Speaker Lyons: "Good afternoon, Illinois. Your House of Representatives will come to order. Members are asked to please be at your desks. We shall be led in prayer today by Pastor Greg Taylor, who is with the First Christian Church in Clinton, Illinois. Pastor Taylor is the guest of Representative Bill Mitchell. Members and guests are asked to please refrain from starting their laptops, turn off all cell phones and pagers, and rise for the invocation and the Pledge of Allegiance. Reverend Greg Taylor."
"Let us pray. Lord, we thank You so much for this day that You've blessed us with. We thank You for the land in which we live, the land of the free, where we are governed by ourselves, by our elected officials. I thank You for each and every woman and man that stands before us, that has been given this incredible task of leadership. I pray that You would bless them, that You would give them wisdom and discernment to do what is right, that as they do what is right, they would serve all the citizens of the State of Illinois, from North to South, from East to West. We thank You most of all today for the blessings You poured upon us. Help us to return the blessings to others. It's in Your name that we pray, Amen."
"Leader Skip Saviano, would you lead us in the Pledge of Allegiance?"
"I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all." 09700111.doc 1 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012
"Roll call for Attendance. Leader Barbara Flynn Tur… Currie, Democrats."
"Thank you, Speaker. Please let the record show that not a single House Democrat is excused today."
"Thank you, Leader. Leader Michael Bost, GOP."
"Thank you, Mr. Speaker. Let the record reflect all Republicans are present and ready to do the work of the people."
"The whole gang is here. Representative Colvin, Jakobsson and Rose, if you'd like to record yourselves so we could get the number 118 on the Roll Call. Mr. Clerk, take the record. There's 118 Members prepared to do the work of the State of Illinois. We do have a quorum. Representative Saviano, we have guests from Elmwood Park, from St. Celestine. Representative Skip Saviano."
"Yes. Thank you, Mr. Speaker. Members of the House, if I could have your attention. This is… I want… I want to introduce you… introduce to you a very accomplished group of young women. I'm joined here by Senator Harmon and soon to be Senator Mulroe, in congratulating the St. Celestine's girl's 8th grade basketball team. Let me… let me tell you a little something about these young ladies. They… these ten young ladies have been playing together since the fifth grade. That's four years. The record that they have compiled over those four years is that they're 150 to 0. Actually, 151 to 0. They've been featured on the Today Show. Girls, could you stand up? They've been featured on the Today Show. On… and… and on top of that, I'm also proud to say that they all achieved honor roll status while being 09700111.doc 2 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 successful in sports. They are… they are Judi Aldape, Kaitlin Aylward, Jennifer Carvajal, Desiree Diaz, Shannon Faherty, Emily McCarthy, Sarah McKee, Anne McKenna, Victoria Nega, and Elizabeth Ptack, and they're lead by their coach John McKenna. Girls, congratulations."
"Representative Saviano moves for the passage of House Resolution 791. All those in favor signify by saying 'yes'; those opposed say 'no'. And in the opinion of the Chair, the 'ayes' have it. And House Resolution 791 is unanimously passed. Thank you, St. Celestine. As a graduate of St. Celestine in 1965, welcome to your Capitol. Congratulations, ladies. Representative Chapin Rose, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. Point of personal privilege."
"Please proceed, Chapin."
"Ladies and Gentlemen, if I could have your attention please. We have yet another one of our American heroes from Illinois with us in the gallery today. In the upper chamber here is my friend, Gary Markwell, from Brockton, Illinois. Gary, if you would stand please. Ladies and Gentlemen, if I have your attention, please. Thank you. Ladies and Gentlemen, Mr. Gary Markwell in the… the Gallery up here is a veteran, not only from the Vietnam era, but also from the Cold War era. Mr. Markwell is a four-year veteran of the United States Navy Submarine Corp. He would often deploy for months at a time. We just had a nice chat, and he recounted how the Russians would always try and find them, but they never did. So, on behalf of the people of Illinois, Mr. Markwell, on behalf of our State Legislature, 09700111.doc 3 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 we want to welcome you here today, and we all want to wish you the very best and a big thank you, for not only your service to the people of Illinois, but your service to our entire country. Can we please give Mr. Markwell the round of applause that he deserves."
"Gary Marshall(sic-Markwell), thank you for a job well done. Welcome to your Capitol. Mr. Clerk, Committee Reports."
"Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, reports the following action taken on March 06, 2012: recommends be adopted, referred to the Floor is Floor Amendment #1 to House Bill 4022; Floor Amendment #1 to House Bill 5099. Representative Dugan, Chairperson from the Committee on Agriculture & Conservation, reports the following committee action taken on March 06, 2012: do pass Short Debate is House Bill 3796; House Bill 3880; House Bill 4063; House Bill 4717; House Bill 5100; House Bill 5115; House Bill 5145; House Bill 5340; House Bill 5522; House Bill 5565, House Bill 5612; House Bill 5649; House Bill 5745; House Bill 5789; House Bill 5893; House Bill 5913: do pass as amended Short Debate is House Bill 4901: do pass as amended Short Debate is House Bill 5353. Representative Monique Davis, Chairperson from the Committee on Insurance, reports the following committee action taken on March 06, 2012: do pass Short Debate is House Bill 3812: do pass as amended Short Debate is House Bill 5555. Representative Beiser, Chairperson from the Committee on Transportation: Regulat… Regulation, Roads & Bridges reports the following committee 09700111.doc 4 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 action taken on March 06, 2012: do pass Short Debate is House Bill 4444, House Bill 5180: recommends be adopted is House Joint Resolution 63, House Joint Resolution 64, and House Resolution 814. Representative Flowers, Chairperson from the Committee on Health Care Availability and Accessibility, reports the following committee action taken on March 06, 2012: do pass Short Debate is House Bill 4074. Representative Berrios, Chairperson from the Committee on Consumer Protection, reports the following committee action taken on March 06, 2012: do pass Short Debate is House Bill 5025; House Bill 5844: do pass Standard Debate is House Bill 57… correction, House Bill 5470: do pass as amended Short Debate is House Bill 5747: recommends be adopted is Floor Amendment #1 to House Bill 5211. Representative Zalewski, Chairperson from the Committee on Elections & Campaign Reform, reports… reports the following committee action taken on March 06, 2012: do pass Short Debate is House Bill 5201; House Bill 5202, House Bill 5203, and House Bill 5207. Representative Riley, Chairperson from the Committee on Cities & Villages, reports the following committee action taken on March 06, 2012: do pass Short Debate is House Bill 4715: do pass as amended Short Debate is House Bill 4018; House Bill 5257; House Bill 5547; House Bill 5814. Representative Chapa LaVia, Chairperson from the Committee on Elementary & Secondary Education, reports the following committee action taken on March 07, 2012: do pass Short Debate is House Bill 4043; House Bill 5602: do pass as amended Short Debate is House Bill 3826; House Bill 5114; House Bill 5263: do pass as amended Standard Debate 09700111.doc 5 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 is House Bill 5290: recommends be adopted is House Joint Resolution 51; House Joint Resolution 67; House Resolution 781. Representative Greg Harris, Chairperson from the Committee on Human Services, reports the following committee action taken on March 07, 2012: do pass Short Debate is House Bill 3915; House Bill 4073; House Bill 4566; House Bill 5009; House Bill 5134; House Bill 5633; House Bill 5641; House Bill 5679; House Bill 5849; House Bill 5904: do pass as amended Short Debate is House Bill 1666; House Bill 3893; House Bill 4070; House Bill 4541; House Bill 4563; House Bill 5330; House Bill 5485: do pass as amended Short Debate is House Bill 5906; 50… House Bill 5909: do pass as amended Standard Debate is House Bill 5196: recommends be adopted is House Resolution 744 and House Resolution 783. Representative Zalewski, Chairperson from the Committee on Health Care Licenses, reports the following committee action taken on March 07, 2012: do pass Short Debate is House Bill 4126; House Bill 4582; House Bill 4593; House Bill 5050; House Bill 5051; House Bill 5109; House Bill 5451; House Bill 5548; House Bill 5752; House Bill 5775: do pass as amended Short Debate is House Bill 4520; House Bill 4… 5435; House Bill 5528; and House Bill 5880. Representative Nekritz, Chairperson from the Committee on Judiciary I - Civil Law, reports the following committee action taken on March 07, 2012: do pass Short Debate is House Bill 174; House Bill 3867; House Bill 4129; House Bill 4134; House Bill 4695; House Bill 5190; House Bill 5314; House Bill 5434; House Bill 5482; House Bill 5646; House Bill 5823; and Senate Bill 1127: do pass as 09700111.doc 6 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 amended Short Debate is House Bill 3940; House Bill 3945; House Bill 4665; House Bill 5062; House Bill 5179: do pass as amended Short Debate is House Bill 5332 and House Bill 5629. Representative D'Amico, Chairperson from the Committee on Transportation: Vehicles & Safety reports the following committee action taken March 07, 2012: do pass Short Debate is House Bill 3890; House Bill 5146; House Bill 5384; House Bill 5493; House Bill 5608; House Bill 5630; House Bill 5662; House Bill 5780; House Bill 5863: do pass as amended Short Debate is House Bill 1986; House Bill 3844; House Bill 4583; House Bill 4984; House Bill 4988; House Bill 5021; House Bill 5073; House Bill 5214: do pass as amended Short Debate is House Bill 5624. Introduction of Resolutions. House Resolution 843, offered by Representative Howard, is referred to the Rules Committee."
"Representative Fred Crespo, on a Motion."
"Thank you, Speaker. I'd like to move to suspend the posting requirements for the Department of Agriculture to present their budget in the General Services Appropriations Committee this afternoon. We've talked to our Republican counterpart and they're fine with that."
Speaker Lyons: "The Gentleman makes the Motion. Seeing no objections, all those in favor say 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and the Motion carries. Representative Currie on a Motion."
"Thank you, Speaker and Members of the House. I move to suspend the posting requirement, so that House Bills 2986, 3902, 3926, 4040, 5171, 5436, and 5613 can be heard 09700111.doc 7 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 immediately in the Elections Committee; and House Bill 5236 in the Counties and Townships Committee."
"Heard the Lady's Motion, seeing no objection, all those in favor signify by saying 'yes'; those opposed say 'no', and the Motion carries. Representative Cavaletto moves to table House Bill 4654. Seeing no objection, all those in favor to table the Bill signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And House Bill 4654 is tabled. Representative Patti Bellock, on page 5 of the Calendar, on the Order of House Bill-Second Readings, you have House Bill 4548. What's the status on that Bill, Mr. Clerk?"
"House Bill 4548, a Bill for an Act concerning public health. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been approved for consideration. No Motions are filed."
"Hold that Bill on the Order of Second Reading. Representative Lang has House Bill 4570. What's the status on that Bill, Mr. Clerk?"
"House Bill 4570, a Bill for an Act concerning finance. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Out of the record. Ladies and Gentlemen, we're going to be working on Third Readings, starting on page 8 of the Calendar. For the most part, we'll go down with the exception of a few Bills. So, first Bill, Representative Jehan Gordon, you have House Bill… on the bottom… on the middle of page 8 of the Calendar, House Bill 1384. Out of 09700111.doc 8 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 the record. Representative Farnham, you have House Bill 1535. Keith Farnham. Out of the record. Representative Dan Burke. Representative Flowers. Representative Mary Flowers. You have on the Order of Third Reading, House Bill 2065, Mary, 2065. Mary, are you going to call the Bill? Read the Bill, Mr. Clerk."
"House Bill 2065, a Bill for an Act concerning insurance. Third Reading of this House Bill."
"Representative Flowers."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 2065 would amend the Medical Malpractice Act, and it would allow the patients to… the hospitals to put up signs saying that they cannot be discriminated against and that the patients that are… that are in the hospitals, they will know that they're not there for observation, that they are actually a patient in the hospital. There was an article in the Tribune, a couple of years back, and over 320 thousand people received observation care in the hospital. They actually thought they were in the hospital, but according to the Bill, they were not. And this would make it plain and clear that if you are a patient in the hospital, you are a patient in the hospital, and that you're not there for observation and, therefore, the insurance can pay the bill. And I would be more than happy to answer any questions you may have in regards to House Bill 2065."
"The Chair recognizes the Gentleman from DuPage, Representative Dennis Reboletti."
"Thank you, Speaker. Will the Sponsor yield?" 09700111.doc 9 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012
"The Sponsor yields."
"Representative, it is my understanding that you were going to hold this Bill and talk to some of the opponents before you ran the legislation on the Floor. That was my understanding. I think that some of the other committee Members would attest to that."
"Representative, and please forgive me if I am… I thought that was… this is not the Bill I passed out last night. You're talking about…"
"This…"
"This…"
"…you passed this maybe last week, I think."
"Okay. Mr… Mr. Speaker, would you pull this Bill out of the record for a minute please?"
"Thank you."
"Mr. Clerk, take the Bill out of the record. Representative Mike Unes, on the Order of Third Readings, you have House Bill 2562. Read the Bill, Mr. Clerk."
"House Bill 2562, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Unes." Unes: Thank you very much, Mr. Speaker. House Bill 2562 very simply states that for the Illinois Police Training Act Board, that one of the members that the Governor appoints will be a member of the Chiefs' Association, or the Sheriffs' Association. This is an Agreed Bill with the Police Training Board, and I know of no opponents. And I urge an 'aye' vote." 09700111.doc 10 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012
"You've heard the Gentlemen's explanation. Seeing no discussion, the question is, 'Should House Bill 2562 pass?' All those in favor vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Crespo, Dunkin, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 117 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Leader Acevedo, you have on the Order of Third Reading, Sen… House Bill 2912. Out of the record. Representative Naomi Jakobsson, on the Order of Third Readings, on the bottom of page 8, you have House Bill 3045. Out of the record. Representative Michelle Mussman, on the bottom of page 8, you have House Bill 3506. Out of the record. Representative Dan Beiser, last Bill on page 8 of the Calendar is House Bill 3801, Dan. Read the Bill, Mr. Clerk."
"House Bill 3801, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
Speaker Lyons: "The Gentleman from Madison, Representative Beiser."
"Thank you Mr. Speaker. House Bill 3801, as amended, creates the offense… criminal offense for failure to report the disappearance of a child. It's a Class 4 felony. It has a 48-hour reporting period, and it's basically a response to the Caylee Anthony case in Florida."
"You've heard the Gentlemen's explanation. Are there any questions? Seeing… The Chair recognizes the Gentleman from DuPage, Representative Dennis Reboletti." 09700111.doc 11 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012
"Thank you, Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, we had this conversation in committee, and I know that Representative Franks has a Bill that we had worked on to try to tighten up some of the requirements as far as when to… when a parent or guardian had to make contact with law enforcement. And I know that your's a little bit different. I… I would hope that we can all come together on… on one Bill, instead of sending two Bills over to the Senate. I know that they have some things… what does your Bill speak to when it comes to children under the age of two, or is it… does it… is it based off of how old the child is?"
"I want… yeah, I believe it says one year. But, before I… before I answer the question, Dennis, let me just say this. I know we did have that discussion's accurate. The Representative thanks has a… Franks has a very strong Bill that I'll be supportive of also. As you may have alluded to, I don't know if… and if I heard it correctly in your comments, when these Bills go to the Senate, we really don't know what's going to happen. I'd prefer to have two different Bills over there. One that has its provisions, and the ones like this provision. It's more of a… just to get more bites of the apple so we make sure we get something done."
"And… and I can appreciate that, I just want to make sure whatever version of Caylee's Law we pass is… is very tight constraints, and based off the age of the child, and making sure that as far other time constraints, that we 09700111.doc 12 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 look at it from the perspective of when a parent or guardian knew or should have known that the child was missing, in danger, or deceased. So, I want to make sure that no matter what version we end up with, that we see that type of language in there."
"Yes. I agree."
"Thank you, Representative."
"The Chair recognizes the Gentleman from Cook, Representative Jim Durkin."
"Will the Sponsor yield?"
"The Sponsor yields."
"Representative, there's a lot of Bills that are in response to this Caylee's Law. Let me ask you this; I am a parent, if I… my child disappears, or in the worst case scenario, my child is… I know of their death. I'm going to be extremely distraught, and the last thing on my mind is going to be calling the police. I'm going to, one, if my child is missing, I don't care what these laws say, I'm going to do everything I can to scour my neighborhood as fast as I can with thinking about finding my child, calling my neighbors. Is those the individuals, if the one hour passes, are those the ones who are going to be subject to a Class 4 felony? I don't see an exception for someone who's in a… this distraught parent or guardian, or care-taker."
"I would agree. We don't have a… a exemption, however, I think the thought was… I mean, I know, myself, as a parent also… obviously, they're older now, but my first thought would be law enforcement, almost in a simultaneous manner." 09700111.doc 13 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012
"Some people will have a different of opinion on that, is that they are going to just take it upon themselves. So, I think that we need to be very careful about throwing felonies and charging people with felonies in situations where someone's state of mind is not one which is going to immediately say, I need to call the authorities. My first response is that I'm going to find out, call neighbors, where was my child at? I'm going to do whatever I can to try to secure the location, to find my child. So, I… this Bill, obviously, is going to pass, but we need to be very careful with these things about… thinking about exceptions, and also those situations where the distraught parent has taken on some type of action in which they are proactive in trying to find that child. And also, it mean… you know, if I find that my child has suffered a… a death, the last thing I'm going to do… I could be… again, I'm extremely distraught. I'm not going to care about calling a police or… I… I just think that there are exceptions that we have not considered, which we are going to hold individuals who do not have a malevolent intent. We are going to hold them accountable to felonies. So, please consider that after we pass this Bill. I know there's other one's that are coming forward, but we have to be very careful to think of the situations that we're trying to correct, and the ones that we possibly could have unintended consequences. Thank you."
"Representative Beiser to close."
"Yeah, a point well taken, Representative Durkin. And it's a twenty-four hour period if they're missing. It is a one-hour period upon a death. So, I don't know if that has… 09700111.doc 14 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 answers any… or clarifies that but I… again, that points out a good point… a good point of discussion, that possibly, when it goes to the Senate, we could address that, or something coming from the Senate over here, also. But I would simply ask for an 'aye' vote."
"The question is, 'Should House Bill 3801 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Acevedo, Crespo, Mary Flowers, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 118 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Starting on the top of page 9 of the Calendar, so you have a Bill there, heads-up, we're going to run down it. Representative Jack Franks, you have House Bill 3804. Read the Bill, Mr. Clerk."
"House Bill 3804, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Representative Jack Franks."
"Thank you, Mr. Speaker. As my friend Mr. Beiser just talked about in the previous Bill, the tragic events surrounding the two-year old Caylee Anthony's death, captivated the nation last summer and pointed out a gaping hole in our child negligence statute. Currently, in Illinois, it's not a criminal offense if a parent or guardian fails to report the death or disappearance of a child. And, unfortunately, it sometimes takes situations like what we witnessed in Florida, to close holes in our 09700111.doc 15 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 criminal code, and that's what this Bill aims to do. It's a product of months of work with interested parties, and I believe this is one of the best Bills in the country that stemmed from this regrettable situation. Specifically, it would be a felony for a parent, guardian or caretaker of a child under 13 to fail to notify a law enforcement within twenty-four hours of a child's disappearance. If the individual knows, or should have known, the child is in danger. Now, our legislation makes it a felony if a person fails to report the death or disappearance of a child. And under this Bill, the parents would have an affirmative obligation. And in the case… and this is how it differs from the previous Bill. In the case of a child under two- years old, the reporting requirement is reduced to no more than one hour. The legislation also lays out a series of situations in which the reporting deadlines would not apply, given extenuating circumstances. Furthermore, providing false information during a missing child investigation would also constitute a felony offense. Though it may seem untenable that any parent would fail to report their child's death, unfortunately, it appears that we need a criminal law that requires it. I want to let you know how much I appreciate my cosponsor, Mr. Reboletti's help, in drafting a Committee Amendment to make this Bill better. Mr. Sacia was also of much help. And I also want to thank Chairwoman Howard. We worked to incorporate the feedback from the Cook County Public Defender's Office to tighten up the Bill, leading the public offender to become neutral. The Police Benevolent and Protective Association 09700111.doc 16 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 is also a proponent. I believe that this law will serve as a model for the rest of the nation. I'll be happy to answer any questions."
Speaker Lyons: "You've heard the Gentleman's explanation. Is there any discussion? Representative Reboletti."
"Thank you, Speaker. To the Bill. I know we just had the discussion with Representative Beiser's Bill, but I want to point out to the Body that the important part here is, when you look at the age of the child, as Representative Franks and I have talked about for the last few weeks, is that it's very difficult for a two-year old to go anywhere on their own. And that's where we made the one-hour requirement, or, that a parent or guardian knew or should have known, that the child was in a… was either deceased or had been missing. And the other issue is that we don't have a timeframe for any other age because we want to give parents or guardians an opportunity to try to find their child without automatically calling 9-1-1. And, there are situations where a five-year-old may run outside and hide, hide somewhere in the house, and you can't find the child, but after some time and some searching, you're able to ascertain the whereabouts. So, I think that this is… this legislation is pretty tight with respect to the language, that it gives a flexibility to the prosecutors need for a… adding this charge on but at the same time, does not require that parent's who are actively trying to seek their children are… are charged with felonies. So, thank you very much, and I'd ask for your support." 09700111.doc 17 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012
"Representative Franks moves for the passage of House Bill 3804. All those in favor of its passage signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Colvin, Jerry Mitchell, Turner. Mr. Clerk, take the record. On this Bill, there's 118 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Marlow Colvin, you have House Bill 3875. Read the Bill, Mr. Clerk."
"House Bill 3875, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Leader Marlow Colvin."
"Thank you, Mr. Speaker. I have for the full House to consider, House Bill 3875, which would extend the ability of the RTA to issue, sell, and deliver specified additional working cash notes. In other words, we're trying to simply extend the RTA's short-term borrowing power for an additional two years. Currently, we all know this fiscal situation here in the State of Illinois, and the State of Illinois is way behind in providing those dollars to help fund the day-to-day operations of the RTA and its service boards, as… being the CTA Metro and PACE. To help move those 8 million people around the Northeast Region of Illinois, it's imperative that they have money to meet their day to day operational expenses. This Bill cost the state taxpayers no additional dollars. It simply extends the borrowing authority another two years. This is the 09700111.doc 18 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 third time which they've made this request. And I would ask for an 'aye' vote, and will take any questions."
Speaker Lyons: "The Gentlemen from Lake, Representative Ed Sullivan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I'm just trying to get to what we have done in the past and why we're here today, for the Body to understand this. We have done this in the past with a limited authority to, in essence, let them pay their operations because they're behind… the State is behind in what they're paying them."
"That is correct."
"Okay. And so, we… we put a sunset on this…"
"Yes."
"…so, in general, we sunset it because, potentially, things will get better and then we won't need this bond authority in the future."
"That's correct."
"Okay. And so, you are just simply asking for a reauthorization of bond authority that we have allowed previously."
"That's correct."
"Okay."
"This will be the third such extent… this will be the second such… such extension. Correct."
"Exactly. And so, in the future, God willing, things get better in the State, we will not need this bond 09700111.doc 19 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 authority, and it's your intention to let it expire someday down the line, as circumstances prevail."
"Well, this Bill also has a sunset in it. And to your point, we all hope I… I know and believe that things will get better fiscally, and the State will meet its obligations to those service boards, but until such time, the RTA still has to provide those services to the 8 million people who rely on it every year."
"Thank you. Mr. Speaker, to the Bill. I rise in support of this… the Gentleman's Motion… or the Gentleman's Bill. The other caveat here is, if we don't pass this, and then they have to use operational funds, you're going to see massive problems in the agencies. And the reverse effect could happen, that potentially, we will have problems with their bonding authority and their… with their level of debt and credit rating. So, this is a… is a good measure. It's well thought out, and I urge an 'aye' vote. Thanks."
"Representative Will Davis." Davis, W.: "Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." Davis, W.: "Just have one question, Representative. Does this Bill eliminate the RTA?"
"No, it does not, Representative." Davis, W.: "I'm very sorry to hear that. Thank you very much, Representative."
"Representative Colvin moves for the passage of House Bill 3875. All those in favor signify by voting 09700111.doc 20 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 65 Members voting 'yes', 51 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Jim Durkin, you have House Bill 3923. Read the Bill, Mr. Clerk."
"House Bill 3923, a Bill for an Act concerning government. Third Reading of this House Bill."
"Representative Jim Durkin."
"Thank you, Mr. Speaker. This is one of what will be many Bills over the next year that will address some of the issues that we've experienced with the problems, with the College Illinois program. There will be a number of Bills that we are going to… to slowly make modest changes to, and… and structural changes, to ISAC and how they administer this program, but this is one which I believe is important. This is a transparency Bill. Currently, under the Illinois Open Meetings Act, the discussion and the recommendation of securities or allocations from the trust fund are exempt from the public disclosure. We are changing that. This is a matter which is agreed upon by the Illinois Student Assistance Commission, the board, Kim Hubbard. And, I will stand for any questions."
"Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields." Davis, W.: "Representative, and I think I understand why you're focusing so much on College Illinois, but does this Bill 09700111.doc 21 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 impact any other similar style meetings that involve any of the other investments of the State of Illinois?"
"No. This is strictly limited to the prepaid tuition college program." Davis, W.: "Okay. Why not be inclusive of all those meetings that address any of the investments of the State of Illinois so that they are open in that sense?"
"Because I haven't looked at what the other investment to the Illinois Board of investments. I haven't…" Davis, W.: "I'm…"
"…studied… I have not studied what the Illinois Board of Investment does with their investment decisions. This is narrowly focused to a problem which I… which I researched extensively. I, quite frankly, I think if we're going to bring in the other investment bodies in the State of Illinois, we're going to have a problem passing this Bill. This is limited to one area which has caused some concern. Some 55… 35 thousand families in the State of Illinois are concerned about their investment. So, I think this is a first… this is a first good start. I… I understand what you're saying, and I would recommend you put a Bill in and I could work with you on that, but this is narrowly focused towards the College Illinois Program." Davis, W.: "Well, but… all I'm saying, and I'm not disagreeing with your intent, but if the idea is to look at the investments of the State of Illinois, and… and to shed that light and provide that sunshine on all of those investments, who knows what may be happening on with any of the other boards. And so, I'm just simply saying that if 09700111.doc 22 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 we're going to take this one step, why not take a second step and just include everything else. Now, while I wouldn't ask you to pull this Bill from the record and amend it, but you can work on it in the Senate. Is that something that you consider in the Senate and…"
"I would consider it, but I'm not going to make a promise, but I… but I will consider that. And this would have to be a broader discussion with the Governor's Office and also, the bodies who are involved with investments; whether it's with the Illinois Housing Development Authority and, I think, Illinois Finance Authority and other entities that do make allocations for investments. You raise a good point. That's something we'll… I will bring to the attention of the Governor's Office." Davis, W.: "Okay. So, you'll at least consider it then?"
"We'll bring it up, but I… I know what you're saying, and I… I have to look at the other entities. What the problem that I saw with the College Illinois Program is that the minutes at the public meeting, there was very little to… there was no discussion on why certain allocations were made. I'll give you one for example. It was a two-man shop out of Colorado with no investment experience with the State of Illinois, received a $50 million allocation that was approved 7 to 0 by the Board. The… I asked the previous executive director why this group was chosen? He said, well, it was all subject to the meetings that were in a closed session. So, that's what I'm trying to get at, is why a… a two-man shop with no 09700111.doc 23 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 experience was given 5 percent of a billion dollar fund to invest." Davis, W.: "Again, I… I heard the Bill in committee. I got the problem, I'm just simply saying if the idea, though, was about sunshine, then there are obviously other areas maybe where we can shed some sunshine."
"Certainly." Davis, W.: "Not saying that there are problems in any of the other investment boards, or they have challenges, but if… if… as I said, if it's good for the goose, why not? That's what…"
"Point…" Davis, W.: "That's…"
"Point well taken." Davis, W.: "…that's my question."
"Thank you." Davis, W.: "Thank you."
"Representative Durkin to close."
"I would appreciate an 'aye' vote."
"All those in favor of the passage of House Bill 3923 signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Cunningham, Fortner, Jefferson, would you like to be recorded? Sosnowski, Schmidt, Turner. Mr. Clerk, take the record. On this Bill, there's 117 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Jack Franks, on page 9 of the Calendar, you have House Bill 3953. 3953. Read the Bill, Mr. Clerk." 09700111.doc 24 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012
"House Bill 3953, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Jack Franks."
"Thank you, Mr. Speaker. I… I appreciate this. This is a Bill that was brought to me, actually by the DuPage County Chairman, as they were talking. And what we're trying to do now is… most of the counties that are above 300 thousand are allowed to elect their county board chairman. What we'd like to do is to extend that to all counties above 300 thousand. This would really apply to Lake and McHenry. I'd be happy to answer any questions."
"Representative Mike Tryon."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative Franks, you and I have worked on a lot of legislation for McHenry County, and most of which, we agree on. I do not agree with you on this Bill. Having been the former county board chairman, I believe that the power is neither in the position of county board chairman, whether you're elected, or whether you are appointed by the board, the power is in the process. So, a board chairman who can come in and engage the process can… can make… get things done and make it work. I believe a county board, that's what they need. They need somebody to carry out their policy; make sure it's implemented. They don't need an omnipotent leader who can be influenced by special interest groups at election time. In fact, to tell you the truth, we elect our county board chairman the same way we elect our Speaker of the House. And we haven't had anybody here 09700111.doc 25 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 trying to produce Constitutional Amendment to say we should elect the Speaker of the House countywide. Maybe you might want to consider that, because your county has seven months worth of cash. It has the highest bond rating of any county that size or less. Lake County, equally, has as high a bond rating, and I just don't see the need to take the county government that is doing what it's supposed to do, being efficient, and taking from the people of McHenry County the ability to have an appointed county board chairman, when in fact, they may not want it. Because this Bill doesn't allow them to run a referendum to choose if they want to be governed by a county board chairman who's elected, it just says if you're 300 thousand or more, you have to have an elected leader. And I just disagree with that."
"Can I respond to that?"
"Yes."
"And I appreciate all the work we've done together, Mike. And you know how much I respect you, and what a good job I think you do. But right… what I'd like to do is move this over to the Senate, because… and we can… and Senator Althoff's agreed to pick this up. And, we can hold it if the county board will agree to do a referendum to have this on the ballot to determine whether the county board chairman should be elected. Because, right now, every other county that… who is above 300 thousand; Cook, DuPage, Will, Kane, all elect their county board chairman. And I think that the citizens of McHenry County should have the same, but I'm happy that if there's an agreement that could be worked out while they have it by a referendum, that's fine. 09700111.doc 26 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 But, I think that we need to be in a position to allow our citizens to have the same opportunities of other citizens, to be able to elect the most important, powerful, person in the county government."
"In DuPage, in Kane, those citizens passed ref… they passed petitions to put it on the ballot, and they were able to present those petitions, and… and have a vote on it, and they voted in… in Kane, a County Executive form of government and in DuPage, a County Board Chairman form of government. Our people could do that. That's not what's been done. And… and I think it's working well. In fact, I don't think we need an omnipotent boss hog running McHenry County. I think… I think it has worked well. I think… I think our… our county is… is been led fine into… through the… one of the worst financial times in the history of our country, you got a county that has managed its resources well, and… and I think is a model for other counties. It doesn't need somebody to be an elected chairman, it just needs somebody to facil… facilitate the process. We pay an administrator $140 thousand a year to be the administrator of the county executive. In Kane, they just have a county executive, they don't have an administrator. So, I… I think taking away and forcing this down the throats of McHenry County is… is just wrong. And given the right to pass a petition and vote on it, I could support that. But, that's not what this Bill does, and… and I think that… that maybe some of the other counties would have been served better if they elected their county board chairmens by their boards, instead of countywide. We have… we have a tendency to have 09700111.doc 27 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 elected leaders in McHenry County that are there for 20 years, maybe even longer. Our… our city… our county clerk has been there probably 30 years. Our county board chairman, he doesn't… or, she doesn't usually serve longer than 6 or 8 years. So, I… I think it works fine, and I'm… I'm going to vote 'no'."
"Those waiting to be… address this issue, I did not put the timer on, but I'd appreciate it you could keep your comments as short as possible. Respectfully, I'll give you whatever time you need. Representative Jim Sacia."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"I… I listened carefully to the initial presentation of Representative Franks, and, certainly, I… I rec… respect where he's coming from. And, as the former county board chair of McHenry County, Representative Tryon certainly has his arms around this issue. I… I was listening intently to the debate, and Representative Franks said, well… Representative Franks indicated that, let's send it over to the Senate, and Senator Althoff will pick it up, and I… I can only paraphrase what Representative Franks said, but it was words to the effect that we'll see if the counties will have a countywide referendum, and if we don't, we'll kind of push this through. And I'm thinking, why would we do that. Why not let the counties make that decision on their own. I… I can see no reason, whatsoever, why the Illinois House of Representatives, the Illinois Senate, and the Governor of this state, have any interest, whatsoever, in this decision. This should be a decision for the counties 09700111.doc 28 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 involved and simply put, and… and I would appreciate your input Representative Franks, why do we care?"
"Mr. Sacia, you know how much I like you. I do. I think you're terrific. I sing your praises all the time. I was surprised in committee when you were the only 'no' vote. And I'll tell you why I was surprised. Because your citizens already have the ability to… to elect their chairmen. I don't know why you'd deny someone else the same ability that you already have. And all I'm asking is to give the citizens the right of self-determination, and we don't have that. If we're… why are we so afraid of the voters? Why are we afraid to… if we're doing such great jobs, why are we saying, you know what, we don't want to have an election. I think that we should always empower voters to make the decision. I think we should always allow them to determine who their leaders are, but we should stop playing in the shadows, and put everything out front. And that's why we need this Bill. I think Illinois has suffered so much. We had a recent report that we're the third most corrupt state in the nation, and I bet you we're number… we're well on our way to number one. And my point is, the only way to stop that is to empower voters, and always let them decide."
"Thank you, Mr. Franks. I… I appreciate your response. Especially the part that you… you were surprised that I was a 'no' vote. And, yes, Winnebago County does have it, but their citizens made the decision, not the House, not the Senate, the citizens, on their own, of Winnebago County, thought this would be a good idea." 09700111.doc 29 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012
"We've done that before though, Mr. Sacia. A few years ago, this Body voted to raise sales taxes on locals in the RTA region, the six counties, and they had no input. And I know many that… the people on your side of the aisle, voted for it. And then we tried to pass a Bill to allow the citizens to have input on that, and you guys voted against it. I think we should always allow the citizens input."
"Well, as… as different times it has occurred, Jack, you and I have always been able to respectfully agree to disagree, and I do on this issue. And I will be voting 'no'. Thank you."
"Representative Rita Mayfield."
"To the Bill. As a Representative for Lake County, this Bill would have a definitive negative effect upon our county. It is not something that any of the commissioners there want, nor is it something that any of the peoples of… or none of my constituents have asked for it. None of any of the other Representatives that represent Lake County, as far as I know, their Rep… their constituents have asked for it either. We do not want this Bill. If the Sponsor would like to do this for his munici… for his county, that is fine. He needs to do a separate Bill for McHenry County, and remove Lake County. We do not want this. I recommend an 'aye'… a 'no' vote."
"Representative Dave Winters."
"Thank you, Mr. Speaker. To the Bill. I would echo the comments of Representative Mayfield, that we should leave the decisions on the executive of a Legislative Body to the members of that community, and not impose our will as the 09700111.doc 30 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 Illinois House and Senate. I would make the parallel that the selection of a county board chairman by the county board is done exactly like this House does when we select our Speaker. We do not go out to a statewide referendum on whether Mike Madigan ought to be Speaker of the Illinois House. We let the Members of this chamber, who operate under his leadership, to make that selection. I would opine that it is exactly the same example that the members who will be working under a county board chairman, in collaboration with him, are the ones that should be allowed to make the choice. If the local community does not like that choice, they already have the ability, as they have done in my county, to ask for a countywide vote, but they also have the right to rescind that decision. If they decide later that they want to return to it, they can by referendum. Under this Bill, we will, in fact, say to the citizens of McHenry and Lake County, you're not intelligent enough to make this choice yourself at referendum. We will impose our will. I would urge a 'no' vote. And I would also urge that we get out the trophy for the next Member of the Century Club. Thank you."
Speaker Lyons: "Representative Hayes. No one seeking further discussion, Representative Franks to close."
"There is an overwhelming support for this Bill in my county. There was a recent poll done, and it was 84 percent for, 16 percent against. I guess it's a fundamental question on how you wish, and how you perceive government. If you'd like to empower the voters, you'd vote 'yes'. If you like to keep it behind closed doors, and backroom 09700111.doc 31 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 deals, and good old boy politics, I guess you'll vote 'no'. But that's really what it comes down to. Because the other counties have this ability, I'd like to empower all of our voters to be able to do it. So, please vote 'aye'. It's a… it’s a… really, it's a question of good government and where we stand. It's a gut-check issue. Please vote 'yes'."
"The question is, 'Should House Bill 3953 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this issue, 16 voting 'yes', 100 voting 'no'. The Motion fails. Welcome to the Century Club, Jack Franks. Well, somebody's got to follow you on the middle of page 9. Monique Davis, you have House Bill 3961. Read the Bill, Mr. Clerk."
"House Bill 3961, a Bill for an Act concerning reports of stun gun and taser use by law enforcement officers. Third Reading of this House Bill."
Speaker Lyons: "The Lady from Cook, Representative Monique Davis." Monique, D.: "Thank you, Mr. Speaker. House Bill 3961 creates the… excuse me, the Law Enforcement Officers' son… Stun Gun and Tase… Taser Use Reporting Act. The use of the stun gun has increased significantly since the year 2000. We have a report that 148 people in the United States and Canada have died after encounters with police who are shocked with the taser. We know that sometimes a taser is absolutely necessary, but because of the extensive opportunity to use 09700111.doc 32 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 the taser, more officers sometimes, are using it, and we're merely asking that they report, on a universal form, when and how they use the taser and on whom. I'll answer any questions."
"Representative Cunningham."
"Will the Sponsor yield for a question?"
"I have, and I've utilized the timer so we keep it within 3 minutes. Representative Cunningham."
"Thank you, Representative. We talked about this in committee. I think this is a very important issue that you've brought to the floor here. We've also discussed it at committee with some of the members of the law enforcement community; the FOP, the Chiefs' of Police. They've expressed with you a willingness to work on this, and I know you've followed up with them. One of their issues is the burden it's going to place on police departments, particularly, smaller police departments, to fill out the forms. And I know that they've communicated to you a desire to have the Illinois Criminal Justice Information Authority conduct the study, and have them go to the… each department, and from an audit…" Davis, M.: "And ga…"
"…standpoint…" Monique, D.: "And gather… and gather the information. That is correct."
"Right. Right." Monique, D.: "And… and, the Amendment #1 does make the reporting authority the Criminal Justice Authority."
"Okay." 09700111.doc 33 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 Monique, D.: "So, I met with the Sheriffs' Association this morning, I met with the State Police lobbyists, and we're all in agreement with this legislation, its passage to the Senate. Yes."
"Okay. Well… one of the objections that they voiced to me, as I said, was a burden that would put on local departments, and they expressed an interest to have the language changed so that it would be more of an audit done by the…" Davis, M.: "Yeah, we…"
"…Illinois Criminal…" Monique, D.: "…we did… we discussed that…"
"Okay." Davis, M.: "…very much so."
"But that's not in the legislation the way it is written. They also expressed to me that they were going to talk to the Senate Sponsor, who I believe is going to be Senator Raoul, to see to it that that kind of language get in this Senate addition of the Bill. And I was just wondering, if it does, are you open to accepting that sort of language change on the Senate side when it comes back here for concurrence?" Monique, D.: "May the record show that Monique Davis will be in agreement with that. Yes."
"Thank you very much." Monique, D.: "You are very welcome."
"And I'm happy to support…"
"Representative Eddy."
"Speaker, would the Sponsor yield?" 09700111.doc 34 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012
"The Sponsor yields."
"Representative, do you know… you said you spoke with the Sheriffs' Association this morning. What… What's their position after the Amendment? Are they still opposed?" Monique, D.: "They… they are supportive of the Bill."
"So, they are now a proponent. What about the other opponents? I… I think, at least in our analysis, it's listed that the labor council, FOP…" Monique, D.: "FOP is in support of the Bill. I met with him this morning."
"Okay. So, all of the opponents with Amendment #1 have changed their position?" Monique, D.: "Yes. And the only one that I don't think I've heard one… from was the labor… some labor organization."
"Okay. So, the idea here is that anytime a police officer uses a taser gun, they then will have to report the incident on some type of form to a reporting agency." Monique, D.: "They currently have to report and fill out an incident report. They have to do that now."
"Okay." Monique, D.: "So, they would be submitting this. Yes."
"Who… who would be the receiving agency under the Amendment?" Monique, D.: "Before the Amendment, it was the University of Illinois. But realizing some of that federal money was all gone, it's now going to go to the Criminal Justice Authority, who has agreed to accept these audit reports."
"Okay. Who develops the form, the standardized form?" 09700111.doc 35 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 Monique, D.: "I would imagine it would be the Criminal Justice Information Authority."
"Okay. What… what type of information are you looking for the form to contain?" Monique, D.: "Well, the kind of information that they currently have to report."
"Same things? No changes?" Monique, D.: "Well, I don't think there's any addition, is there? I mean, it would be more specific in the use to the amount of force that was needed, and the reason. But they currently have to use that information now, when they use a taser."
"Is that spelled out in the Bill, the specificity…" Davis, M.: "Yes, Sir…"
"…of the report?" Monique, D.: "…it is. Yes."
"Okay. That's in there. Everything's in there…" Monique, D.: "Yes, Representative."
"…that's going to be on the form? And, what's going to happen with the information that's collected then? What's the… the purpose is then to review it to… to see if there's a pattern?" Monique, D.: "The Criminal Justice Authority will compile, or whatever, the data, and see that it comes to the General Assembly. The purpose, of course, I don't know if you were here when Gean and Steve Kolins… Kotlinski came before the committee. Mr. Kotlinski is an engineer with the Abbott Labs. He was not the driver of a vehicle, and he was tasered 5 times. And it has left him…" 09700111.doc 36 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012
"Representative, we have expired your time. We'll give you one more minute to finish the conversation."
"I'm… I'm finished. I just wanted to kind of get the idea of the practical application of this, and it sounds like there… there's a plan to use a common form and collect information for some specific purpose, and I'll just leave it at that. Thank you."
"Representative Dave Winters."
"Thank you, Mr. Speaker. I rise, again, not in opposition to the Sponsor, since we… we share the aisle here and I think we have good relations. We have… we have good relations so far, but I'm just questioning whether there's anybody in… that filed in support of this Bill, in the committee. I know that we have a number of organizations, the law enforcement agencies who voted… or excuse me, who filed in opposition. Are there any associations that…" Monique, D.: "They are currently in support of this Bill. We have met, we have talked. We said we would in committee, and we have done that."
"I was not aware of that. I think that they still are in opposition. So, I'm just wondering if there's any opportunity to relieve the great burden that we just put on Representative Franks of holding the Century Club Trophy. If we could give a back to back, first time ever, two consecutive Bills to the Century Club. I asked everybody to consider that in casting your vote."
"Representative Penny." 09700111.doc 37 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012
"I want to say that I have great deal of respect for the intentions of the people with this Bill, but I would like to point out, I am a Chief of Police, and I'm also a certified taser instructor, and I have taught a number of people how to use the device. It has been a much more humane way to take combative people into custody than our old techniques, which were to use a baton, or a nightstick, or pepper spray, or to actually have to grapple with the people. So, I think there may be an unintended thing which occurs here if we should pass this Bill, which is that officers would be reluctant to use the taser when it was required, and would go backwards in time using the much more injury-prone techniques that were used in the 1970's, 1980's and 1990's. And I would just ask that we all consider that when we cast our vote."
"Representative David Reis."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, why do we need this?" Monique, D.: "Representative, it is to better train law enforcement of when to use a taser. We do appreciate and understand that rather than fire a lethal… another lethal weapon, we also should be very careful using this weapon."
"But your… your Bill only says they have to fill out a report. There's no training. There's no …" Monique, D.: "They already… No, no. That's the purpose, Representative Reis. They are currently required by whomever… whoever they work for, they are required to fill out a report, an incident report, if they use a taser. Now, 09700111.doc 38 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 in the beginning of say, 2000, there were only a few tasers given to police officials. Currently, according to a report in the Chicago Tribune, according to reports who have gotten by research, over 800 tasers have been given to different police officers, and the fear is they're beginning to use it more because it is available."
"But, Representative…" Monique, D.: "Now, I'm not, just a minute…"
"…your Bill only says that they have to fill out additional paperwork and reporting. It has nothing to with training." Davis, M.: "They already…"
"It has nothing …" Monique, D.: "…have to do the reporting, Sir."
"So, I ask you again, what is the purpose of your Bill?" Monique, D.: "They… the information will be compiled by the Criminal Justice Authority, and a report will be submitted to the Illinois General Assembly. Hopefully, that report will show that no further training is needed. Hopefully, that report will show that use of the taser is only used in very dire cases. I won't have another Gean and Steve Kotlinski before my committee, where he had been tasered over 5 times."
"Well…" Davis, M.: "A taser can be a lethal weapon if you have asthma, if you have stints in your heart. So, therefore, I am not discouraging its use. I am saying we should use it as wisely as we use other weapons, Representative." 09700111.doc 39 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012
"Thank you, Representative. To the Bill. Ladies and Gentlemen of the House, the Representative talked about an individual story of a gentlemen who came in. We got to hear his side of the story. We did not get to hear the law enforcement side of the story. I am sure that law enforcement people will testify that they don't go around just tasing people. This is going to cause an undue burden on small municipalities and county sheriffs that have to fill out all this paperwork and do all these reports. We just contacted the Sheriffs' Association, they said they spoke to you today about a different Bill. They did not speak to you about this Bill, and they are still in very strong opposition to this Bill. That's the Sheriffs' Association. We're still waiting to hear back from FOP. So, I would ask the people …"
"David, I'll give you another minute."
"I would ask for a 'no' vote on this. This is just not necessary. Thank you."
"Representative Dennis Reboletti."
"Thank you, Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, it was my understanding that you were going to bring this Bill back to committee with an agreed upon Amendment…" Davis, M.: "No. I said it would be a Floor…"
"…with the FOP…" Monique, D.: "…a Floor Amendment, which what we… we passed the Floor Amendment." 09700111.doc 40 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012
"I… I think that's what's at issue. I know as we… as we move through committees and run against deadlines, that a lot of these Bills are coming to the Floor when, maybe, by… even inadvertently, they're making it to Third Reading, and maybe we need some kind of note that makes them go back to committee for review. But the reality is… is that I don't believe any of the opposition from law enforcement has been removed. And in talking to the FOP, they'd like to make this an audit, where the Criminal Justice Authority could audit the Elmhurst Police, Chicago, Carbondale Police…" Monique, D.: "I… Excuse me."
"…and whatever information they have could go there." Monique, D.: "I've met with Mr. Ted Nelson from the Illinois State Police. I've met with Mark from the FOP this morning, who… Mark Donahue, for this Bill to pass and go to the Senate. They asked if I would agree to any changes in the Senate. I said we will ask the Senate Sponsor to talk with me if there are changes needed and we will support that, perhaps."
"Rep… Representative, I wasn't…" Monique, D.: "So, please don't tell me…"
"I wasn't finished speaking, Representative." Monique, D.: "…don't tell me that I don't have their… their support on this Bill, because it's not true. Don't tell me that."
"I just spoke to… I just spoke to Mr. Nelson from the FOP, Representative, and I'm not casting any aspersions on what your conversation was either. I'm just telling you 09700111.doc 41 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 that it did not remove their opposition to the Bill. I want the record to be clear on that. And I'm asking for a 'no' vote."
"Representative Jim Sacia is the last speaker, and then Representative Davis to close."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative Davis, did you just tell the Body that the Sheriffs' Association is okay with this Bill?" Davis, M.: "Yes."
"I… I just, this minute, Representative, hung up with Greg Sullivan, who represents the Sheriffs' Association. He said, unequivocally, positively, he did not speak to you about this Bill. He spoke to you about a Bond Bill. His organization is adamantly opposed to this Bill, as presented to us. So, something is… is drastically wrong here, Representative. I… I would respectively request that you take it out of the record, or I would encourage the Body to vote 'no', based on law enforcement associations. And… and again, I, just this minute, hung up with Greg Sullivan, and he says he spoke to you about a…" Davis, M.: "I… I never…"
"…he referred to it as a Bond Bill." Davis, M.: "…said I spoke with Greg… Greg Sullivan. I did not say that to you today. I did not tell you I spoke to Greg Sullivan on this Bill."
"You said the Sheriffs' Association. Is that…" Davis, M.: "Well, they… they have more than Greg Sullivan."
"I see. Could you share with us who you spoke with?" 09700111.doc 42 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 Davis, M.: "I… it's here, somewhere."
"Thank you, Mr. Speaker."
"Representative Davis to close." Davis, M.: "Mr… I'm sorry. Thank you, all of you, for your questions. Thank you for your comments. This legislation is not requiring any new reporting that is not currently required. The use of the taser is very valuable in police work. However, it should not be used when it is not necessary to subdue a passenger who's sitting in a car. It should not be used when a person has, perhaps, talked back to a police officer. A taser can be a lethal weapon. I have spoken to the opposition in my office this morning. They agreed this Bill should pass over to the Senate. And, believe me, I would not stand here and say that to you if it were not true. I believe that the Illinois Criminal Justice Authority will compile the data that is submitted to them, that's already required, and give a report to this Illinois General Assembly. Will we need greater sensitivity training on the use of the taser? Will we require that there be more training on the use of the taser? We don't know. But, we don't need to have anymore deaths because of the use of the taser. We don't need indiscriminant use of something that can cause death, unnecessarily. I ask, humbly, for your 'aye' vote."
"Representative Davis moves for the passage of House Bill 3961. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Ford, 09700111.doc 43 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 Krezwick, May. Mr. Clerk, take the record. On this Bill, there are 41 Members voting 'yes', 76 Members voting 'no', 0 voting 'present'. The Motion fails. Mr. Clerk, Agreed Resolutions."
Clerk Hollman: "Agreed Resolutions. House Resolution 844, offered by Representative Jak… Representative Jakobsson."
"Representative Barbara Flynn Currie moves for the adoption of the Agreed Resolutions. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have. And the Agreed Resolutions are adopted. For purpose of the announcement from the Chair, Members and all secretaries in the Stratton Building listening to us, the House will be in Session on Friday. So, any discussion or water cooler comments, the House will be in Session on Friday. Seeing no further business to come before the Illinois House of Representatives, Leader Barbara Flynn Currie moves that the House stand adjourn 'til the hour of 2:00 p.m. on Thursday, March 8th. That's the hour of 2:00 p.m. tomorrow, Thursday, March 8th. All those is favor of its adoption signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. Allowing perfunctory time for the Clerk, the House stands adjourned 'til Thursday, March 8th, at 2:00 p.m. Have a pleasant evening, everyone."
"House Perfunctory Session will come to order. Introduction and First Reading of House Bills. House Bill 6137, offered by Representative Will Davis, a Bill for an Act concerning appropriations. There being no further 09700111.doc 44 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/7/2012 business, the House Perfunctory Session will stand adjourned." 09700111.doc 45