge, Mr. Speaker, that being fair in the Chair that all of us get to speak on the issues that we feel concerned about because some people had no boots to pull themselves up with. Thank you."
"Representative Stephens."
"A point of personal privilege. I want to take a moment to defend my friend, Representative Rose. He was referred to as a rather large man and I take exception to that. He is only 5 feet and 9 inches tall."
"Thank you for that enlightenment. Mr. Dunkin. Mr. Dunkin does not wish to speak. Let's move on, Members. House Bill 1125, Representative Sente. Out of the record. House Bill 1299, Mr. Verschoore. Please read the Bill."
"House Bill 1299, a Bill for an Act concerning revenue. Third Reading of this House Bill."
"Mr. Verschoore."
"Thank you, Mr. Speaker. This Bill only seeks to correct one issue. Now, when a new fire district is created, there are two votes: one that creates the district and the other one that creates the taxing authority. A few times people vote on… 'yes' on one part and 'no' on the other. This used to happen on school building when they would have a referendum. Yes, build it, but no do not fund it. This combines the question so there's no ambiguity exists. The Bill would combine the questions to get only one answer. I'd be glad to answer any questions. Ambiguity is what I said." 09700041.doc 131 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"The Gentleman moves for the passage of the Bill. This Bill is on the Order of Short Debate. The Chair recognizes Mr. Eddy."
"Thank you… thank you, Speaker. Will the Sponsor yield?"
"Gentleman yields."
"Representative Verschoore, this particular Bill, if I understand it, amends PTELL…"
"Yes, yes."
"…so that whenever there's a referendum question…"
"Right."
"…that establishes any new taxing district that at that same time transparency dictates they also establish the aggregate extension in the same question so they're both together?"
"Exactly."
"The taxpayer Bill, one that improves transparency. That's your intention?"
"Right."
"Does the job…"
"And be able to fun… if you pass the district, to be able to fund it."
"Absolutely."
"Yeah."
"And it does provide that transparency I think that some wondered about. And I think it's a good idea. We support the Bill and I'd certainly urge an 'aye' vote."
"Thank you." 09700041.doc 132 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"This Bill's on the Order of Short Debate. I have two other lights on. We'll acknowledge them and ask them to be brief. Mr. Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields."
"Representative, a few years ago we passed a Bill when there was referendums on the ballot…"
"Mmm mmm."
"…that it would say how much it would cost the typic… a homeowner based on $100 thousand increments. So, if a referendum had passed, for instance, for a school district, and it would say and if this should pass per $100 thousand, it'd cost you an extra 180 bucks or something…"
"Mmm mmm."
"…whatever it might be. And I understand what you're trying to do here where you're combining two questions into one. I'm wondering if you would be amendable in the Senate, 'cause I know we're short of time here in the House, to amend this Bill to also require it in these circumstances with this type of PTELL instance to say how much it would actually cost a homeowner because I think we need to be more transparent and allow people to understand exactly what the cost would be. Would that be something you'd be amendable to doing?"
"I would I guess, Representative Franks, but I guess how would we be able to tell a homeowner because I think it's based… I mean, in my township it's based on the number of population, so I don't know how you'd be able to come down with an exact figure." 09700041.doc 133 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Well, they do it now."
"They do?"
"For instance, if there's a referendum for a school, it's required, you voted for it. It's on… and it's the law. But what I wanted to say is if it's good for one taxing district, I think it should be good for other taxing districts that are seeking referendum."
"I don't have a problem with that."
"Okay."
"I don't have a problem with that. I'll talk to the person that brought this to me, the firefighters and ask them to work with the Senate Sponsor, whom I don't know who that is yet."
"Okay. Well, thank you very much."
"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? Mr. Saviano. Please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Williams."
"Thank you, Mr. Speaker. Point of personal privilege."
"Please state your point."
"I just wanted to take a moment to welcome my friend, Brian O'Connell, who's in the gallery to Illinois. And congratulation… and congratulate him on the birth of his first daughter, Erin Jo. Welcome Brian." 09700041.doc 134 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Congratulations. House Bill 1125, Representative Sente. Please read the Bill."
"House Bill 1125, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Representative Sente."
"Thank you, Chairman… Speaker, I mean. So, we have… Amendment 1 and this extends the sunset for 10 years. There's a sunset on House Bill 1125 for well water and pump installation contractors. There are no opponents and this is the regular professional license renewal. It's $100 a year."
"Lady moves for the passage of the Bill. And on that question, the Chair recognizes Representative Dunkin. This Bill is on the Order of Short Debate."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Lady yields."
"No."
"To my seatmate down here. Representative, why 10 years?"
"This is pretty standard for a professional license, Representative Dunkin. We review these annually… or every once in a while when they sunset."
"This is pretty standard for well water… water well and pump installation?"
"It's pretty standard for all professional license. It's similar in my own industry in architecture."
"How long does an attorney have to… how long is their license renewed?"
"I don't know." 09700041.doc 135 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"What about a physician?"
"I did not do research on all the…"
"What about a plumber?"
"…professional licenses."
"What about electrician?"
"I answered those questions."
"Representative, you said this is standard."
"You have anything else, Representative?"
"I mean, I sit next to you. You didn't share this Bill with me, Representative?"
"Pardon?"
"You didn't tell me any of the details of this legislation and you didn't even ask me for my vote. What should I do?"
"Vote 'yes'."
"Vote 'yes'?"
"Correct."
"How many times?"
"As often as you like."
"Just wait. This is not Chicago, this is Springfield."
"One."
"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Mr. Dunkin may vote twice. Have all voted who wish? Hatcher, Rose. Mr. Rose. Please take the record. On this question, 113 voting 'yes', 1 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3156, Representative Senger. Out of the record. House Bill 2984, Representative 09700041.doc 136 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 Sosnowski. Out of the record. House Bill 309. Representative Tryon. Please read the Bill."
"House Bill 309, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Representative Tryon."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 309 is an expansion of the Illinois Transparency Portal that was approved two years ago. And what this will do it will add to that portal a Section under the local initiative Sunshine Act so when we have Member Initiative projects, they would be listed by name, by district and searchable in the database. We, in the House, have always disclosed in the budget Bill or at least in the last budget Bills that we had Member Initiative projects and that has been transparent to everybody. I would answer any questions and if there are no questions, I would urge an 'aye' vote."
"The Gentleman moves for 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? Hatcher, Osterman, Tryon. You might want to vote for your own Bill, Sir. The Clerk will take the record. On this question, 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. And the person who's either always last or first, Representative Zalewski, House Bill 1973. Out of the record. Members, we're going to take care of this level of priority Bills on Second Reading, be prepared to move your Amendments. Please 09700041.doc 137 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 pay attention. The first Bill is House Bill 2583, Mr. Brauer. Mr. Brauer. Out of the record. House Bill 2392, Mr. Connelly. Out of the record. House Bill 3283, Mr. Mathias. Please read the Bill."
"House Bill 3283, a Bill for an Act concerning criminal law. The Bill was read for a second time on a previous day. No Committee Amendments. Floor Amendment #1, offered by Representative Mathias, has been approved for consideration."
"Mr. Mathias."
"Thank you, Mr. Speaker. Floor Amendment #1 adds to the Bill. It just deletes a provision that, at the request of the ACLU, which stated that that provision would be contrary to Federal Law. And so, as a result of that, this Amendment removes that provision."
"The Gentleman moves for the adoption of the Amendment. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. House Bill 3315, Representative Mulligan. Out of the record. House Bill 3012, Representative Osmond. 3012. Please read the Bill."
"House Bill 3012, a Bill for an Act concerning civil law. Second Reading of this House Bill. Committee Amendment #1 was tabled. Floor Amendment #2, offered by Representative Osmond, has been approved for consideration."
"Representative Osmond." 09700041.doc 138 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Thank you, Mr. Speaker. The… this Bill deals with Innkeepers Lien Act. And the Amendment is brought forth by the Horsemen's Council of Illinois and it actually provides that stable owners will have a lien on the cost of unpaid boarding and related expenses for the horse that is being kept there."
Speaker Lang: "The Lady moves for the adoption of the Amendment. There being no debate, 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."
"Third Reading. House Bill 2397, Mr. Eddy to handle for Mr. Cross. Please read the Bill."
"House Bill 2397, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Cross, has been approved for consideration."
"Mr. Eddy."
"Thank you. This Amendment makes a couple of technical changes to the Students With Diabetes Act. And I would be happy to answer any questions and request its approval."
Speaker Lang: "Gentleman moves for the adoption of the Amendment. There being no debate, 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."
"Third Reading. House Bill 2386, Mr. Ramey. Read the Bill, please." 09700041.doc 139 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"House Bill 2386, a Bill for an Act concerning State Government. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1 has been referred to committee. No Floor Amendments are approved for consideration. No Motions are filed."
"Third Reading. House Bill 2050, Mr. Reboletti. Out of the record. House Bill 2046, Representative Roth. Please read the Bill."
"House Bill 2046, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1490, Mr. Saviano. Out of the record. House Bill 2267, Representative Sommer. Mr. Sommer. Please read the Bill."
"House Bill 2267, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. Floor Amendments 1 and 2, they're referred to the Rules Committee. Floor Amendment #3, offered by Representative Sommer, has been approved for consideration."
"Mr. Sommer."
"Thank you, Mr. Speaker. Amendment 3 addresses persons who are multiple offenders of the Vehicle Code regarding being an uninsured motorist. This talks about those who are… have been convicted three or more times and sets those fines and also those persons who have caused a bodily injury in the course of those violations and sets that fine also." 09700041.doc 140 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"The Gentleman moves for the adoption of the Amendment. 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."
Speaker Lang: "Third Reading. House Bill 2558, Mr. Tryon. Please read the Bill."
"House Bill 2558, a Bill for an Act concerning local government. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1 has been referred to committee. No Floor Amendments have been approved for consideration. No Motions are filed."
"The Gentleman wishes the Bill to be taken out of the record. Returning to Third Readings briefly, House Bill 2984, Mr. Sosnowski. Please read the Bill."
"House Bill 2984, a Bill for an Act concerning education. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed. Oh…"
"That was on the Order…"
"Third."
"…of Third Reading, Mr. Clerk. Please read the Bill on Third Reading."
"House Bill 2984, a Bill for an Act concerning education. Third Reading of this House Bill."
"Thank you. Mr. Sosnowski."
"Thank you. This is a Bill which takes a step back from the 96th General Assembly last year in which vouchers were discussed for possibility in Chicago Public School 09700041.doc 141 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 District. This would simply ask the Governor, General Assembly, and other organizations including the Illinois Education Association to submit members for a… basically an advisory committee to look at the possibility of creating a program and what type of program could be created that would be acceptable to everybody."
"The Gentleman moves 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? Record yourselves, Members. Chapa LaVia, Crespo, Farnham, Hatcher, Osterman. Please record yourselves. Chapa LaVia, Osterman. Please take the record. On this question, there are 94 voting 'yes', 17 voting 'no', 2 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Returning to the Order of Second Reading, House Bill 929, Representative Dan Burke. Out of the record. House Bill 3342, Representative Kelly Burke. Out of the record. House Bill 340, Representative Chapa LaVia. Out of the record. Representative Chapa LaVia's in the center aisle. Do… Out of the record. How about House Bill 595, Representative Chapa LaVia. Out of the record. House Bill 830, Representative Dunkin. Representative Dunkin on 830. Out of the record. House Bill 1265, Representative Dunkin. Out of the record. House Bill 1534, Mr. Farnham. Mr. Farnham. Out of the record. House Bill 3199, Representative Golar. Please read the Bill."
"House Bill 3199, a Bill for an Act concerning revenue. Second Reading of this House Bill. Amendment #1 09700041.doc 142 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1384, Representative Gordon. Out of the record. House Bill 1241, Representative Hernandez. Out of the record. House Bill 908, Representative Howard. Out of the record. House Bill 3377, Representative Howard. Please read the Bill."
"House Bill 3377, a Bill for an Act concerning finance. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Howard, has been approved for consideration."
"Representative Howard."
"Thank you very much, Mr. Speaker. House Bill 3377 provides that special attention be given to entities that have budgets of less than $1 million within depressed areas. It also tells what the duties of the treasurer are… the State Treasurer in relationship to this committee. And also it talks about how the committee conducts its business."
Speaker Lang: "The Lady moves for the adoption of the Amendment. There being no discussion, those in favor of the Amendment 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."
Speaker Lang: "Third Reading. The Chair recognizes Representative Golar." 09700041.doc 143 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Thank you, Mr. Speaker. I have two points of interest. One is for House Bill 2984 I would like the record to reflect that I am a 'no'."
"The record will reflect your intentions."
"And my second is that on House Bill 3199, if you could hold that on Second, please."
"Mr. Clerk, please return House Bill 3199 to the Order of Second Reading at the request of the Sponsor. The next Bill is House Bill 212, Mr. Jones. Please read the Bill."
"House Bill 212, 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 are filed."
Speaker Lang: "Third Reading. House Bill 1651, Mr. Lyons. Please read the Bill."
"House Bill 1651, a Bill for an Act concerning regulation. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Lyons, has been approved for consideration."
"Mr. Lyons."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #1 is basically agreed language by the IBA and most of the players that are involved in this Bill. I'd be happy to answer questions for it, but I'd ask the Amendment be adopted. We'll discuss it on Third Reading."
"The Gentleman moves for the adoption of the Amendment. Those in favor say 'yes'; opposed 'no'. In the 09700041.doc 144 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. House Bill 3300, Representative McAsey. Please read the Bill."
"House Bill 3300, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative McAsey, has been approved for consideration."
"Representative McAsey."
"Thank you. Floor Amendment #1 amends the language of House Bill 3299 to House Bill 3300, both concern the rights of victims. And this particularly changes the definition of 'victim' of violent crime. I ask for the adoption of the Amendment."
Speaker Lang: "The Lady moves for the adoption of the Amendment. There being no debate, those in favor shall say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. House Bill 786, Representative Phelps. Out of the record. House Bill 2842, Mr. Verschoore. Please read the Bill."
"House Bill 2842, a Bill for an Act concerning transportation. Second Reading of this House Bill. Committee Amendment #1 has been tabled. Committee Amendment #2 was adopted. No Floor Amendments. No Motions are filed." 09700041.doc 145 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Third Reading. On the Supplemental Calendar #1, under the Order of Resolutions, appears House Resolution 236, Representative Currie."
"Thank you very much, Speaker and Members of the House. This Resolution recognizes April 12, 2011 as Pay Equity Day. For the average woman working outside the home, it takes all of 2010 and until April 12, 2011 to earn as much as a standard male employee earned during the year 2010. So, I'd appreciate your support for this Resolution reminding us that we have a lot of work still to do to make for real equality in the workplace."
Speaker Lang: "The Lady moves for the adoption of the Resolution. And on that question, the Chair recognizes Representative Stephens. You're not wishing to speak on this, Sir? Those in favor of the Resolution say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. The Chair recognizes Representative Stephens."
"Well, thank you, Mr. Speaker. Ladies and Gentlemen of the House, April 12 is a significant day already in American history. Today the first shots were fired on Fort Sumter which began the Civil War. And I… you know, there's not a lot we should… we can agree on in this chamber, but America suffered under that war for almost five years and we are better for it. We… a lot happened in those years. Slavery came to an end. Men and women who disagreed so much on issues that they… their sons and daughters fought on different sides. We… we pay homage to troops here on an individual basis on a frequent… frequently and that is as 09700041.doc 146 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 it should be. But there were 600 thousand Americans who died in the Civil War. No nation has ever paid a price defending itself from itself in that manner. And I… I think maybe a moment of silence for those who gave the ultimate sacrifice in the Civil War is in order."
"Someone's asked for a moment of silence."
"Thank you, Ladies and Gentlemen."
"Members, we're continuing on your priority Bills and we're going back to Bills on Second Reading. And I'm starting with the Bills on the Republican side of the aisle on Second Reading, so please be prepared. The first Bill is House Bill 1569, Representative Bellock. Out of the record. House Bill 2590, Mr. Bost. Please read the Bill."
"House Bill 2590, a Bill for an Act concerning corrections. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Bost, has been approved for consideration."
"Mr. Bost. Mr. Bost."
"Can we take it out of the record just for a moment."
"Please take it out of the record, Mr. Clerk. House Bill 3180, Mr. Cavaletto. Out of the record. House Bill 3182, Mr. Fortner. Mr. Fortner. Out of the record. House Bill 1307, Mr. Moffitt. Mr. Moffitt. Out of the record. House Bill 1070, Representative Pihos. Representative Pihos. Out of the record. Mr. Bost has asked us to go back to House Bill 2590. Please read the Bill, Mr. Clerk."
"House Bill 2590, a Bill for an Act concerning corrections. Second Reading of this House Bill. No 09700041.doc 147 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 Committee Amendments. Floor Amendment #1, offered by Representative Bost, has been approved for consideration."
"Mr. Bost."
"Thank you, Mr. Speaker. The Amendment becomes the Bill. Basically what it does is it discourages any contractual… private contractual agreements for the operation of local correctional facilities in our counties."
"The Gentleman moves for the adoption of the Amendment. There being no debate, those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. House Bill 2953, Mr. Rose. Mr. Rose. Out of the record. House Bill 1353, Mr. Pritchard. Please read the Bill."
"House Bill 1353, a Bill for an Act concerning education. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Mr. Fortner's returned to the chamber. House Bill 3182, Mr. Fortner. Please read the Bill."
"House Bill 3182, a Bill for an Act concerning State Government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 3372, Mr. Fortner. Please read the Bill." 09700041.doc 148 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"House Bill 3372, a Bill for an Act concerning local government. Second Reading of this House Bill. Amendments 1 and 2 were adopted in committee. Floor Amendment #3, offered by Representative Fortner, has been approved for consideration."
"Mr. Fortner."
"Thank you, Speaker, Members of the House. Floor Amendment 3 represents agreed language with the Illinois Association of Realtors. I move for its passage."
Speaker Lang: "Gentleman moves for the adoption of the Amendment. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Moving to the Democratic side. Members… and Republican side, we'll get back to you, don't leave. House Bill 2193, Representative Mendoza. Please read the Bill."
"House Bill 2193, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Mendoza, has been approved for consideration."
"Representative Mendoza."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, Amendment #1 to House Bill 2193 becomes the Bill. And what it does is this Bill deals with the terrible and tragic circumstances revolving an acid attack. In the City of Chicago… actually several acid attacks… but this is an 09700041.doc 149 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 incident that is growing on a yearly basis not just in Illinois but also across the United States of America. What this Bill would do is that it would limit the easy access to the purchase of… actually caustic substances that, immediately upon contact with the flesh, tear into and destroy the flesh. This Bill, the genesis of it, revolves around a woman by the name of Esperanza Medina who was attacked a couple years ago in the community of Logan Square by a… by a group of teenagers who threw sulfuric acid at her and it completely ruined her face and the largest part of her body, her arms, her chest, her back, her neck and its damage that is just irreparable. She's had 17 skin grafts which has led us to this Bill today. What this would do is if you were to go into a hardware store or a store where you could purchase sulfuric acid and it would be labeled as a poisonous substance with the skulls and crossbone label and additionally contain an affirmative statement that this product causes severe burns and if you were to purchase that product, you would have to then sign a registry and show identification at the time of purchase. This Amendment is the result of working with the Illinois Retail Merchants Association so that they could be unopposed to the Bill. And we will be making a couple minor changes that they requested in the Senate. One of them would be to move the effective date of this Bill to six months from its passage so that they can have time to work out the registry issues with the State Police and the retailers. And another would be to deal with the fine components of this which, under the current Bill, is a 09700041.doc 150 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 $1500 fine for violation of this Act. They would request that we make a three-tiered fine: 500 for the first offense, 1,000 for the second and 1500 for the third which I'm happy to do as well in the Senate with an Amendment. And the third is to separate those six instances in which individuals would not be held liable for possession or sale of a caustic substance as long as it's not done with the intent to cause bodily harm or injury or distress to the victim. So, I would certainly ask for your adoption today of this very important piece of legislation which will hopefully serve as a deterrent to anyone who has a nefarious purpose when purchasing a very, very serious compound like sulfuric or muriatic acid."
Speaker Lang: "The Lady moves for the adoption of the Amendment. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Floor Amendments have been approved for consideration. No Motions are filed."
"Third Reading. House Bill 1600, Mr. Ford. Please read the Bill."
"House Bill 1600, a Bill for an Act concerning health. The Bill was read for a second time on a previous day. No Committee Amendments. Floor Amendment #1 has been adopted. Floor Amendment #2, offered by Representative Ford, has been approved for consideration."
"Mr. Ford." 09700041.doc 151 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Thank you, Mr. Speaker and Members of the House. I move to adopt House Amendment #2. It removes 99.9 percent of the opposition. And I'd like to move it to Third."
"The Gentleman moved for the adoption of the Amendment. There being no debate, those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. House Bill 1218, Mr. Zalewski. Please read the Bill. House Bill 1218, Mr. Clerk."
"House Bill 1218, a Bill for an Act concerning revenue. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Zalewski, has been approved for consideration."
"Mr. Zalewski."
"Thank you, Mr. Speaker. I wish to adopt Floor Amendment #2."
"Maybe you'd like to tell us what it is, Sir."
"Floor Amendment #2 is a page and line Amendment that addresses the size of county, who has to do an automated sale versus who can be allowed to videotape the tax sale."
Speaker Lang: "Gentleman moves for the adoption of the Amendment. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Mr. Clerk."
Clerk Bolin: "Floor Amendment #3 offered by Representative Zalewski."
"Mr. Zalewski." 09700041.doc 152 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Floor Amendment #3, Mr. Speaker, simply sets forth a publication notice for seeking judgment on a delinquent property, moves that to all counties publish notice 30 days prior to seeking the judgment."
"The Gentleman moves for the adoption of the Amendment. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Mr. Clerk."
Clerk Bolin: "Floor Amendment #4 offered by Representative Zalewski."
"Representative Zalewski."
"Mr. Speaker, I wish to table Floor Amendment #4."
"The Gentleman tables Amendment #4. Mr. Clerk."
"No further Floor Amendments have been approved for consideration. No Motions are filed."
"Third Reading. House Bill 3005. Excuse me. Mr. Clerk, the Sponsor wishes to hold the Bill on the Order of Second Reading. House Bill 3005, Mr. Zalewski. Please read the Bill."
"House Bill 3005, a Bill for an Act concerning parentage. Second Reading of this House Bill. Amendment #1 was tabled. Committee Amendment #2 has been adopted. Amendment #3 has been tabled. Floor Amendment #4, offered by Representative Zalewski, has been approved for consideration."
"Mr. Zalewski."
"Thank you, Mr. Speaker. I wish to adopt House Floor Amendment #4. It simply clarifies that fathers currently charged, convicted or plead no contest to the offenses 09700041.doc 153 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 included in the Bill are… that's what is applied and it bar… the bar is applicable regardless of whether the… That's good enough."
Speaker Lang: "Gentleman moves for the adoption of the Amendment. 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."
"Third Reading. House Bill 3424, Mr. Biss. Mr. Biss. Out of the record. House Bill 203, Mr. Burns. Mr. Burns. Please read the Bill."
"House Bill 203, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1309, Mr. DeLuca. Mr. DeLuca. Out of the record. House Bill 3469, 3469, Representative Gordon. Out of the record. House Bill 1370, Mr. Holbrook. Out of the record. House Bill 3045, Representative Jakobsson. Out of the record. House Bill 3118, Mr. Jefferson. Out of the record. House Bill 301, Mr. Mautino. Out of the record. House Bill 1355, Representative May. Representative May. Please read the Bill."
"House Bill 1355, a Bill for an Act concerning revenue. Second Reading of this House Bill. Amendments 1 and 2 have been tabled. Committee Amendment #3 was adopted. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 3292, Representative McAsey. Please read the Bill." 09700041.doc 154 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"House Bill 3292, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 3336, Representative Nekritz. Out of the record. House Bill 1674, Representative Nekritz. Out of the record. House Bill 3634, Representative Osterman. Out of the record. House Bill 700, Representative Smith. Do you wish to move your Bill, Sir? Please read the Bill."
"House Bill 700, a Bill for an Act concerning regulation. The Bill was read for a second time on a previous day. No Committee Amendments. Floor Amendment #1 has been adopted. No Floor Amendments have been approved for consideration. No Motions are filed."
"Third Reading. House Bill 1167, Mr. Verschoore. Out of the record. House Bill 3390, Representative Williams. Please read the Bill."
"House Bill 33… House Bill 3390, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1476, Representative Flowers. Please read the Bill."
"House Bill 1476, a Bill for an Act concerning professional regulation. The Bill was read for a second time on a previous day. Amendment #1 was adopted in committee. Floor Amendment #2 has been referred to 09700041.doc 155 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 committee. No Floor Amendments have been approved for consideration. No Motions are filed."
"Third Reading. Moving back to Third Reading Bills, Representatives, the first one is House Bill 1652, Representative Bellock. Out of the record. House Bill 3308, Representative Hatcher. Out of the record. House Bill 181, Representative Osmond. Out of the record. House Bill 8, Representative Ramey. Please read the Bill. No, changes his mind at the last moment. Out of the record. House Bill 1914, Representative Rosenthal. Out of the record. House Bill 2915, Mr. Tryon. Please read the Bill."
"House Bill 2915, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Mr. Tryon."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This, again, is another Bill that expands our transparency website that will include information on pension costs and rate of pay as long as create a Section that all grants that are available for people to apply to would be also on the database. And the information would be downloadable off of the website into a comma separated file. If there are any questions, I'd be glad to answer them, if not, I'd urge an 'aye' vote."
"Gentleman moves for the passage of the Bill. This is on Short Debate. The Chair recognizes Representative Nekritz."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." 09700041.doc 156 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Representative, I… my understanding… I've been trying to watch this a little bit because it's my understanding when the Governor set up his website to seek input from the public on the budget last year, that he had to shut it down because of the inappropriateness of the comments and they had to, like, hire a full-time staff person to sit there and screen the comments all day. Is that the kind of thing that could happen with this as well?"
"Well, it's designed… if you… for people to make comments more or less so they can get help if they need it and somebody would answer their request. If they're looking for information, they don't know how to access that they make, may be able to get help in a users… by like a user form like you would in a website that you might get on and have a help section. That was the intent of that."
"And so those com… would those comments go to a… essentially a help desk then and would those be seen by everyone? Are they… are they…"
"That… that's… that would be something that would be open for CMS. They don't have to be seen by everybody. That's not the purpose of this."
"Okay."
"This is just to take comments and hopefully make it easier to use."
"Okay. Fine. 'Cause I… 'cause I could see…"
"That's not supposed to be like a blog or anything like that."
"…but if the result of this is that we have to either take a state employee and devote them to watching this 09700041.doc 157 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 website full-time so that they can keep the inappropriate stuff off, then that's a different ques… that, to me, is a problem. But if it's simply to provide some assistance and it… and we have the option of not making it widely available to every member of the public, then that's a different story."
"Yeah. This is not intended to be comments that everybody reads like a blog."
"Thank you."
"Okay."
"Gentleman moves for the passage of the Bill. Those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Members, record yourselves. Saviano. Please take the record. On this question, 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1195, Representative Monique Davis. Representative Davis. Out of the record. House Bill 440, Representative Berrios. Out of the record. House Bill 865, Mr. D'Amico. Please read the Bill."
"House Bill 865, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Mr. D'Amico."
"Thank you… thank you, Mr. Speaker. What this Bill does is it just requires law enforcement to check off on a box whether a cell phone was involved when there was an accident. I request… I req… ask for an 'aye' vote." 09700041.doc 158 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Gentleman moves 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? Cole, Rose, Soto, Verschoore. Mr. Rose. Please take the record. On this question, 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 653, Greg Harris. Out of the record. House Bill 2043, Representative Hernandez. Please read the Bill."
"House Bill 2043, a Bill for an Act concerning aging. Third Reading of this House Bill."
"Representative Hernandez."
"Thank you, Speaker. House Bill 2043 is from the Department of Aging. The Bill is a cleanup proposal to address audit findings regarding the senior pharmaceutical assistance review committee. The committee has not met since 2006 as many of the services designated to the committee are already done within the department and other agencies. This Bill would remove the quarterly meetings and annual report requirements and instead require to meet and issue reports at the call of the cochairs. I ask for your support."
"The Lady 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? Burke, Chapa LaVia, Mell. Representative Mell. Please take the record. On this question, there are 114 voting 'yes', 0 voting 09700041.doc 159 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1368, Mr. Holbrook. Please read the Bill."
"House Bill 1368, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Mr. Holbrook."
"Let's pull this from the record. There's a Bill in committee today… an Amendment."
"Bill will be removed from the record. House Bill 2066, Representative Jakobsson. Representative Jakobsson. Out of the record. House Bill 3593, Representative Mussman. Out of the record. House Bill 1296, Mr. Osterman. Mr. Osterman, 1296, Sir. Out of the record. House Bill 1639, Mr. Rita. Out of the record. House Bill 171, Representative Thapedi. Out of the record. House Bill 414, Mr. Turner. Mr. Turner. Out of the record. House Bill 1731, Representative Yarbrough. Out of the record. House Bill 2991, Representative Zalewski. Please read the Bill."
"House Bill 2991, a Bill for an Act concerning revenue. Third Reading of this House Bill."
"Mr. Zalewski."
"Thank you, Mr. Speaker. House Bill 2991 is an initiative of the Illinois Department of Revenue. The department simply seeks to update the way it audits and maintains those involved in the maintenance of vending machines. I ask for an 'aye' vote. And be happy to take any questions."
"Gentleman moves for the passage of the Bill. There being no debate, those in favor of the Bill vote 09700041.doc 160 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 '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. On this question, there are 114 voting 'yes', 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1291, Mr. Beiser. Please read the Bill."
"House Bill 1291, a Bill for an Act concerning land. Third Reading of this House Bill."
"Mr. Beiser."
"Thank you, Mr. Speaker. House Bill 1291… 1291 is the IDOT land conveyance. It's property that IDOT originally acquired for highways and is no longer needed. They are located in eight different counties. They have the appraised value and the total is $119 thousand. I'd be happy to answer any questions. And ask for an 'aye' vote."
"Gentleman moves 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? Representative Currie. Representative Currie. Please take the record. On this question, there are 111 voting 'yes', and 3 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1310, Mr. DeLuca. Mr. DeLuca. Mr. DeLuca. Out of the record. The Chair recognizes Representative Osterman."
"Thank you, Speaker Lang. A point of personal privilege. Ladies and Gentlemen of the House, tomorrow evening we're going to partake in an annual event which is to play a softball game against the Senate. Typically, we 09700041.doc 161 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 would practice but because this last election brought a lot of young, fresh legs, on both sides of the aisle, we are going to skip that and just play the game tomorrow. So, if there's anybody that wants to partake, we'll have shirts and jerseys, the game's at 5:00 tomorrow. And we look forward to everybody coming out and having a good time."
"Anyone who has seen this team play knows they play the same with or without practice, Sir. On the Order of Second Reading appears House Bill 2058, Mr. Arroyo. 2058. Out of the record. On the Order of Second Reading appears House Bill 612, Representative Berrios. Representative Berrios. Out of the record. House Bill 3265, Representative Golar. Please read the Bill."
"House Bill 3265, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 3189, Mr. Jones. Out of the record. House Bill 1439, Representative Mautino. Out of the record. House Bill 3299, Representative McAsey. Representative McAsey. Out of the record. House Bill 3434, Representative Williams. Representative Williams. Out of the record. House Bill 3157, Representative Zalewski. Representative Zalewski. Out of the record. House Bill 2942, Representative Bellock. Out of the record. House Bill 1307, Mr. Moffitt. Please read the Bill."
"House Bill 1307, a Bill for an Act concerning transportation. The Bill was read for a second time on a 09700041.doc 162 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 previous day. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1362, Mr. Moffitt. Out of the record. The Chair recognizes Representative Zalewski."
"Thank… thank you, Mr. Speaker. Is the… is House Bill 3157 on Second Reading?"
"Mr. Clerk, what is the status of House Bill 3157?"
"House Bill 3157 is on the Order of House Bills- Third Reading."
"Mr. Zalewski."
"Mr. Speaker, may I roll that Bill back to Second…"
"Why not."
"…for an Amendment?"
"Mr. Clerk, put that on the Order of Second Reading at the request of the Sponsor. House Bill 3127, Representative Hatcher. Representative Hatcher. Out of the record. House Bill 3636, Mr. Rose. Mr. Rose. Out of the record. House Bill 2193, Representative Mendoza. Representative Mendoza. Please read the Bill. 2193, out of the record. We moved it to Third today. House Bill 224, Representative Flowers. Please read the Bill."
"House Bill 224, a Bill for an Act concerning insurance. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Flowers, has been approved for consideration."
"Representative Flowers." 09700041.doc 163 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Thank you, Mr. Speaker. Floor Amendment #1 would establish an independent external review process for certain decisions and also, this Bill conforms with Illinois with existing internal and external review process with the Federal Government. And I'll be more than happy to answer any Bill… any questions you have regarding the Bill."
Speaker Lang: "The Lady moves for the adoption of the Amendment. There being no discussion, those in favor will vote 'yes'… those in favor say 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Members, turning to page 27 on the Calendar, under the Order of Resolutions, there appears House Joint Resolution 13. Representative Riley. Out of the record. House Resolution 4, Representative Cole. Representative Cole. Out of the record. House Resolution 10, Representative Flowers. Representative Flowers."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move for the adoption of House Resolution #10. And it deals with the mortgage foreclosures crisis. And it has deepened after it was disclosed that the several… that several large home mortgage lenders utilized procedures that were legally insufficient to support foreclosures. And afterwards problems were revealed about the manner in which the foreclosure affidavit was processed, the uncertainty about the true ownership of mortgages and the questionable legal standings of these entities that initiated 09700041.doc 164 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 foreclosure proceedings. Two of the nation's largest residential lenders announced that they were establishing and beginning to… a self-imposed mortgage foreclosure. And I would move for the adoption of the Resolution."
Speaker Lang: "The Lady moves for the adoption of the Resolution. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. House Resolution 13, Jerry Mitchell. Out of the record. House Resolution 43, Representative Chapa LaVia. Representative Chapa LaVia."
"One second, Speaker. I'm trying to put up my laptop."
"Before you begin, Representative. If you have a Resolution that's on page 27 or 28, please come to the floor, Members. Please proceed."
"This House Resolution urges the State Board of Education to consult with the executive director of the Illinois Council of Developmental Disabilities and representatives of entities that promote awareness about autism. And I would ask for its adoption."
Speaker Lang: "The Lady moves for the adoption of the Resolution. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. House Resolution 45, Mr. Ford."
"Thank you, Mr. Speaker and Members of the House. I move for the adoption of House Resolution 45. It urges Congress to prevent residential foreclosures by offering home modifications to the homeowner first before they proceed with a short sale. Thanks." 09700041.doc 165 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"The Gentleman moves for the adoption of the Resolution. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. House Resolution 60, Mr. Biss."
"Thank you, Mr. Speaker. I move the adoption of House Resolution 60 which concerns the federal regulatory regime over toxic substances. The Toxic Substance Control Act is the current piece of federal statute that relates to this matter. It was passed in 1976, has not been amended since and has not really been an adequate tool to deal with the variety of potentially toxic chemicals in the marketplace. This Resolution simply calls upon the Federal Government to update and overhaul and improve that piece of legislation."
"The Gentleman moves for the adoption of the Resolution. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. House Resolution 86, Mr. Crespo. Mr. Crespo. Out of the record. House Resolution 96, Representative Gabel. Please… proceed."
"Thank you, Mr. Speaker. This Bill congratulates Northwestern students for their amazing dance marathon that they did last month. They raised over a million dollars for, I think, the Heart Association and for Children's Memorial Hospital. Thank you."
Speaker Lang: "The Lady moves for the adoption of the Resolution. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. House Resolution 102, Mr. Stephens. Mr. Stephens. Out of the record. House Resolution 117, 09700041.doc 166 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 Representative Golar. Representative Golar on House Resolution 117. Please proceed, Representative Golar."
"Thank you, Mr. Speaker. House Resolution 117, this Resolution is an apology for the State of Illinois and I'm very pleased to carry it putting this Resolution in front of the colleagues and this Legislature especially since Illinois today ranks third in 50 States in the number of individuals with a developmental disabilities. We also rank high in the institutionalization of individuals between the ages of 25 and 55 with mental illness, hopefully, addresses with the Williams case settlement, physical disabilities and traumatic brain injury. Illinois can and must do better. I have two suggestions and I used those in the Amendment. I'm sure that you're aware that we have 12 states that have no one with developmental disabilities residing in a public institution bed and another 10 states are working on transitioning about a hundred people remaining in institutions in each of these states. In August 2010, the State of Michigan became the first state to have no one living in a public or private ICS or a DD. They are all closed. The second is to specify that this Resolution is something that we should all be proud of. Proud in the way that for years we institutionalized people that should not have been institutionalized. This is an apology for the State of Illinois. It gives us the ability now to say we did some things that we should not have done, but right now, we're on the brink of recovery. I would urge an 'aye' vote for this Resolution. Thank you." 09700041.doc 167 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
Speaker Lang: "The Lady moves for the adoption of the Resolution. On that question, the Chair recognizes Representative Verschoore."
"A point of personal privilege, Mr. Speaker."
"Can you just hold that 'til we're finished with this Resolution, Sir?"
"Sure."
"Put your light back on so I don't forget you. The Chair recognizes Representative Bellock."
"Thank you very much, Mr. Speaker. And to the Resolution. I want to thank Representative Golar for doing this Resolution because Illinois does rank 51 in being one of the worst states in having people institutionalized in our… for mentally ill people and developmentally disabled. We have the Re… we have the Resolution for the blueprint. We have the blueprint that we did before. We know how we can close state institutions and this is an initiative of our state to go forward with taking our people out of institutions and giving them community settings especially by what was ruled by the federal courts in the Olmstead decision. Thank you."
"Those in favor of the Resolution so say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. The Chair recognizes Representative Verschoore."
"Thank you, Mr. Speaker. Point of personal privilege. We have a large contingent for my Quad City Chamber of Commerce down here today and four of them are 09700041.doc 168 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 directly behind me. I'd like everyone to give them a warm welcome."
"Welcome to Springfield. House Resolution 144, Representative Chapa LaVia."
"Thank you, Speaker and Members of the House. House Resolution 144 was brought to me by the school district and the Navy League as far as urging the President of the United States… I'm sorry… urging the President and the Secretary of the Navy to name one of their newest LCL cruiser ships under constitution as the… under construction as the U.S.S. Aurora in honor of the City of Aurora and many contributions we've made. I'll take any questions. Ask for its adoption."
Speaker Lang: "The Lady moves for the adoption of the Resolution. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. House Resolution 147, Representative Bellock."
"Thank you very much, Mr. Speaker. House Resolution 147 designates the month of what… January as Cervical Health Awareness Month in the State of Illinois and encourages all the citizens of the state to recognize the importance of good cervical health and of detecting cervical cancer. Cervical cancer is the only cancer right now that we can eliminate in our lifetime. So, I appreciate your support. Thank you."
Speaker Lang: "The Lady moves for the adoption of the Resolution. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the 09700041.doc 169 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 Resolution is adopted. House Resolution 148, Representative Bellock."
"Thank you very much, Mr. Speaker. House Resolution 148 is to clarify that this is Diabetes Awareness Month, April. Thank you very much."
"Those in favor of the Resolution say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. House Resolution 164, Representative Pihos. Out of the record. House Resolution 102, Mr. Stephens."
"Thank you, Mr. Chairman… Mr. Speaker. The Resolution simply urges the State of Illinois to support the Illinois War of 1812 Bicentennial Commission in their efforts to recognize their upcoming anniversary. Move its adoption."
"The Gentleman moves for the adoption of the Resolution. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. House Resolution 4, Representative Cole."
"Thank…"
"Representative Cole."
"Sorry, Mr. Speaker. Thank you. House Resolution 4 asks for a report from the Illinois Board of Higher Education regarding tuition rates at other flagship universities throughout the Midwest in comparison to the University of Illinois. I ask for its adoption."
"Lady moves for the adoption of the Resolution. This Resolution will require a Roll Call. Those in favor vote 'yes'; those opposed vote 'no'. The voting is open. 09700041.doc 170 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 Have all voted who wish? Have all voted who wish? Have all voted who wish? Berrios, Bost, Burke, Jefferson, Mendoza, Soto, Williams. Soto, Williams. Please take the record. On this question, 113 voting 'yes', 1 voting 'no'. And the Resolution is adopted. Mr. Clerk, House Bill 3308, Representative Hatcher. Please read the Bill."
"House Bill 3308, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Representative Hatcher."
"Thank you, Mr. Speaker. House Bill 3308 simply codifies what we're already doing that IDOT will continue to include the locations of all refueling stations that provide E85 blended fuel or biodiesel fuel. It's put in the state maps that are printed every two years. There's no additional cost to this."
"The Lady 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? Have all voted who wish? Berrios, DeLuca, Soto. Berrios. Please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, there's a Motion on House Joint Resolution 28 by Mr. Colvin to suspend the posting requirement. Mr. Colvin."
"Thank you, Mr. Speaker. I move that we suspend the posting requirement so that House Joint Resolution 28 can be heard in committee." 09700041.doc 171 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011
"Those in favor of the Gentleman's Motion shall say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Motion carries. Mr. Clerk, Agreed Resolutions."
"Agreed Resolutions. House Resolution 261, offered by Representative Cross. House Resolution 263, offered by Representative Crespo. House Resolution 264, offered by Representative Franks."
"Representative Lyons moves for the adoption of the Agreed Resolutions. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Agreed Resolutions are adopted. Attention, Members. With regard to Amendments, for about the fifth time, Members should plan on getting all substantive Amendments filed by tomorrow at noon. Substantive Amendments filed by tomorrow at noon, technical Amendments by Thursday at noon. As you know, we have a Friday deadline. If you want your Amendments heard in committee, make sure they're filed by tomorrow at noon. Mr. Clerk, committee announcements."
"The following committees will meet immediately upon adjournment. Counties & Townships in Room 115; Health Care Availability & Access in Room 118; Human Services in Room C-1; Insurance in Room 114; Judiciary II-Criminal Law in Room 122B. The following committees will meet one-half hour following Session. State Government Administration in Room 118; Health & Healthcare Disparities in Room C-1; and Labor Committee in Room 114."
"Members, the Clerk did say immediately following Session those committees start, immediately following 09700041.doc 172 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 Session. Additionally, on the pink sheet you received it appears that Session's at 10 a.m. That is incorrect. Session is at 11 a.m. tomorrow. And now, allowing for perfunctory time for the Clerk, Representative Lyons moves that the House stand adjourned 'til Wednesday, April 12 at 11 a.m. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Motion carries and the House does stand adjourned 'til tomorrow at 11 a.m."
"House Perfunctory Session will come to order. Committee Reports. Representative Verschoore, Chairperson from the Committee on Counties & Townships reports the following committee action taken on April 12, 2011: recommends be adopted Floor Amendment #2 to House Bill 503. Representative Greg Harris, Chairperson from the Committee on Human Services reports the following committee action taken on April 12, 2011: recommends be adopted Floor Amendment #2 to House Bill 1958. Representative Monique Davis, Chairperson from the Committee on Insurance reports the following committee action taken on April 11, 2011: recommends be adopted Floor Amendment #3 to House Bill 1284. Representative Howard, Chairperson from the Committee on Judiciary II-Criminal Law reports the following committee action taken on April 12, 2011: recommends be adopted Floor Amendment #1 to House Bill 1237. Representative Dugan, Chairperson from the Committee on State Government Administration reports the following committee action taken on April 12, 2011: recommends be adopted Floor Amendment #1 to House Bill 332. 09700041.doc 173 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 41st Legislative Day 4/12/2011 Representative Osterman, Chairperson from the Committee on Labor reports the following committee action taken on April 12, 2011: recommends be adopted Floor Amendment #2 to House Bill 2607. First Reading of Senate Bills. Senate Bill 62, offered by Representative Mathias, a Bill for an Act concerning government. Senate Bill 63, offered by Representative Franks, a Bill for an Act concerning elections. Senate Bill 87, offered by Representative Monique Davis, a Bill for an Act concerning regulation. Senate Bill 168, offered by Representative Tracy, a Bill for an Act concerning State government. Senate Bill 621, offered by Representative Chapa LaVia, a Bill for an Act concerning education. Senate Bill 664, offered by Representative Jakobsson, a Bill for an Act concerning regulation. Senate Bill 953, offered by Representative Holbrook, a Bill for an Act concerning transportation. Senate Bill 1034, offered by Representative Yarbrough, a Bill for an Act concerning criminal law. Senate Bill 1684, offered by Representative Mathias, a Bill for an Act concerning local government. Senate Bill 1697 (sic-1967), offered by Representative Cunningham, a Bill for an Act concerning education. First Reading of these Senate Bills. There being no further business, the House Perfunctory Session will stand adjourned." 09700041.doc 174