"House Perfunctory Session will come to order. Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules reports the following committee action taken on March 26, 2012: recommends be adopted, referred to the floor is Floor Amendment #1 to House Bill 3969, Floor Amendment #4 to House Bill 4466, Floor Amendment #2 to House Bill 4596, Floor Amendment #3 to House Bill 4601, Floor Amendment #2 to House Bill 4937, Floor Amendment #2 to House Bill 4996, Floor Amendment #2 to House Bill 5257, Floor Amendment #2 to House Bill 5289, Floor Amendment #2 to House Bill 5342, Floor Amendment #1 to House Bill 5632, Floor Amendment #1 to House Bill 5849, Floor Amendment #7 to Senate Bill 16."
Speaker Lyons: "Good afternoon, Illinois. Your House of Representatives will come to order. Members are asked to please be at your desk. We shall be led in prayer today by Pastor Peter Hellstedt, who is with the Prince of Peace Lutheran Church in Schaumburg, Illinois. Pastor Hellstedt is the guest of Representative Crespo. Members and guests… Members and guests are asked to please refrain from starting their laptops, turn off all cell phones and electronic paraphernalia, and rise for the invocation and the Pledge of Allegiance. Reverend Peter Hellstedt."
Pastor Hellstedt: "Let us pray. Gracious and loving God, Creator of all, at this, the beginning of the week, we give You thanks, we thank You for safe travel here from our districts. We thank You for the blessing of freedom that we enjoy as citizens of this land. We thank You, as well, for all those who work to support this Assembly, both here in 09700117.doc 1 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 this building and in offices throughout the state. We pray this day, Lord, for the well-being of those who live in the cities, towns, and rural areas of the State of Illinois. We pray for the leaders of our communities, we pray for the Governor, Legislature, and Judiciary of this state. And we pray especially for all the Members of this Body, that they may have the strength, wisdom, and courage needed to do the work You have called them to do today and to do it well. We ask for guidance in making difficult decisions, patience for those with whom we disagree, and respect for the Members of the other Party, as well as our own. Help us to keep in mind all the people whose welfare depends on the decisions that we will make. At the end of this day, may we be able to say that we have not wasted it but used it well in service to You and to our neighbors. We ask all this in the name of God, who alone is holy, whose steadfast love endures forever, Amen."
"Representative Darlene Senger, would you please lead us in the Pledge of Allegiance." Senger – et al: "I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
"Roll Call for Attendance. Leader Barbara Flynn Currie, Democrats."
"Thank you, Speaker. Please let the record reflect that Representatives DeLuca and McGuire are excused today."
"Thank you, Leader. Leader Michael Bost, GOP." 09700117.doc 2 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"Thank you, Mr. Speaker. Please let the record reflect that Representatives Tracy, Evans, and McAuliffe are excused on the Republican side of the aisle today."
"Representative Sullivan, would you like to be recorded? Mr. Clerk, take the record. We have 111 Members answering to the Roll Call. A Quorum is present. We're prepared to do the work of the people of the State of Illinois. Take the record. Mr. Clerk."
"Introduction of Resolutions. House Resolution 886, offered by Representative Saviano is referred to the Rules Committee."
"Representative Greg Harris, for what purpose do you seek recognition, Sir?" Harris, G.: "A point of personal privilege, Mr. Speaker."
"Please… please proceed." Harris, G.: "I'd like all the Members of the House of Representatives to join me in welcoming the eighth grade students from Stockton Elementary School, today, if you could all stand, who are down here to lobby us."
"Welcome to your Capitol, Stockton. Proud to have you down here, enjoy your day. Representative Brauer, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. I rise on a point of personal privilege."
"Please proceed."
"Ladies and Gentlemen of the House, it's Representative Poe's birthday today and we all know what that means; it means he's not old, he's just chronologically gifted. His wife made us a couple of sheet cakes, some of your 09700117.doc 3 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 favorite, the butter cake that everybody enjoys here. So, let's say… it's in back, but let's have a warm applause for Raymond Poe's birthday."
"Happy birthday, Raymond. Have a great year. Leader Barbara Flynn Currie. Motion on a posting, Leader."
"Thank you, Speaker. Please… I would appreciate it if the Body would join me in suspending the posting notices so that House Bills 5184 and 5480 can be heard in the appropriate House committees. And also, House Resolutions 877 and 881 and 882."
"You've heard the Lady's request. Seeing no objection. 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 Don Moffitt, for what purpose do you seek recognition, Don?"
"Rise to a point of personal privilege, Mr. Speaker."
"Ple… please proceed."
"If I could just indulge the Body for a moment. Last month was… last month was Black History Month and very informative and certainly learned a lot. It's my understanding, this month is Women's History Month, and in that light, just make reference to the blue book that we received on our desks and that we've received the new copies of, put out by Secretary of State, Jesse White, and I certainly commend the Secretary on an outstanding job with the blue book. But on page 133 is a photo… and the divisions are divided with a photograph and a little bit of history. On page 133 is Mother Mary Ann Bickerdyke and it says next to Clara Barton, Mother Mary Ann Bickerdyke of 09700117.doc 4 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 Galesburg, Illinois, was perhaps the best known of all the Civil War nurses. Bickerdyke's authority on the battlefield and the care of wounded soldiers was so strong that General William Sherman once stated that she had outranked him. Just a contribution of an important woman in our history, an important nurse helping our soldiers, I invite you to Galesburg. There's a wonderful statue of Mother Bickerdyke attending a soldier on the battlefield and… as you celebrate Women's History Month. Thank you."
Speaker Lyons: "Thank you, Don. Thank you, Representative Moffitt. The Chair recognizes Representative Dave Harris." Harris, D.: "Thank you, Mr. Speaker and just to pick up on what my distinguished colleague said. For those of you who may not know, there is a marvelous portrait of Mother Bickerdyke hanging down in Room 100 with… surrounded by Union Generals but a very attractive portrait of this wonderful woman."
Speaker Lyons: "Thank you, Gentlemen, for sharing that wonderful part of Illinois history. Representative Barickman, for what purpose do you seek recognition?"
"Mr. Speaker, I'd like the record to reflect that on House Bill 3844 my intention was to vote 'yes'."
Speaker Lyons: "The Journal will reflect your request, Representative. Representative Chapa LaVia, for what purpose do you seek recognition?"
"Thank you, Speaker. Too, I move that the House suspend the posting requirements for a joint hearing of Elementary & Secondary Committees and the Senate Education Committee and the Senate Appropriation Committee on Chicago 09700117.doc 5 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 Public Schools for Thur… this Thursday at 8 a.m. in Room 114."
"You've heard the Lady's request. Seeing no objection, all those in favor say 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Motion carries. Representative La Shawn Ford, what purpose do you seek recognition, Sir?"
"A point of personal privilege."
"Please proceed, La Shawn."
"Mr. Speaker and Members of the House, I would like to ask for everyone to offer and join the nation in a moment of silence for Trayvon Martin. Trayvon Martin is the teenager that was killed in Florida. I just think that it's most appropriate if we join the nation and offer a moment of silence no matter how we feel about the situation. It will be a turning point in our nation. I ask that we all offer a moment of silence for the family. Thank you, Mr. Speaker and Members of the House."
Speaker Lyons: "Thank you, Representative. Representative Acevedo, for what purpose do you seek recognition, Leader?"
"Mr. Speaker, if I could ask everybody to please keep standing. It's a tragedy what…"
"Ladies and Gentleman… hold on, Ed. Ladies and Gentlemen, Representative Acevedo."
"It's a tragedy when any child is… is killed or hurt by gun violence, but this past weekend there was a six year old girl doing the most American thing, playing with her dolls out in front, being protected by her parents sitting on the porch, only to be gunned down by some gang banger 09700117.doc 6 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 punks in Little Village in our community. So, let's… let's have a moment of silence for her as well."
"Thank you, Ladies and Gentlemen. Representative Pritchard."
"While we're in a moment of reflection and silence, I would add one more name. We talked about two individuals that died early in their lives. Today I also want us to remember an individual who died more in the middle of their life, the executive vice president of the Illinois Beef Association, Maralee Johnson passed away on the 21st. She was an individual that has lobbied many of us on issues important to agriculture. She was an individual that grew up in the Greenfield area and spent her life in the industry that she loved of agriculture. An individual that tried to make a difference like the other individuals that we talked about. She died for health reasons. And I ask us to remember her, the American Cancer Society, and the charities that she is remembered in for the great work that she did. Thank you."
Speaker Lyons: "Thank you, Representative. So, Ladies and Gentlemen, to get back to the business of hand of passing legislation, I have the list from both sides of the aisle. Some of these Bills are Second Readings going to Third; some are Third Readings that we'll be ringing the bell for, but pay attention, it's alphabetical as everybody knows. I'll be going down the list back and forth. If you're in your seat, I can call on you; if you're not, I can't. So, we'll start with Leader Acevedo. Ed, you have, on the Order 09700117.doc 7 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 of Third Reading, on page 17 of the Calendar, House Bill 4983, 4983. Read the Bill, Mr. Clerk."
"House Bill 4983, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Leader Ed Acevedo."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4983… House Bill 4983 allows all persons who have been honorably discharged and who have been awarded an Afghan or Iraqi campaign medal by one of the United States Forces will have been deemed to meet the college requirements of a conservative police officer. I'd be happy to answer any questions."
"You've heard the Gentleman's explanation. Is there any discussion? Chair recognizes Representative Mike Bost. Leader Bost."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, when this… when this came up in committee, many… or the veteran's groups were in opposition. Can you kind of explain why?"
"I… I don't know why. But I will tell you this, Representative, and I'm glad you brought that up because there were some Iraqi veterans who were in the back there and they were very disappointed on some of the arguments that were being said. I believe they were going to have a Veterans Committee and they were very upset about what was being said… the questions that were, being asked."
"Do you remember what those arguments were though?" 09700117.doc 8 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"I believe they were talking about the war medal… I mean, the combat medal."
"Okay. I'm just kind of trying to figure this out, you know, this is the first Bill out and I didn't… you know, it came up and I'm just trying to realize what… what took place here. Explain if you could one more time what exactly the Bill does."
"Basic… basically, the Bill allows for an Iraqi and Afghanistan War veteran to be able to, if they were in combat, to be able to pass by the requirements for two years of college."
"For two years of colleges… do they have to be military police?"
"No, they do not."
"So… so, they could possibly not have any training except for… you know, because and then the reason I'm asking that, as a veteran, the concerns I have is, I was an electronic specialist in the Marine Corps, okay. I… I worked on radars. It's a pretty dif… I don't know where that might qualify me, now I did have my… I qualified with an M16, I did those type things, and I did… there was a combat side…"
"Yeah."
"…but it doesn't necessarily give me the equivalent of two years of education towards the…"
"No, Repre…"
"…being a police officer. Or maybe I'm misunderstanding this."
"Yeah, you are misunderstanding. Let me explain a little bit, okay." 09700117.doc 9 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"Okay."
"The two-year requirement, you still… it only allows you to take the test. Now remember, some of these guys are doing two tours of duties where they're not able to go to college and get their two-year requirement. The two-year requirement is required to take the test to become a conservative police officer. So, you will still be through… going through all the training."
"Okay. I see that this is the Afghan and Iraq campaign medal, those are the ones that qualify, correct?"
"Yes."
"What about someone who might have served in the military at another time?"
"Well, they… if it was in the Vietnam and Korea, I think they'd be a little too old for that job."
"Well, I understand that, but I mean, there are other times that they have served, and they maybe not got the… because you… they have to be a awarded the campaign medal now, and the campaign medals are instantly awarded just for being in service during that time, correct? So, it might be that they're stateside?"
"Yes. And the reason why I believe that DNR put that in, Representative, is the fact that that… these brave men and women are overseas fighting in combat while there's individuals that are stationed there that maybe can go to college while they're… while they're in the military."
"I'm… I'm trying to understand your Bill. But I'm still trying to understand, if we have the opponents who are the 09700117.doc 10 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 Veterans of Foreign War, I really… I'm trying to understand their arguments on… on why they were opposed."
"I… I passed similar legislation for the State Police last year and there were… there were no questions or no objections whatsoever."
"Now, is there… when you say that… you said that there is an actual test that they much… must take first?"
"Yes. The only thing this Bill does is to not require you to have the two years of college."
"Okay."
"You still have to go through the process."
"So, it's basically a waiver of the requirement for two years of college if you have served in Iraq or Afghanistan?"
"Yes, it's a waiver. You still have to go through the training, you still have pass the test."
"All right, thank you very much."
"Representative Sullivan."
"Oh, I'm sorry, Mr. Speaker. The last question in regard to all the other requirements under the existing law, the Representative just answered that you still have to complete the existing requirements other than the waiver of the two years or four years. Correct?"
"Yeah. You…"
"Thank you."
"…you have to pass the test…"
"Thanks."
"…and all the other requirements. Yeah."
"Representative Reboletti." 09700117.doc 11 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, why are we only doing this for the Conservation Police? Is this done already for the Illinois State Police or is that something else that…"
"I passed that last year for the State Police and it's been signed by the Governor."
"I… I do recall that. Is there anything else that we should do with respect to other police departments then? Or…"
"Well, the State Police had requested that I… that I put that in for them and then DNR came to see me as well. So, that's why… it's an initiative of DNR."
"Hang on. Representative, why wouldn't we extend this out to others who did not serve in Iraq and Afghanistan who were on deployment, if they were deployed to Germany, or Japan, or Australia? Because many of them would meet these same types of requirements. Was there a reason why you were limiting the scope?"
"I… I believe the reason would be that these… like I said, these brave men and women are in combat where… when you're in Germany or stationed here in the United States or whatnot, I think maybe you're still eligible to get the schooling that can help you qualify to apply for the job."
"What… what if they were serving on the DMZ, which is an active war zone? Would that also qualify since they would not be in the Iraq or Afghanistan campaign?"
"No."
"Thank you." 09700117.doc 12 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"Representative Acevedo to close."
"I'm just asking for an 'aye' vote."
"The question is, 'Should House Bill 4983 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 Penny, Representative Gaffney, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 101 Members voting 'yes', 8 Members voting 'no', 2 Members voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Toni Berrios, on page 16 of the Calendar, under House Bills-Third Readings, you have House Bill 4096. Okay, Toni, how about the next one, 4707, 4707? Read the Bill, Mr. Clerk."
"House Bill 4707, a Bill for an Act concerning finance. Third Reading of this House Bill."
Speaker Lyons: "The Lady from Cook, Representative Toni Berrios."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4707 extends the Business Enterprise Program through Jan… June 30 of 2016."
"You've heard the Lady's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 4707 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? Mr. Watson, Leitch, Gaffney? Mr. Clerk, take the record. On this Bill, there's 108 Members voting 'yes', 2 09700117.doc 13 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 Members voting 'no', 0 Members voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 4 of the Calendar, Leader Cross has, on the Order of Second Reading, House Bill 3969. What's the status on that Bill, Mr. Clerk?"
Clerk Hollman: "House Bill 39… 3969, a Bill for an Act concerning public employee benefits. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Cross, has been approved for consideration."
"Rep… Representative Senger on Floor Amendment #1."
"Yes. Floor Amendment #1 basically changes the term from employer to reciprocal… changes it to the reciprocal agreement."
"You've heard the Lady's explanation. Is there any discussion on the Floor Amendment? Seeing none, all those in favor of its adoption, signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further Mr. Clerk?"
"No further Amendments. No Motions are filed."
"Third Reading. Representative Dan Biss, on the Order of Second Readings, you have two Bills, Dan, on page 8 of the Calendar you have House Bill 4996, on Second Reading. Out of the record. You also have House Bill 5198 on Second Reading. Out of the record. Representative Kelly Burke, on page 10 of the Calendar, Kelly, on the Order of 09700117.doc 14 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 Second Readings, you have House Bill 5342. What's the status on that Bill, Mr. Clerk?"
"House Bill 5342, a Bill for an Act concerning revenues. This Bill was read a second time on a previous day. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Kelly Burke, has been approved for consideration."
"Representative Burke on Floor Amendment #2." Burke, K.: "Thank you, Mr. Speaker. Floor Amendment 2 is a technical Amendment. It simply adds one more requirement for what would need to be disclosed by DCEO on its Corporate Accountability website and I move for its adoption."
"You've heard the Lady's explanation. Is there any discussion? Seeing none, all those in favor of the adoption of Floor Amendment #2 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. Anything further, Mr. Clerk?"
"No further Amendments. No Motions are filed."
"Third Reading. Leader Dan Burke, on page 16 of the Calendar, you have House Bill 4126. Read the Bill, Mr. Clerk."
"House Bill 4126, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Leader Dan Burke." Burke, D.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Very simply, this is the renewal of the Naprapathic Practice Act in our state; we call it the sunset clause. I'm asking that the Body favorably consider the renewal of 09700117.doc 15 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 the Naprapathic Practice Act. Be happy to answer any questions."
"You've heard the Gentleman's explanation. The Chair recognizes the Gentleman from DuPage, Representative Dennis Reboletti."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative Burke, I heard you speak about the Act and this need for the sunset to be continued. Is there any increases in penalties with respect to the Act? If you could give us a little bit more information on that, please?" Burke, D.: "Yes, Sir. There were some changes that every profession will have to be aware of and certainly abide by, some of the disciplinary regulations, some changes in titles as far as the Department of Professional Regulation, some technical language, but in fact, you are absolutely right. There are some changes with respect to disciplinary actions."
"Thank you, Leader." Burke, D.: "Thank you."
"Representative Burke to close." Burke, D.: "Thank you, again, Mr. Speaker. I'd ask for the Body's favorable consideration."
"Question is… the question is, 'Should House Bill 4126 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? Mr. Clerk, take the record. On this Bill, there's 09700117.doc 16 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 111 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Kelly Cassidy, on Third Readings, page 16, you have House Bill 4456. Out of the record. Leader Currie, on page 16 of the Calendar, under House Bills-Third Readings, you have 4601. Read the Bill, Mr. Clerk."
Clerk Hollman: "House Bill 4601, a Bill an Act concerning government. Third Reading of this House Bill."
"Majority Leader Barbara Flynn Currie."
"Thank you, Speaker. I'd like to move the Bill back to Second Reading for purposes of an Amendment."
"Mr. Clerk, move the Bill back to the Order of Second Reading. And what's the status on that Bill, Mr. Clerk?"
"Floor Amendment #3, offered by Representative Currie, has been approved for consideration."
"Representative Currie on Floor Amendment #3."
"Thank you, Speaker and Members of the House. The measure, the underlying measure of 4601, is cleanup language for the Comptroller's Office. One of the provisions would have required state agencies to file contracts with the Comptroller electronically instead of in paper form. She's trying to cut down on cost, trying to cut down on inefficiencies in State Government. But some agencies don't have scanners and they can't meet the requirements of the Bill immediately, so this… this Amendment instead of saying 'shall' essentially says 'may' 09700117.doc 17 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 for that portion of the Bill. I'd be happy to answer your questions and I'd be grateful for your support."
"You've heard the Lady's explanation. Seeing no questions to be asked the question is, 'Should Floor Amendment #3 pass?' All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #3 is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions are filed."
Speaker Lyons: "Third Reading. Representative Will Davis. Representative Will Davis… What's the status on House Bill 4466, Mr. Clerk?"
"House Bill 4466, a Bill for an Act concerning gaming. Third Reading of this House Bill."
"Move that Bill back to the Order of Second Reading on the request of the Sponsor. Leader Jim Durkin, on page 5 of the Calendar, under House Bills-Second Readings, you have House Bill 4116. What's the status on that Bill, Mr. Clerk?"
"House Bill 4116, a Bill for an Act concerning finance. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #2, offered by Representative Durkin, has been approved for consideration."
"On the request of the Sponsor, hold that Bill on the Order of Second Reading. Representative Durkin, you also have, on page 7 of the Calendar, under Second Reading, House Bill 4596, Jim. What's the status on that Bill, Mr. Clerk?" 09700117.doc 18 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"House Bill 4596, a Bill for an Act concerning government. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Durkin, has been approved for consideration."
"Leader Durkin on Floor Amendment #2."
"Thank you, Mr. Speaker. Floor Amendment #2 is an Amendment to the Freedom of Information Act which places restrictions on the types of documents which can be subject to FOIA during the course of a ni… active criminal investigation. We had a, you know, a good debate in committee and there were some concerns from the Attorney General, the Press Association, ACLU. This Amendment is agreed upon by the… those very groups, the ACLU, AG, Illinois Press Association, also Chiefs of Police, and the Illinois Criminal Justice Authority."
"You've heard the Gentleman's explanation. Is there any discussion. Seeing none, all those in favor of the adoption of Floor Amendment #2 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #2 is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions are filed."
"Third Reading. Representative Keith Farnham, on page 15 of the Calendar, Keith, you have House Bill 3895 on the Order of Third Reading. Out of the record. Representative Sara Feigenholtz, on page 19 of the Calendar, Sara, on House Bills-Third Readings, you have House Bill 5501. Read the Bill, Mr. Clerk." 09700117.doc 19 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"House Bill 5501, a Bill for an Act concerning civil law. Third Reading of this House Bill."
Speaker Lyons: "Chair recognizes the Lady from Cook, Representative Sara Feigenholtz."
"Thank you, Mr. Speaker. House Bill 5501 is a follow-up Bill to a Bill we passed a few years ago allowing adult adopted persons to get a copy of their original birth certificate. This is a Bill specifically designed for about a hundred-plus people who got a birth certificate with no information on it. It will permit them to get a copy of their decree so perhaps they could find out who they are. Keep in mind that if they do not have a copy of their birth certificate, they will not be able to get a copy of their decree. So, there are safeguards in this Bill that follow the current law. I'd be glad to answer any questions."
"You've heard the Lady's explanation. I will start the timer on this. The Chair recognizes the Gentleman from Tazewell, Representative Keith Sommer."
"Thank you, Mr. Speaker. To the legislation. House Bill 5501, which would open court orders, raises some concerns and raises the concerns on behalf of birth parents. And it was brought to me by my adoption attorney who indicated that opening these records would also provide certain information that's been confidential, identifying not only the birth certificate, but such as: the grounds of unfitness, names of more than one possible father, the addresses of birth parents, the names of unrelated minors. And I feel and others feel that some of this information should be redacted from this legislation and should not be 09700117.doc 20 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 included. We've had a disagreement on this in the committee. I don’t disagree with the Sponsor on the initial intent, but the fact that other information would be made public raises these questions and therefore, I would urge a 'no' vote."
"Representative Greg Harris." Harris, G.: "So, are there organized opponents to this piece of legislation, Representative?"
"Representative, I know of no opponents that have a… relevant to this issue. I have not been… aside from some of the points that Mr. Sommer made, I'll have everyone in the Body know that this document is available without need to show cause to adoptive parents. They could merely write a letter to the court; they don't need to petition the court for anything; they can simply write a letter and obtain a copy of the decree of adoption. Currently, but for those older adopted persons who get blank birth certificates, this is one more bite at the apple. They have not had a denial filed, so they are entitled to knowing their name and the name of their birth family and it's just another bite at the apple. It's actually a very simple Bill." Harris, G.: "And it has no opposition. Thank you."
"Chair recognizes the Lady from Cook, Represent… Representative Ann Williams."
"Thank you, Mr. Speaker. To the Bill. I want to rise in strong, strong support of this legislation. I was not here as many of you were to vote for the Bill that would provide adoptees access to their original birth 09700117.doc 21 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 certificates. For those of you that don't know, I am an adoptee, having been adopted at birth. Unfortunately, though, for me, I was adopted in the State of Pennsylvania, so that state has not been able to pass a law which would permit me to see any information about my identity. To this day, I cannot get any information; I can't get my original birth certificate or anything. Illinois has been more forward thinking, as a number of states have been, in allowing a person access to this very, very basic information about themselves. It's hard to imagine how it feels to not have this information because many of us are so used to knowing our ethnic background, that the people we call mom and dad look like us or have similar traits, but when you're adopted, you just don't have that information. I've spoken to a few of you but I wanted to share with you, and I have a copy here at my desk if you'd like to review it, a copy of a birth certificate that is a subject of this legislation. If you're lucky enough to live in a state to get your original birth certificate like Illinois, you might go down, apply for the birth certificate, you may get a copy of a document that unfortunately does not provide you your identifying information. The document that I'm holding is for an adoptee, I don't know his name because it doesn't have his name, instead it has, unnamed baby boy in the name section. And when it says father, it says illegitimate. Now, I know this doesn't sound politically correct and it's from a long time ago, but the reality is, there are people out there just like you and me and they want to know their basic 09700117.doc 22 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 information, the most basic circumstances of their birth, but instead, they are get… facing this piece of paper; all it says is unnamed baby boy, illegitimate. For many adoptees this is a lifelong journey. This is one which I have not completed, but I hope to do so someday and hope to have role in the passage of the Original Birth Certificate Law in Pennsylvania. But until then, I ask you to vote 'yes' in support of this very important Bill to the hundred or so people that have been waiting probably many, many years to get this most basic information about their identity. Thank you."
"Representative Dwight Kay."
"Thank you, Mr. Speaker. Does the Sponsor yield?"
"Sponsor yields."
"Representative, can you tell me why these records have been sealed for all these many years?"
"Well, it's a great question, Representative Kay. In… in the… we retroactively sealed adoption records for 99 years on an Agreed Bill List without any floor debates. So, I ask the same question."
"And what was the answer that you received?"
"I don't know. It certainly was not because birth mothers or birth fathers requested it. It was a… I really don't know why because it certainly wasn't a request on the part of birth parents, that's for sure."
"Okay. I think I heard you say there was no known opposition to this Bill, is that correct?"
"There may be some. Why don't you offer me some information if you have it?" 09700117.doc 23 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"Well, several family groups have come to me and they expressed great concern about this and I think they said they had spoken to you. So, I'm just curious. I think there is opposition to this and I think for a very good reason. I think the… the truth of the matter is that most of us, and I happen to be an adoptee just like Representative Williams so, some of us are very concerned about those people who all of a sudden lose confidentiality with respect to the decision they make about carrying that baby to term because privacy has always been very important in those decisions. So, I think the people that came to me were very concerned about whether or not women would continue to do that in the future as opposed to having unsealed records and all… all information available for the world to see and I think that's a real big concern that I think may have been expressed to you and certainly was expressed to me."
"Well, first of all I'd like to correct some of the comments you made. This is not for the whole world to see. There is only one person who can apply for their original birth certificate and that is me, and Ann, and you. We cannot do… nobody can get our information but us. That's first of all. Second of all, I'm not sure you heard me Representative Kay, but right now an adoptive parent can write the court a letter and ob… obtain a copy of this decree and that existed in law 15… for the last 15 years."
"Well…"
"So, that is not… that is not really a private document." 09700117.doc 24 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"Well, Representative, let's just assume that your argument is correct. I think the simple truth is that the person who made that decision was the mother and the mother has every right of expectation to assume that…"
"Representative…"
"…there will be some confidentiality."
"…that is an in… that is…"
"Representative Kay, your time has expired. I'll give you one more minute to finish the dialogue."
"Mr. Speaker, thank you. I… I will just close. I'm not going to support this Bill. I think it underpins the very tenets of what we've been trying to do for many years and that is to encourage adoption and I think not destroy it. And I think this is one step down a real serious path which is going to discourage people because of the lack of privacy from carrying babies to term and adopting them out to people who would like to have them in their homes. This is a bad Bill. This is a step in the wrong direction, and frankly, I think to unseal confidential records is a bad path to follow. I'm… I'm not going to support your Bill, Representative."
"Representative Sacia, three minutes."
"Thank you, Mr. Speaker. I'll be brief. Will the Sponsor yield?"
"Sponsor yields."
"Thank you. Representative, you and the previous speaker engaged in some dialogue and you seemed rather surprised that there are some groups that are opposed to this. Would that be a fair statement?" 09700117.doc 25 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"Actually, these are the same groups that were opposed to the birthcert…"
"Well, what's wrong with these groups, Representative?"
"Well, actually, their… I'm… I'm not certain that… I don't understand that… the argument about carrying a child to term. This…"
"I do."
"There is a… there is a provision in the underlying law that permits a pregnant woman to actually, for the first time in history of adoption law, say whether she wants her record opened or closed. Do you understand that now a birth mother can say that she wants to close her record or keep it open? Until that law passed, birth mothers had no rights. It was the courts and adoptive parents who sealed those records, not birth parents."
"Representative, if I may, I only have a minute and 47 seconds left. I believe in my heart of hearts that there are many young women that get… found a… find themselves in a situation of an unwanted pregnancy. They share a degree of embarrassment about that, they make a decision to probably go on and take the baby to term and give it up for adoption, but they really want to go through their life without having that information ever exposed. I don't know… you yourself said that the information could be petitioned to the court and could be obtained. That being said, why don't we just let that happen. Why are we getting involved?"
"Representative, I… I just want to be sensitive to exactly what it sounds like your concerns are, is that 09700117.doc 26 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 those very women have the right to keep their records closed. That is not what this Bill does."
"Repre…"
"That was the last Bill. That is not what this Bill does."
"Representative, I understand your Bill and I think when we have prolife groups opposed to it, that speaks volumes. And I get the sense that you don't really recognize these groups, I do. I… I think that there's a strong argument, as the previous speaker alluded to and I think this is a Bill that should be opposed. And I will be a red button, so thank you."
Speaker Lyons: "Representative Jakobsson. Three minutes, Naomi."
"Thank you, Mr. Speaker. As a Legislator and as an adoptive parent, I rise in support of this Bill. This is very important to the whole family, the adoptive parents and the adopted children. My children's birth certificates have the location where they were born and then when it has their parents, because the birth certificates have been changed, it looks as though I've traveled all over the world, wherever my children were born. I think it's very important for adoptees to have their birth certificates with their birth parents names on it. And again, as an adoptive parent, I fully support this Bill. Thank you."
"Representative Lisa Hernandez. Does not seek recognition. Representative Mulligan, you'll be our final speaker and then Representative Feigenholtz to close."
"Thank you, Mr. Speaker. Will the Sponsor yield?" 09700117.doc 27 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"Sponsor yields."
"Representative, do you believe that the Right to Life groups thinks that if you can't be anonymous you're going to have an abortion and that's why they're opposed to this?"
"I think that that is the argument, but you know, I… I… they failed to… I've actually taken that argument away from them, Representative Mulligan, by permitting birth parents to keep their records closed. There's been a lot of misinformation in this debate. There's only one person who could obtain that copy of their original birth certificate and that would be the adoptee. And I also want to very much respect some of the things that I've heard today, but I also want to articulate that when I… most of the birth mothers that I speak to want protection from society, but they do not require, and they have said this publically, protection from the children that they relinquished. As a matter of fact, an overwhelming majority of them open their doors and welcome contact."
"Representative, don't you think that the attitude that if you can't be strictly anonymous, you're going to have an abortion is saying and an injustice to women because I don't think they take that into consideration. I think…"
"It is. Ab… I agree with you, Representative."
"I think they take into consideration what's important to them and how they feel and what's going on in their own family and what kind of support they have. So…"
"That is correct." 09700117.doc 28 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"…I don't think that… I think that's a false way of looking at it and I wish that the groups that are opposed would understand that I think women have a more no… nobler thought when they decide to do this, and that a lot of women do because that's what they believe and that's what they're going to do."
"I think this is the first time in the history of adoption where birth parents actually have the choice to keep their records open or closed and this is what is going… and historically this is what encourages not discourages adoption."
"Okay. Unfortunately don't you think there's also two opinions as whether you're the adoptee, or the parent, or the person that had the baby. You know, I mean, I think there's two different ways of looking at it which makes this…"
"I… I just want to remind…"
"…a difficult vote."
"I want to remind the Body that this… the law that passed in the State of Illinois, there were only 4 out of 6600 applicants for birth certificates, only 4 adoptees were subject to denials that actually applied for their birth certificate. So, it's less than one percent. There were, however, a group of adoptees that got… were entitled to their birth certificate, but they were blank. All this Bill does is give that group an opportunity to…"
"Sara, we'll give you another minute to finish and Rosemary, one more minute, please." 09700117.doc 29 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"Thank you, Representative. I've supported your Bill in the past and I'll support it again."
"Representative Feigenholtz to close."
"Ladies and Gentlemen, I would appreciate it if you would… if we could look at the Bill, not emotionally, celebrate the fact that 6600 adoptees will finally be able to know who they are and where they came from and that this specific Bill is for the 130 or 150 that passed go on the first round but got nothing and need another bite at the apple. I'd appreciate your support."
"The question is, 'Should House Bill 5501 pass?' All those in favor signify by voting 'yes'; those… vote 'no'… signify by voting 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Dunkin, Mautino, Verschoore. Representative Dunkin, like to be recorded? Mr. Clerk, take the record. On this Bill, there are 52 voting 'yes', 58 voting 'no', 1 voting 'present'. Sara?"
"Postponed Consideration, please."
Speaker Lyons: "Mr. Clerk, put this Bill on the Order of Postponed Consideration. Representative David Leitch, on the Order of Second Readings, on page 14 of the Calendar, you have House Bill 5849. Read the Bill, Mr. Clerk."
"House Bill 5849, a Bill for an Act concerning regulation. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Leitch, has been approved for consideration."
"Leader David Leitch on Floor Amendment #1." 09700117.doc 30 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"Thank you. This Amendment was worked on with the Department of Public Health and tights up… tightens up the Bill to reflect some concerns they have and I would ask for its adoption."
Speaker Lyons: "Heard the Gentleman's explanation. No one seeking recognition, all those in favor of the adoption of Floor Amendment #1 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #1 is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions are filed."
"Third Reading. Representative Don Moffitt, on page 12 of the Calendar, you have House Bill 5672. Out of the record. Representative La Shawn Ford, on page 15 of the Calendar, under House Bills-Third Readings, you have House Bill 3782. Read the Bill… read… what's the… read the Bill, Mr. Clerk."
"House Bill 3782, a Bill for an Act concerning employment. Third Reading of this House Bill."
"Representative Ford."
"Mr. Speaker, will you move this Bill back to Second Reading? Thank you."
"Mr. Clerk, at the request of the Sponsor, move that Bill back to the Order of Second Reading. Representative Esther Golar, on the Order of Third Reading- House Bills, on page 18 of the Calendar, Esther, you have House Bill 5450. Out of the record. Leader Mautino, on page 19 of the Calendar, under House Bills-Third Readings, Frank, you have House Bill 5632. Read the Bill, Mr. Clerk. 09700117.doc 31 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 Representative Mautino, I've been informed by the Clerk that there's an Amendment pending. You want to take that Bill back to the Order of Second Reading? What's the status on the Bill, Mr. Clerk? The Bills on the Order of Second Reading, the status?"
"Floor Amendment #1, offered by Representative Mautino, has been approved for consideration."
"Representative Frank Mautino on Floor Amendment #1."
"Thank you. This Bill is the final piece of the unemployment insurance package that we put together and this Amendment just puts on the correct effective date. Ask for adoption."
"You've heard the Gentleman's explanation. No one seeking recognition, all those in favor of the adoption of Floor Amendment #1 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #1 is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions are filed."
"Third Reading. Representative Don Moffitt, on page 7 of the Calendar, under House Bills-Second Readings, you also have House Bill 4757. Out of the record. Representative Jehan Gordon, on page 12 of the Calendar, you have House Bill 5659, on the Order of Second Readings, Jehan. Out of the record. Representative Eddie Jackson, on page 7 of the Calendar, under House Bills-Second Readings, Ed, you have House Bill 4695. Out of the record. Representative Naomi Jakobsson, on page 15 of the Calendar, 09700117.doc 32 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 under House Bills-Third Readings, you have House Bill 3045. Out of the record. Representative Chuck Krezwick, on page 18 of the Calendar, you have House Bill 5212. Read the Bill, Mr. Clerk."
"House Bill 5212, a Bill for an Act concerning wages. Third Reading of this House Bill."
"The Gentleman from Cook, Representative Chuck Krezwick."
"Mr. Speaker and Members of the House, HB5212 simply allows municipalities and other governmental bodies to meet their obligation of prevailing wage notification by an electronic means. Currently governing bodies must send out notices by mail and governing bodies now will be required to include in their contracts or other instruments that the prevailing wage info is available at the website of the Illinois Department of Labor. There is no opposition. And I ask for an 'aye' vote."
"You've heard the Gentleman's explanation on House Bill 5212. And the Chair recognizes Leader Lou Lang."
"Thank you, Mr. Speaker and Ladies and Gentleman. Mr. Krezwick, good afternoon, Sir. Did you have a good weekend?"
"I had a… I had a nice weekend."
"I think you'll appreciate the fact that we've been talking about it over here and we think you made an excellent presentation on your very first Bill. This is your very first Bill, Sir?"
"Yes, it is." 09700117.doc 33 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"A little louder, Sir, so we can hear you. A little louder."
"Yes, it is."
"Okay, good. Is Mr. Ramey here? Do you have your red jacket here with you, Sir? No, all right."
"I have one here."
"So, Sir, in your… in your description of the Bill, you indicated that there were no opponents to the Bill. Is that correct?"
"That is correct."
"So, is the analysis wrong that we have?"
"No. There… I don't know what you have, but the analysis I had indicated there was no opposition."
"Well, it says here… well, all right. So, let's get beyond that. So, you explained what your Bill does, Sir, but I'm a little in the dark. So, you read something that was prepared for you, but perhaps without reading what was prepared for you, you could tell us like in English what your Bill does."
"Okay. Basically, the easiest way to explain this is currently, if there's any… any changes, a notification has to be made by a governing body or municipality. They have to make the copies, send everything out. It requires a lot of time, a lot of labor and what… what this would do would simply be, you'd… you'd go to a website, a notification would be from the govern…"
"Excuse… excuse me, Sir. Representative Gordon has a gift for you."
"Oh. No, that won't… it won't fit." 09700117.doc 34 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"Take… sir, have you ever been at a tailor shop? Take your coat off. It's not really red, but it'll have to do. But continue your explanation. You look great, Sir."
"Thank you."
Speaker Lyons: "You look like Superman, Representative Krezwick."
"Please proceed, we're… this is serious business, Sir."
"I'm trying… I'm trying. This brings everybody into the 21st century. It simply says rather than have to send your paper out, go to the Illinois Department of Labor, look at their website, the information is available. Governing bodies will be require to put this indicator in their contracts. It's a real simple Bill."
"Well, then how… why am I have so much trouble understanding your explanation, Sir?"
"I don't know."
"So… so, let me get this straight. So, the only notice then that would be required is posting it on the website?"
"Well, it will be posted on the website, but notification… you're required as you enter into a contract to indicate that the information is available there. And as I said, there's no opposition."
"So… so, how do you indicate that?"
"It's on the website at the Illinois…"
"So, it's on the website, but you said you have to indicate that it's on the website."
"Yes."
"Who do you indicate that to and how do you go about doing that?" 09700117.doc 35 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"You would indicate that in your contract. When you… when you do your contract or whatever document you're going to use, it would have to be indicated in there."
"I see. So, in the process of creating a contract, the contract is going to be mandated to say that notices will be on the website?"
"I couldn't have said it better, Representative."
"Well, you should've said it that way. So, let me… let me ask you this. What is the penalty for not doing that, Sir?"
"I'm not sure of that."
"Well, it's your Bill."
"I'm still not sure of it."
"Do we think Mr. Krezwick ought to know what's in his Bill? You want to take it out of the record, Sir, and check to see what the penalty is?"
"No."
"No. You don't really want to do that. Is there a penalty for not putting it on the website?"
"I… I am not sure."
"Is there a penalty for not putting it in the contract?"
"I'm sure that there would be."
"What is that penalty?"
"I'm not sure."
"You're doing this very well, Rep… You're losing your coat, Sir. Sir… Sir, you're losing… Thank you. A staff person is helping you. It's very nice. So, so who's for this Bill? You said…"
"Everyone. Everyone." 09700117.doc 36 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"Is Representative D'Amico for this Bill? You don't know, do you?"
"He voted for it in committee."
"Is Mr. Biss for your Bill?"
"Yes."
"All right. Who… have you talked to everyone here?"
"I've tried to, but I don't know if I talked about this Bill."
"So, you don't know if everyone's for this Bill, so you, Sir?"
"I think I might find out shortly."
"Well, wait a minute, wait. I have another question. Is Mr. Franks for your Bill? Remember, he's not for anything."
"I don't know."
"You don't know. So, you told us everyone's for your Bill, but you really don't know. This is what I'm trying to point out, right?"
"Yes."
"All right. So, I'm going to leave this to others to ask you many more insightful questions."
"Oh, no."
"There will be others. I think Mr. Reboletti is over there prepared to ask you some questions, which will probably be less intelligible than the ones I asked you. Good luck, Sir."
"Thank you."
"Representative Reboletti."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor awaits your question, Sir." 09700117.doc 37 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"Yes."
"Representative, you said you talked to a lot of people in this chamber, but not about this Bill?"
"I think I have. I've… I've tried to. I've tried to meet as many people here as I possibly can."
"You think you have or you did?"
"I'm sorry?"
"You think you have or you did talk to people here in this chamber?"
"At this moment, I'm not sure of anything."
"Well, I would ask you to take your Bill out of the record if you're not even sure why you're presenting the Bill, especially, since the fact is that I don't think that jacket is actually as red. And I think we have to wait 'til you get a red jacket. Would you take the Bill out of the record 'til we can give you Representative Ramey's red jacket?"
"I think it appears red on TV."
"Well, this TV's been pretty broken for the last week, so I don't think we can judge that at all. Did you know Representative Rose is opposed to this Bill? He actually just told me. And so, I would ask that you would take it out based off of that because you said no one was opposed and my seatmate's opposed. And so, I think he'd like to talk to you about it first before you move this any… move this forward. Would you be willing to do that?"
"I… he's opposed to everything." 09700117.doc 38 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"Representative, how much is Representative Zalewski charging you for his legal advice because I know he's not giving it to you pro bono?"
"I can't tell you."
"I'm sure you'll get a bill in the mail. I know that Leader Lang and his very intelligent questions asked you about Representative D'Amico's position and I was wondering if you had brought your legislation in front of our subcommittee with our Italian-American Caucus. We… we usually do meet once a month and I was wondering if you'd brought it to us to see if we were supportive of it or not?"
"Oh, yes, sure."
"You did bring it to us? I don't know if I was at that meeting and I'm not sure if the jailer sitting next to you is the guy you want to be getting legal advice from. Why were there people opposed to this Bill?"
"I can't imagine why anyone would be opposed to this Bill."
"I'm… I'm not sure if I… I can support the Bill. If this Bill was so great, Representative, how come you only… you're the only Sponsor of the legislation? No Democrats on your side wanted to join you on your first Bill? Not one would join you? Representative Cunningham wouldn't get up."
"Yes, he…"
"He sits right next to you, you could have gave him a cosponsor slip. Did you ask him?"
"He'll support me." 09700117.doc 39 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"There we go. Oh, that's… I'm sorry. He's a Senator and they have a whole different program and schedule over there so I don't want to slow his thought process down. Thank you, Representative Zalewski. Representative, I don't think you'll have a lot of success in this Bill, but I sure wish you a lot of luck in your next one."
"Thank you very much. I appreciate it."
"Leader Mike Bost."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"I… I have a few questions. Now, and forgive me for this, this place turns over so quick. Who was it that you replaced again? You…"
"McCarthy."
"…you had to ask to find out who you replaced? That's a first. I've been here a long time and that's the first time I've ever seen that."
"I'm in trouble with him now. Representative McCarthy…"
"Did you clear…"
"fine Gentleman."
"Did you clear… did you clear this Bill with Representative McCarthy?"
"We've discussed it."
"No, now wait a minute. You said a while ago you've discussed it. Well, you said you didn't really discuss the Bill with everybody. Did you really discuss this Bill with Representative McCarthy?"
"Well, he wasn't Representative at the time." 09700117.doc 40 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"But why didn't he carry it when he was here?"
"I don't know. I… He…"
"I'm a little concerned because our analysis actually shows that there are a couple people that are not in support of the Bill, but they're neutral."
"How could that be?"
"Can… can you tell me… how… how do you interpret the fact that you could only get them to a neutral position?" Krezwick: I didn't work hard enough."
"Representative, this is your first Bill. You're supposed to work very, very hard on your first Bill. You're supposed to work hard on all Bills. Now, wait a minute. How about your second Bill? Do you have a second Bill?"
"At this time I do not."
"You know… you know, this may be your one and only Bill. Is that what you're saying?"
"Maybe."
"Is it your intention to pick up some Bills when they come over from the Senate?"
"Hopefully, yes."
"Will you handle those a little bit better?"
"Yes."
"I have one more concern. I… and let me tell you that here on the House Floor, when we work on these Bills, the important issue is quite often that… that when we don't know an answer that we can check with our staff and then manage to get those answers. I'm a little concerned because the staffer behind you, when you kept saying I don't know… I don't know, sweat was beading out and he… he was ripping 09700117.doc 41 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 through papers at a high rate of speed. Is that how you treat staff?"
"No… no."
"Well, Representative, I'm going to tell you. I'm going to look this over very, very closely. I'm a little concerned about the people who might be neutral on this, but I've got this feeling that there's going to be a lot of red lights light up."
"Representative Dave Winters."
"Thank you, Mr. Speaker. I was privileged to be in the Labor Committee when this Bill came forward and it did solicit at least one opposition and that was from the Postal Worker's Union because I understand that this Bill will lower the amount of postage that's going to be paid and the amount of work for the postal union. You also made a commitment, I believe, in the Labor Committee to the Chairman, John Bradley, that you would attempt to present this Bill in Latin when you brought it to the floor. Have you, in fact, practiced your Latin well enough to defend it on the floor in Latin?"
"I cannot do it in Latin, but I know I did promise him that. But…"
"Can you at least try it in Pig Latin? That would be close enough for this floor."
"Oh… no, I cannot."
"And that staffer who's not being paid prevailing wage just whispered something in your ear. Do you want to share what he just whispered?" 09700117.doc 42 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"I have no idea what he said, I have an earplug in here."
"Was it in Latin, also? Was that whisper in Latin?"
"Yeah."
"It may have been. Well, we also have one other piece of Latin. We have a little white hat here that is accompanied by a trophy."
"Oh, no."
"That trophy, the Century Club trophy, the Latin is in layman's terms is to bleep you and your Bill in Latin. I would submit that if this is the only Bill that you are carrying this spring and that, I believe you're not running for another term, this may be the only Bill that you present to the House. If we, in fact, give you the Century Club trophy, you would be the only one in the Century Club whose only Bill got 100 'no' votes. So, I'm suggesting to this chamber that this may be a way to set a precedent for a freshman with one Bill that can't know enough Latin to present it on this floor. I urge a 'no' vote."
"Representative Randy Ramey."
"Thank you, Mr. Speaker. My name was used in debate a couple of times. May I address the Sponsor?"
"He awaits your inquiry, Sir."
"Thank you, Mr. Speaker. Representative Krezwick, you look a little disheveled, would you like to change your jacket at this po… moment?"
"Yes." 09700117.doc 43 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"It keeps falling off your shoulders so, if you want to take a moment to switch it around, I'll give you some time."
"Yes, we can switch."
"Okay. No, take off your inner jacket, put on your red one. And while you're working on that, Representative, I was driving down here today and I received a call and of course, thinking… That looks much better, much better. Very good, Representative. You might pick up one or two 'yes' votes now."
"Oh, please."
"As I was driving down here today, I got a call and of course, I was using my hands-free device, and they asked me if I was bringing my red jacket down. I said sure, and they said Representative Krezwick's first Bill was today. And then, when I… So, I said I would happily bring it to the floor. And then I was told that you brought your own. Where is yours?"
"It's hidden. I was hoping nobody would know about it."
"Representative, let's see your red jacket."
"Representative Tryon."
"Oh, wait… wait…"
"Thank you, Mr. Speaker. I rise to ask the Representative a few questions, if he will yield."
"I think Representative Krezwick is available for a couple questions, Sir."
"Representative Krezwick, I'm actually have some legitimate questions, but now that I see that jacket, I 09700117.doc 44 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 mean, that looks like a NASCAR jacket or something. Is that what that is? Racing stripes on it or something. That's not what it is?"
"No, it's an AOPA jac… windbreaker."
"Oh, okay. Just… just checking on that. It's pretty bright, but… So, a couple of years ago, we passed a Bill that required municipalities to have to disclose to a potential contractor, who fell under the prevailing wage laws, that prevailing wage apply, either on a work order or the bidding notification. And if they didn't disclose that, then there was any kind of fine that ensued on the contractor and the municipality had to… had to pay the fine and the contractor had to pay the back wages. Does this Bill change any of that?"
"No. It doesn't change anything except notification. Whatever the penalties were for not doing it, everything is going to be the same. This just makes it a little bit easier for municipalities across the state."
"Okay. So, does it… so, if a municipality doesn't have to use this as their notification that prevailing wage applies, it would still have to be disclosed on the work order and in the bidding documents that prevailing would apply?"
"Yes, it does."
"Okay. Well, I appreciate those questions. That is an interesting jacket. I will tell you though, I do like that jacket better than the other one that you had on."
"Thank you. I do too."
"And… but I don't…" 09700117.doc 45 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"We have two final speakers."
"You did very well."
Speaker Lyons: "Representative Bradley and Arroyo. Representative Bradley and then Representative Arroyo and then Representative Krezwick to close."
"Will… will Representative speed racer yield for a question?"
"He awaits your inquiries, Representative."
"I… I stepped out for a moment, I come in here, he's reenacting a scene from Tommy Boy, I get bear claws stuck two at a time, and now he looks like speed racer. I would like to have a parliamentarian ruling as to whether or not this is an appropriate jacket for the House Floor."
"I'll confer with the attorneys here."
"Representative, does this Bill exempt Home Rule?"
"I'm sorry, repeat that."
"Representative, does this Bill exempt Home Rule?"
"My understanding, no, it does not."
"It does not."
"It does not."
"What is the fiscal impact of this? Are… are we… have you got an interpreter on the microphone now for my southern accent?"
"I can… I can't tell you. There is no impact."
"No impact. Does it impact downstate communities?"
"Possibly more so, I don't know."
"Where is the city… where is the City of Carbondale on this issue? Representative Bost would like to know." 09700117.doc 46 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"I would say that based on the fact that the Illinois Municipal Leagues supports this, I think they're okay."
"Really? In committee, did this get out of committee without objection?"
"Yes."
"Representative Winters objected to it, did he not?"
"I don't recall."
"So, I've just said two names and now they can get back up and speak again. I stand in support of this Bill. Congratulations on your first Bill." Krezwick" "Thank you."
Speaker Lyons: "The final speaker will be Representative Arroyo."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Whose position did you take? Who did you fill in for?"
"Representative McCarthy."
"I thought McCarthy use to sit over here?"
"I have no idea."
"Well, I'm going to follow in McCarthy's tradition. Every time he used to come here we use to get in a little trouble. He used to say move the previous question. So, can we… can we do that? I'm the last one anyways, but I want him to know what that is. So, do you need help, do you need me to move the previous question? He said, what is that? Okay. Move the previous question. Thank you."
"Representative Krezwick to close."
"I just ask… I just ask for an 'aye' vote on this Bill, please. Thank you." 09700117.doc 47 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"The question is, Ladies and Gentlemen, 'Should House Bill 5212 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Davis, Dunkin, Ramey, Sullivan. Mr. Clerk, take the record. On this Bill, there are 107 Members voting 'yes', 4 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Congratulations, Representative on Bill #1. Leader Lang, on the Order of Third Readings, Lou, you have, on page 18 of the Calendar, House Bill 5288. Read the Bill, Mr. Clerk."
"House Bill 5288, a Bill for an Act concerning liquor. Third Reading of this House Bill."
"The Gentleman from Cook, Representative Lou Lang."
"Thank you, Mr. Speaker. Ladies and Gentlemen, this is a Bill proposed by the beer distributors, which is unopposed at this time with the Amendment, requiring manufacturers to disclose whether or not they hold other licenses. That's all the Bill does. I ask your support."
"The Chair recognizes the Gentleman from DuPage, Representative Reboletti."
"Thank you, Spon… Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Leader Lang, I'm looking at the Floor Amendment and I'm looking at it a change from 30 days to 90 days about merchandising credit. Is that… is that part of your legislation?" 09700117.doc 48 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"Can you ask me that question again, Sir?"
"I'm looking at the Floor Amendment #1 and it says that, in providing a statement, the applicant has not received or borrowed money or anything of value, merchandising credit in the ordinary course of business for no more than 30 days instead of 90 days. Is that… is that one of the changes that this legislation makes?"
"I believe that was in the original Bill and not in the Amendment."
"I'm look… our analysis shows it was in the Floor Amendment."
"All right."
"I'm sorry. It was in Floor Amendment #1 but you're saying it removed all opposition then?"
"Yes. With the Amendment, anyone who could have been… no one was actually opposed. Some people had some issues, but with the Amendment everyone went to neutral."
"Thank you."
"Representative Lang moves for the passage of House Bill 5288. 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 du Buclet. Mr. Clerk, take the record. On this Bill, there's 111 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mayfield, on the Order of Second Readings, you have House Bill 5187. Read the Bill, Mr. Clerk." 09700117.doc 49 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"House Bill 5187, 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. Representative Mayfield, Rita, you also have on Second Reading, House Bill 4145. Read the Bill, Mr. Clerk."
"House Bill 4145, 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."
"Third Reading. Representative JoAnn Osmond, on page 19 of the Calendar, under House Bills-Third Readings, JoAnn, you have House Bill 5789. Read the Bill, Mr. Clerk."
"House Bill 5789, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Leader JoAnn Osmond."
"Thank you, Mr. Speaker. Members of the General Assembly, as it reads up there it says park entrance fees. My district has three parks. One is the Adeline Jay Geo- Karis Park which sustained a thousand trees down on July 14. The park is not open. The park hopes to be open next month. Chain O'Lakes State Park is in bad need of repair. The campers that go there see picnic tables broken, fire pits not maintained. There's just certain things that you need to have a state park safe, safe for our children, safe for those who use. When you see park entrance fee, this is a user fee, this is only for people that come and use the parks. We have established this to give authority to the 09700117.doc 50 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 DNR to set a… an annual fee, a one-time fee. You'll purchase the sticker, the sticker will be on your car and you can go in and out of the parks a thousand times if you wish in one year. The parks are desterate… desperate for repairs. They need their roads repaired. They need buildings redone, they need the sewers, septic systems all refinished, and that's what this Bill is for. It's to give the parks accs… access to repair and to make it good. I'd be happy to answer any questions."
"You've heard the Lady's explanation on House Bill 5789. The Chair recognizes Leader Mike Bost."
"One… one question for the Sponsor, if I can, please."
"Spon… Sponsor awaits your question, Leader."
"It… JoAnn…"
"Yes. I'm sorry…"
"…this… this fee, even if you're out-of-state resident. So, those people who come to visit the State of Illinois they'll… they'll actually be paying this fee as well, correct?"
"They'll pay an additional higher fee."
"Okay. Thank… Mr. Speaker, to the Bill. I rise in support of the Lady's Bill. You know, you'd like to never, ever raise fees. You'd like to never put those things on, but at a time whenever the state is in the condition it is, this is a pleasure… these are pleasure areas. There… they are… many of these are becoming to the point that they need maintenance and there's issues that have to be taken care of. One thing is for sure that we can collect some more tourism dollars to support that by these fees, if it's 09700117.doc 51 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 greater for those that are out of state. Let me tell you, that our surrounding states have been doing this for quite some time. And I do stand in support of the Lady's Motion."
"Representative Reboletti."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Leader Osmond, when we talk about fees, do we know of the set number and what we would charge a vehicle or a family per year? Has that number been arrived at as of yet?"
"No, it just gives the authority for the DNR to establish these fees. I believe it's… their concept is not to exceed $25 per year and additional possibly 10 or 15 dollars more for an out-of-state sticker."
"And do any of the… our surrounding sister states, do they have any entrance fees into their parks? Are you aware of that? Did you do any research on that?"
"I know Wisconsin, I know Iowa, I know Minnesota."
"And what are the… do you know the fees on those states? Would this be similar to what they are charging people from our state to tour their…"
"Wisconsin is a $7 daily feel… fee and a $25 annual fee."
"Speaker, if we could get some quiet in here. I know it's relatively loud in here today."
"As it always is, Representative, on the first day back. Ladies and Gentlemen, we have discussion going on a Third Reading Bill. Could we please ask staff and Members bring your conversations down. Shhh Thank you." 09700117.doc 52 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"Thank you, Speaker. And you were saying that other states do charge an entrance fee."
"Yes."
"What guarantees do we have that this money will make it back to the state parks that people will be using with these user fees?"
"Well, this is going back to the wildlife and that particular fee is for the maintenance in the parks."
"Thank you."
"Representative John Cavaletto."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Will people who go into the parks to hunt… will they… they already have a fee for the pheasants and for the deer, will they have to pay a double fee?"
"Well, what we're understanding right now is that the… the fee will be for everyone, but there is a very strong thought process going on that those who take for snow mobiles or for fishing or whatever the case may be, would have a lesser fee. So, everybody is going to… everybody that uses the park will have to get some type of sticker be it daily or yearly, but those who have to get the special stickers for certain activities would have a lesser fee."
"So, the parks that have a restaurant…"
"They would not be charged. They would just be automatically allowed in to go to the restaurant if that's their only destination." 09700117.doc 53 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"Okay. So, I understand it to be that there'll be no double penalty here, but everybody will have to buy a sticker to get into the park no matter what."
"Yes. It's a user fee."
"And the people who use the park, get to hunt pheasants year-round, will have to pay a lesser fee?"
"They will… they will have the regular fee that they pay for getting into the park, but their fee that they're paying right today for pheasant hunting would probably be reduced a certain portion. So yes, they would have a lesser fee for their activity."
"But they would have to pay every time."
"They would have to pay like they do now. they would have to pay an entrance fee, a yearly annual entrance fee, but when they get their permit for whatever activity they're doing, it would be lesser. In other words, if they're paying $20, maybe there'd be a consideration of only 10 if they carry the park sticker existing, you know, for the year."
"To… to go into the park to pheasant hunt, to hunt two birds, will cost this year $30 for each man."
"Okay. But you're still… that could be reduced. In their… in their structuring of the fee, that could be reduced, but everybody that uses the park will have to have the entrance fee. So, yes, they will have to pay a little bit more, but the problem here is if we don't have this fee, we're going to have parks closed and they won't be able to hunt and fish and do the activities that they're accustomed to. And I know that in some districts there's 09700117.doc 54 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 certain hardships that have to be addressed and I've already talk… talked to… or spoke to the director and he definitely will take those into consideration when they're doing it for the certain parks."
"I… I think this needs to be taken into consideration because it… these people down in southern Illinois during the winter time use the facilities at Rend Lake probably five to six days a week to hunt. So, I would hate to have to see them pay $30 to hunt two birds and then also pay a $10 fee or $15 fee to get into the park. So, if you're saying then that everyone… everyone is going to get… that they would get a reduced price because they do use the park, I don't see how they're going to take that money and reduce from the birds because that goes to pay for the birds and the raising of the pheasants and so on and so forth. So, they won't… they won't be able to raise… reduce that fee."
"Well, I think it's all in the structure of the fee and I think what you're… you're stating today has to be looked at with the director. He has to take that into consideration."
"I would hope so and I'm in favor of your Bill, Representative."
"Thank you very much."
"Thank you and I hope something can be done."
"Representative Moffitt."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." 09700117.doc 55 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"Representative, the… the original estimate I think was somewhere in-between 8 and 12 million new money. Is that correct? Is that still accurate?"
"I was told it's right around 8 to 9 million."
"Eight to nine million, new money, additional money?"
"Yes."
"Okay. Do you think there are adequate safeguards that this money… I mean, I like the idea, a user fee, if the work's not being done, if this is what it takes to keep the parks open, I think it deserves consideration. Are there adequate safeguards in place that this money will really go for park maintenance and not fall victim to the grim sweeper?"
"Well, what I've been told is that if… if they choose to go and sweep this account, they have to pay it back. And I believe that the money that has been swept out of certain accounts this last year has to be paid back in 18 months."
"Okay. And that's part of the legislation is that it has to be paid back?"
"It would be treated the same way, yes."
"Are there any added costs to implementing this? I assume you're going to have to have additional staff possibly to enforce it, to maintain it, to…"
"Well, if we go to the yearly sticker, we're not going to have addit… I mean, we will have jobs for additional maintenance work, but as far as the policing of the stickers, it is still going to be the Conservation Police who patrol the parks. They'll be looking for this sticker; it's really more on the honor system. You know, I've had 09700117.doc 56 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 numerous phone calls and e-mails saying thank goodness that we're looking at this in a positive vein and that we really need to do this work in our parks. We're hoping that all this money will be used to keep the parks open. We're faced with parks closing. If you remember in 2008, Governor Blagojevich at that time closed certain parks because the maintenance couldn't be completed. And that's what we're fighting right now is to keep… keep our parks safe for our children and our grandchildren to enjoy."
"In response, Representative, I do remember that and I can remember very early in Governor Quinn's administration he reopenned the parks or kept them open. It's to his credit that… that they've been kept open and also, we have an outstanding director at DNR in Director Miller, so that… that certainly adds the confidence. I agree with the concept. I'm going to vote for it. I just think that we all need to work together to protect those funds and I… you want to do the same and that you'll work to make sure that happens. I guess one additional thing, in addition to keeping them open, when you talk about deferred maintenance or delayed maintenance, generally the cost goes up even higher, so the longer you put it off the more difficult it is to bring it back. So, it actually… the sooner we can get the adequate revenue there, the sooner we can actually bring them back up to full speed and stop that additional cost. So, thank you for bringing this forward. No one likes to vote for a fee increase, but if we believe in having the parks, having them open, having them safe, then we need to do this. Thank you." 09700117.doc 57 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
Speaker Lyons: "We'll have three final speakers. Franks, Winters, and Ramey, and then Representative Osmond to close. Jack Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I've read your Bill, it's very simple, it's short. Essentially, it indicates that the department can charge an annual vehicle admission fee for access to properties owned, managed, leased by the department, correct?"
"Yes, Sir."
"And the department may charge a daily access fee to pedestrians and to the owners of vehicles that do not have a current annual vehicle sticker, correct?"
"That's correct."
"And the department may establish a fee for individuals who use the park without paying the annual vehicle admission fee or daily access fee."
"You mean, when they're going to the restaurant? Is that what you're talking about?"
"No, I'm reading the Bill. It's subsection (d). It says the department may establish… and… and I didn't understand this. The department may establish a fee for individuals who use the park without paying the annual vehicle admission fee or daily access fee."
"I believe that's if they're leasing a certain picnic area or something like that for a fundraiser."
"Okay."
"They can pay one general fee." 09700117.doc 58 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"Okay."
"Representative Dave Winters."
"Wait, I'm not… I'm not done yet. She was conferring with…"
"All right, Representative Franks."
"So, here's… so, there's many new possibilities for the department to raise money on fees. What I don't see in this Bill is anything that would safeguard those moneys. There's nothing in this Bill that would prevent a fund sweep."
"Well, I just addressed that with Representative Moffitt a minute ago that we… any funds sweeps that take place right now are like loans, they have to pay them back in 18 months. There's nothing to guarantee that this would not be swept, but they have to pay it back. So, hopefully, with the need that we have so great right now with the repairs in the park, and the Governor supporting this issue, I think that, you know, the chances of it being swept in the near future are very slim."
"I'm just concerned about that kind of opportunity to sweep funds because we've seen it a lot. And we… and recently, there was the new Bill, that was just for last year when they swept the funds and had to pay it back in 18 months. There's… that's… that was only for those funds being swept. There's nothing here that would require funds that are swept to be paid back, should this be swept."
"Well, I have been told that it does… it does fit this. So, if you know something different, it's… it's…"
"It was my… it was my understanding that it was just for this… this swept funds from the last budget." 09700117.doc 59 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"I would have to refer to Representative Mautino who told me no."
"Okay. Thank you."
"Can I go on, Representative Franks? Is that okay? Okay, thank you. Representative Dave Winters."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, we discussed this in caucus a little bit, but I just wanted to put it on the record. One of the concerns was that DNR might end up imposing gates… toll gates if you will at the entrance to most of the state parks and use up a lot of the money in the administration of the fees. You said, I believe, that they intended to enforce it more by looking at the parking lots and actually just a ranger go through, check the vehicles that are…"
"To my… to my knowledge the toll gate is not going to be there. It's going to be more on an honor system and if you come in the park and the Conservation Police come by and do not see a sticker on your car, then you may be subject to a fine."
"And… and do you have any idea how they will dispense, say, that you're an out-of-state visitor, would there be some type of kiosk at the entrance of the park that you could put cash in and get a sticker out?"
"It's definitely in the… what… I've talked to Director Miller, that is part of the plan to have that… basically on some type of an honor system where they could purchase them there." 09700117.doc 60 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"Okay. So, that was the one concern that I had that we would use most of the revenue in administering it. As far as you understand it, in talking to the administration, it would be a relatively low cost of administration. Most of the funds that are secured would then flow directly into the department to enhance their capital program and the upkeep of the parks."
"Representative Winters, the parks are in such desperate need of this money that I think that that is going to be where their mindset is, is to get the parks back for tourism to help gain more revenue for the State of Illinois."
"Great and I applaud your Bill. Thank you."
"Representative Ramey."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, at first glance, of course, being a fee implemented, normally we would be voting against that, but I have perhaps a special concern here. I have a state park in my district, which most people don't know about, it used to be Tri-County State Park now it's Pate Philip State Park. The problem with that park was that was defunded basically and we have a intergovernmental agreement between the Forest Preserve and the Bartlett Park District about keeping that running. With this fee, will those other governmental agencies get any of that funding?"
"Not to my knowledge."
"So, that may not be very helpful to them which brings me to the next question, the usage. Seeing how we have that 09700117.doc 61 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 in our governmental agreement, would the moneys coming back to that park be based on how many people come in, or because they have other funding sources that they wouldn't get anything to them?"
"It's my understanding that it's going to go to need first. As I explained to you before, the Adeline Jay Geo- Karis State Park had a thousand trees down. A thousand trees are devastating to a park. I know out in Galena, that Representative Sacia has a park that there is potholes at the entrance that's unsafe for people to get into the park."
"Well, I understand…"
"If your park has great needs, then we need to address those also."
"Well, there was a great need and that's why we went to an intergovernmental agreement to get other agencies to pay for it, which works well and so they saw a need and found it and fixed it. So, my concern here I guess is now we're going to start fees for people to use this park, there's no return, will those govern… governmental agencies then take away from it… leave and then there won't be any funding at all."
"I…"
"I don't know how with this Bill…"
"…I can see your point and I don't know how to answer it for you yet, but hopefully, I can get some answers for you."
"All right. Will… will the funding you're saying between your 8 million to 12 million you said basically 8 million, 09700117.doc 62 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 will this turn out to be like a shell game like we did for the lottery for education funding where $600 million was made by lottery but then they took $600 million out of the budget to use somewhere else, so it didn't go to education funding. Is there any protections that the current funding will stay the same and we're adding on?"
"I can tell you right now, today, we're fighting to keep these parks open."
"Well, I understand that, but if we're going to get 800… 8 million coming in with this fee increase, will they cut 8 million from the line item?"
"Well, I can tell you now that in the previous 10 years, 50 percent has been cut. I can tell you right today, it's out there to be cut again and that's why we’re looking at this. You and I both know we don't vote for fees very often."
"Right."
"For me to carry this Bill as a Republican, you know that I am really faced with issues that I haven't dealt before."
"Well, and I agree with you totally and I see the need. Problem is there doesn't seem to be a lot of protections here that you know, it's making me waver on this, I guess. And here's my last question. The specific park in my district has a lot of… 'cause there in-between three high schools and many middle schools, they get a lot of field trips out there. Do the schools have to pay that fee to get their bus in there?" 09700117.doc 63 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"I believe that that was one of them that they were considering may not have to pay. They may have to pay some nominal small fee, but again, this is all in… in the discussion of how this fee is going to be taking place and because you brought it up today, I think that's another issue we have to… we have to discuss with the director."
"So, that… if this were to pass, then that whole discussion is with the director himself and how the implementation will proceed. All right, thank you."
"Thank you."
"Representative Moffitt, your name was used in debate. You told me you had one quick question."
"Thank you Mr… thank you, Mr. Speaker. Very briefly. Representative, I don't know if this includes anything that would give a discount to veterans, we've done that on some of our other permits, fishing license, or when they first come back, hunting. If it's not in there, something we could look at. If it's in there, you can tell me, if not I'd be happy to work with you to try to extend some, it's a way of saying thank you to them."
"Well, I agree. I think it should be a consideration and again, as Representative Ramey has brought forth, these are all things that have to be made up in the discussion of how this fee is going to be structured."
"Real fine. Thank you."
Speaker Lyons: "Leader Bost on some housekeeping, Representative." 09700117.doc 64 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"Thank you, Mr. Speaker. If the record could reflect that Representative Sacia would be excused the rest of the evening."
"So noted, Mr. Clerk. Thank you, Rep… Leader. Representative Osmond to close."
"Thank you, Mr. Speaker. I know it's very difficult for the Members of this Assembly to vote for a fee, but we just please keep in mind that this is a user fee and the people that pay this fee will be the people that love nature, love to go to the parks. We want to keep our parks open. And I would appreciate the fact of keeping this in thought of how safe we're going to make these parks for our children and our grandchildren. Thank you."
"We’ve had thorough discussion on House Bill 5789. The question is, 'Should it 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? Colvin, Gaffney, Marlow. Mr. Clerk, take the record. On this Bill, there's 81 Members voting 'yes', 29 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Karen May, on the Order of Second Readings, Karen, you have House Bill 4986. Out of the record. Representative Deb Mell, on page 16 of the Calendar, Deb, you have House Bill 4526. Read the Bill, Mr. Clerk."
"House Bill 4526, a Bill for an Act concerning safety. Third Reading of this House Bill."
"The Lady from Cook, Representative Deb Mell." 09700117.doc 65 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill was brought up last week and I apologize for the confusion, I think we've… we've cleared it up. This is… I just want to say that this is not a ban on Perk. What this does is it requires dry cleaners to receive periodic training and best environmental management practices. The Bill requires secondary containment systems for all drycleaning machines in the state. And it also requires the EPA to report to the General Assembly January 1, 2016 a report on PERC and our groundwater. I'd be… welcome any questions."
"The Chair recognizes the Gentleman from DuPage, Representative Dennis Reboletti."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative Mell, I'm taking a look at our analysis and it indicates that there are some opponents. Does… does… has that changed at all since you took the Bill out of the record last time?"
"Representative, whi… who… on your analysis what… who's the opponents?"
"Was the Environmental Council, the Environmental Illinois and Sierra Club?"
"As far as I know the Environmental Law and Policy Center is not opposed…"
"Okay. They were listed al…"
"…and then I can't speak about the other ones."
"They were listed also. And I know that your counsel standing over to your left had a Bill last year about perk. 09700117.doc 66 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 This does not ban perk but take… but looks at it and sees how we could do things maybe a little bit differently down the road…"
"That's correct, Representative."
"…but this isn't a task force or anything?"
"Oh. It basically installs best practices."
"And when are these implemented? It says one is 2013 and one is 2014. Could you explain the difference on those?"
"The training is in 2014 and the secondary containment unit is upon the effective date."
"And the drycleaners overall are okay with this then, with this language?"
"Yes, they are."
"Thank you."
"Seeing no further discussion, Representative Mell to close."
"I appreciate an 'aye' vote. Thank you very much."
"The question is, 'Should House Bill 4526 pass?' All those 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? Dugan, Poe, like to be recorded? Representative Poe, Representative Dugan. Mr. Clerk, take the record. On this Bill, there's 99 Members voting 'yes', 10 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Emily McAsey, you have, on page 17 of the Calendar, under House Bills-Third Readings, House Bill 4638. Out of the record. Representative Tim Schmitz, 09700117.doc 67 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 on the Order of Second Readings, Leader, you have House Bill 5257. Read the Bill, Mr. Clerk."
"House Bill 5257, 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 Schmitz has been approved for consideration."
"We'll take that Bill out of the record at request of the Sponsor. Representative Dave Winters, you have, on Second Readings, on page 10 of the Calendar, House Bill 5319. What's the status on that Bill, Mr. Clerk?"
"House Bill 5319, a Bill for an Act concerning local government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Yarbrough, Leader Yarbrough, on page 20 of the Calendar, under House Bills- Second Readings, Karen, you have Senate Bill 16. What's the status on that Bill, Mr. Clerk?"
"Senate Bill 16, a Bill for an Act concerning foreclosure. This Bill was read a second time on a previous day. Floor Amendment #3, offered by Representative Yarbrough, has been approved for consideration."
"Representative Yarbrough on Floor Amendment #3. Representative, what's your pleasure on Senate Bill 16 on Amendment #3? Do you wish to withdraw it?"
"Would you… yes, please."
"The Lady moves to withdraw Floor Amendment #3. All those in favor signify by saying 'yes'; those opposed 09700117.doc 68 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"
Clerk Hollman: Floor Amendment #5, offered by Representative Yarbrough, has been approved for consideration."
"Leader Yarbrough on Floor Amendment #5."
"Yes. I move to adopt the Floor Amendment #5. And I'd like to discuss this on… this Bill on Third Reading, please."
"You've heard the Lady's explanation. Is there any discussion? All those in favor of the adoption of the Amendment signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. Floor Amendment #5 is adopted. Anything further, Mr. Clerk?"
"Floor Amendment #6, offered by Representative Yarbrough, has been approved for consideration."
Speaker Lyons: "Representative Yarbrough on Floor Amendment #6."
"Move for adoption of Floor Amendment #6, Mr. Speaker. And I'll discuss the Bill on Third Reading."
Speaker Lyons: "The Lady moves for the adoption of Floor Amendment #6. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #6 is adopted. Anything further, Mr. Clerk?"
"Floor Amendment #7, offered by Representative Yarbrough, has been approved for consideration."
Speaker Lyons: "Representative Yarbrough on Floor Amendment #7." 09700117.doc 69 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
"Floor Amendment #7 is cleaning up some grammatical errors. And same thing. I'd like to discuss the Bill on Third Reading."
"Lady moves for the adoption…"
"Move for its adopt…"
"…of Floor Amendment #7. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #7 is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions are filed."
Speaker Lyons: "Third Reading. Jack Franks on a point of personal privilege."
"Thank you, Mr. Speaker. I'd like to make a… I'd like a point of personal privilege on Women's History Month. We can talk about Brigadier General Wilma Vaught who was born in 1930. She was one of the most highly decorated military women in the United State's history. And she broke through many of the bureaucratic and gender barriers that faced women in the Armed Forces during her nearly 29-year military career. She received a BS degree in Business from the University of Illinois and General Vaught enlisted in the Air Force in 1957. She rose through the ranks and while serving in Europe, Vietnam, and various posts in the United States, she achieved numerous distinction. In 1966, she became the first woman to deploy with the Strategic Air Command Bombardment Wing on an operational deployment. In 1972, she was the first female Air Force officer to attend the Industrial College of the Armed Forces. In 1980, she became the first woman promoted to Brigadier General. In 09700117.doc 70 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 1982, she was appointed commander of U.S. Military Entrance Processing Command. North Chicago, the largest command geographically in the military. In addition, she cher… she served as the chairperson of the NATO Women in the Allied Forces Committee and was the representative to the prestigious Secretary Defenses Advisory Committee on Women in the Service. When she retired in 1985, she was one of only seven women Generals in the Armed Forces and only one of three in the Air Force. She has received numerous military decorations and other honors including the Defense and Air Force Distinguished Service Medal, the Air Force legion of Merit, the Bronze Star, and the Vietnam Service Award with four stars. She is also the first woman to command a unit receiving the Joint Meritorious Unit Award, but perhaps General Vaught's most lasting contribution will be her successful efforts to establish the Women in Military Service for America Memorial Foundation and raise funding to build the first major national memorial honoring women who have defended our country. As president of the foundation's board of directors, Vaught spearheaded the campaign that raised over $20 million for the memorial. The memorial standing at the main gateway to Arlington National Cemetery is the first major memorial to honor the nearly 2 million women who have served in our Nation's Armed Forces. Thank you for your attention."
"Thank you, Representative Franks. Mr. Clerk, Agreed Resolutions." 09700117.doc 71 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012
Clerk Hollman: "Agreed Resolutions. House Resolution 887, offered by Representative Dunkin. And House Resolution 888, offered by Representative Brown."
Speaker Lyons: "Leader 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 it. And the Agreed Resolutions are adopted. Ladies and Gentlemen, one final announcement. Tomorrow, Tuesday, by 4 p.m., any Amendments, that's the deadline to file Amendments. So, if you have something being drafted up, get it in by 4:00 tomorrow. And now, seeing no further business to come before the Illinois House of Representatives, Leader Barbara Flynn Currie moves that we stand adjourned to the hour of 12 noon on Tuesday, March 27th. All those in favor to adjourn signify by saying 'yes'; those opposed say 'no'. And allowing perfunctory time for the Clerk, the House stands adjourned 'til noon tomorrow, Tuesday, the 27th. Have a safe and enjoyable evening."
"House Perfunctory Session will come to order. Introduction and First Reading of House Bills. House Bill 6143, offered by Representative Penny, a Bill for an Act concerning State Government. First Reading of Senate Bills. Senate Bill 2493, offered by Representative Poe, a Bill for an Act concerning transportation. Senate Bill 2536, offered by Representative Riley, a Bill for an Act concerning civil law. Senate Bill 2818, offered by Representative Howard, a Bill for an Act concerning State Government. Senate Bill 2948, offered by Representative 09700117.doc 72 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 117th Legislative Day 3/26/2012 Mathias, a Bill for an Act concerning civil law. Senate Bill 3217, offered by Representative Lyons, a Bill for an Act concerning regulation. Senate Bill 3320, offered by Representative Howard, a Bill for an Act concerning revenue. Senate Bill 3386, offered by Representative Mathias, a Bill for an Act concerning revenue. Senate Bill 3409, offered by Representative Mathias, a Bill for an Act concerning transportation. Senate Bill 3428, offered by Representative Mathias, a Bill for an Act concerning education. Senate Bill 3437, offered by Representative Moffitt, a Bill for an Act concerning local government. Senate Bill 3453, offered by Representative Chapa LaVia, a Bill for an Act concerning regulation. Senate Bill 3458, offered by Representative Hernandez, a Bill for an Act concerning criminal law. Senate Bill 3487, offered by Representative Mathias, a Bill for an Act concerning transportation. Senate Bill 3489, offered by Representative Yarbrough, a Bill for an Act concerning criminal law. Senate Bill 3673, offered by Representative Sacia, a Bill for an Act concerning human immunodeficiency virus. Senate Bill 3746, offered by Representative Moffitt, a Bill for an Act concerning volunteer emergency responders. First Reading of these Senate Bills. They're referred to the Rules Committee. There being no further business, the House Perfunctory Session will stand adjourned." 09700117.doc 73