"Good morning, Members. The House will be in order. We shall be led in prayer today by Pastor Jeffrey Chubb, who is with the Theodore Street Lutheran Church in Crest Hill, Illinois. Pastor Chubb is the guest of Representative McAsey. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and pagers and rise for the invocation and Pledge of Allegiance. Pastor Chubb."
"Good morning. Let us pray. Gracious and loving God, You are indeed the giver of all good gifts. And we come to You as we begin this assembly… Session to seek Your wisdom, Your guidance, courage and support. Be with us in our deliberations and help us to be wise in the decisions we make for the good of all those who have placed their trust and confidence in our leadership. Give us insight to lead with integrity that our decisions may reflect what is right and good. Give us a spirit of cooperation. Keep us from shortsightedness and pettiness and guard us from blind self-interest. When we disagree, help us to listen closely to each other and find the way forward to the best course of action for the good of all. Finally, Dear Lord, grant us the humility to seek Your will in all we do and say, both in our service here this morning and in all aspects of our daily lives. We ask these things in Your name, Amen."
"We will be led in the Pledge of Allegiance today by Representative Cavaletto."
"I pledge allegiance to the flag of the United States of America and to the republic for which it 09700121.doc 1 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 stands, one nation under God, indivisible, with liberty and justice for all."
"Roll Call for Attendance. Leader Currie."
"Thank you, Speaker. Please let the record show that Representatives Gordon and May are excused today."
"Leader Bost."
"Thank you, Mr. Speaker. Let the record reflect that Representatives Coladipietro, McAuliffe, Ramey and Rose are excused today."
Speaker Lang: "Thank you. Mr. Clerk, take the record. 109 Members being present, we have a quorum. And the House is ready to do its business. Mr. Clerk."
"Introduction of Resolutions. House Resolution 910, offered by Representative Williams. House Resolution 912, offered by Representative Morrison. House Resolution 913, offered by Representative Yarbrough. And House Joint Resolution 78, offered by Representative Monique Davis. These are referred to the Rules Committee."
"On page 6 of the Calendar, under the Order of Second Reading, appears House Bill 4242. Mr. Phelps. Please read the Bill."
"House Bill 4242, a Bill for an Act concerning revenue. This Bill was read a second time on a previous day. No Committee Amendments. Floor Amendment #3, offered by Representative Phelps, has been approved for consideration."
"Mr. Phelps."
"I just ask for this adoption, so we can debate this on Third Reading, Mr. Speaker." 09700121.doc 2 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
Speaker Lang: "Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk."
"No further amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"House Bill 4242, a Bill for an Act concerning revenue. Third Reading of this House Bill."
"Mr. Phelps."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I come to you today with my number one priority. This stems from the tornado that happened in southern Illinois on Leap Day that devastated many communities, had loss of life. I know recently Representative Cavaletto has seen this in his district. Representative Bost and Bradley saw the damage as well in southern Illinois. As you know, this tornado ruined many homes, ruined many businesses. So, now I have a lot of churches, I have a lot of business groups and others that are trying to help these people rebuild and get back on their feet by donating materials, trying to help rebuild these homes. But they have found out that when… if they rebuild because of new improvements… they went to the assessor's office and some of their homes they have been in 30, 40, 50 years… now their property taxes are going to go up 500 to 1200 percent. Many of these people that lost their homes, they didn't ask for that tornado to hurt them, but now, they cannot afford to rebuild. So, what we're doing today is just asking each and every one of you… This is still a work in progress. I've ran out of time. We're going to hold this in the Senate. 09700121.doc 3 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 I've never asked this in the 10 years I've been here, but you have my word. And that’s the only thing I have in this game. But we will not do anything until we get an agreement over in the Senate. And I… hopefully, Senator Forby is going to take this Bill because he saw firsthand the devastation that happened in southern Illinois. So I guess today, I'm asking for your compassion because this could happen to any and every one of our districts. All these people want, folks, is to just go home. They just want to go home, and that’s all I am trying to do today 'cause I think it's totally unfair for these people to have to pay that property tax increase. So, I just ask an 'aye' vote."
"Gentleman moves for the passage of the Bill. The Chair recognizes Mr. Bost."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields."
"Representative, first off to all of the sudden come in first thing in the morning and…"
"Hey. Good morning…"
"…but your… Good morning."
"…neighbor, neighbor."
"It is. And your intent in this Bill is to simply allow them the opportunity to build their homes back at about 100… no greater than 110 percent of the value, correct?"
"Same square footage, Representative Bost, but we put in there a 10 percent leeway in case some of these people wanted to put in an improvement like a handicap accessible…"
"Sure. Sure." 09700121.doc 4 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"…stairway or something."
"Sure. And all it does then is… or all you're trying to do is then have them be able to freeze their property tax at the level that it was because naturally, but we know how assessed evaluations work is that if all of the sudden the neigh… a neighborhood is improved, which it will be after this factor, there'll be all new homes, that should not effect their assessed evaluation because of a natural disaster."
"Correct."
"Okay. All right. What are the… you know, I mean, one of the concerns of people who were not able to get the language prepared right now? What… who's kind of holding up… what's the concerns that the groups have."
"Well… and I'll take responsibility on that as far as some of the things that I wanted to do since this is new legislation. We've ran out of time. We had Amendment #4. It didn't get out of Rules, Representative Bost, but we plan on doing that over. I know Representative Harris had a concern in committee, and we want to make sure that's addressed and as well as Representative Sullivan."
"Okay. I think what you're trying to do is very… and your word is very good that we… you know, we'll be able to move it over to the Senate, work on it over there to bring it back for Concurrence. And I would support the Bill."
"Thank you, Representative Bost."
"Mr. Harris." Harris, D.: "Thank you, Mr. Speaker. Ladies and Gentlemen of the House, to the Bill. There's no one in this House who 09700121.doc 5 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 does not support the efforts to help the folks down in southern Illinois who were ravaged by that… by that tornado. I think the Gentleman has an absolutely good idea. The language is not in the form that I think is where we would like it to be. He recognizes that. He has made the commitment that he would work with Senator Forby over in the Senate to make it right. I know we always have a concern that we lose control of it when it gets over to the Senate, but I think, in this case, we have a Gentleman here on the floor whose word we can absolutely trust. I think he will do exactly what he says he will do, which is to get the Bill in the right form over in the Senate so that when it comes back to us for Concurrence, it should be an agreed Bill. And with the effort to help the folks in southern Illinois, I stand in support of the Gentleman's Motion and urge a 'yes' vote."
"Mr. Sullivan."
"Thank you, Mr. Speaker. To the Bill. And Representative, first of all, I'd like you to add me as a cosponsor. I forgot to do that yesterday. I certainly rise in support of this. We've run of out of little time. I… Some of us that have worked in the property tax field has asked for an Amendment to make this a better Bill to relieve some of the problems that have happened in southern Illinois, but I want to point out here that this is not a southern Illinois Bill. Those of you up near my area that might have some flooding problems or some potential tornado, I suppose, this will apply statewide until someday… someday the Federal Government may… might fail 09700121.doc 6 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 your area, and someday, you're going to need to help your community just like the Representative is doing. So someday, you might need this. I think it's good legislation. We got a little tweak that we have to make, and I know that the Amendment will do that. We do have to do it in the Senate. So, I do urge an 'aye' vote. Thank you."
"Mr. Bradley."
"I stand in strong support of this piece of legislation. I want to commend the Sponsor for his efforts. I can't imagine what it would be to lose a home, but I can't imagine what it would be to lose a home and then not be able to rebuild because you couldn't afford your taxes. And that would be the reality, if we didn't take this piece of legislation forward. And I think the Representative previous to me was exactly right that this is just not about Harrisburg. You saw the Chicago Tribune editorial that had Harrisburg all over the state. We were all Harrisburg. And whether we grew up there or whether we represent that area, someday it's possible or in some cases, likely, that we'll be in the same situation as Harrisburg, and we would want our communities to be able to not only get through that horrible devastation but to be able to rebuild. And so I ask the chamber to stand in support of Representative Phelps and the communities that we all represent and to support and pass this legislation. I encourage a strong 'aye' vote."
"Mr. Cavaletto."
"Thank you, Mr. Speaker. Will the Sponsor yield?" 09700121.doc 7 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"Sponsor yields."
"I, too, stand in strong support of this Bill, Representative. And I know the feelings of people who have been through tornadoes as we have in my community, and it's devastating. And I know the unemployment rate in our area is very high. Ours, right now in Marion County, is 12 percent and a lot of people don't have the money to rebuild their homes and not working. So, this Bill is definitely needed, and I think it will help all of us who have disasters in the future. And I applaud you on your Bill."
"Thank you, Representative."
"Representative Will Davis." Davis, W.: "Thank you very much, Mr. Speaker. I certainly rise in strong support of the Sponsor's Bill. I think it's great that sometimes despite our partisanship issues that we can come together collectively to support people here in the State of Illinois, certainly those that have been ravaged by devastation as that which happened in Harrisburg, but I do want to echo the comments of a couple of the last speakers that talked about that this is a statewide Bill. It's not just for the people in Harrisburg. While they will be impacted by it right now, it's not just for people in Harrisburg. And I just want to make sure that we're sensitive to that, in case something happens in Chicago or the surrounding suburbs 'cause sometimes we kind of single out Chicago, and I just don't want that to happen in this case. This is a statewide initiative and something, God forbid, something should happen in one of our areas, but we're… thank God that we have a Sponsor like Brandon that's 09700121.doc 8 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 thinking and put something like this in place. So, I certainly encourage everyone to support this legislation."
"Mr. Phelps to close."
"I can't tell you much… enough how much I respect everyone today that spoke, and I will be going to everyone of those Gentlemen and also some Ladies here to make sure that we get this Bill right. I just really appreciate it. I am not only Harrisburg, but I want to… I want to say Carrier Mills. I want to say Ridgway. But I appreciate your compassion and thank you so much. Thank you so much."
"Those in favor of the Bill vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Acevedo, Mr. Bradley. Mr. Bradley. Please take the record. On this question, there are 110 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Morthland."
"Thank you, Mr. Speaker. I rise on point of personal privilege."
"State your point, Sir."
"I have some guests in the gallery today. Lifelong friends, a couple of couples from up in Rock Island County and my wife, who joined me on Wednesday. I'd like to have them stand and have the Body welcome them. And also… Oh, go ahead."
"Welcome to Springfield."
"And also before the Gentleman from Winnebago inquires, yes, the hotel did put us in the Jacuzzi room again. Just saying." 09700121.doc 9 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"That may be more information than we needed, Sir. Mr. Mitchell." Mitchell, J.: "Thank you, Mr. Speaker. Point of personal privilege"
"Please state your point." Mitchell, J.: "Mr. Speaker and Ladies and Gentlemen of the House, I have a wonderful eight-grade class from East Coloma Elementary School with their teacher, Julie Gallentine, right up in the gallery to… behind me. If they would please stand, and we'd welcome you to Springfield."
"Glad to have you here. Thank you. House Bill 5771, Representative Golar. Please read the Bill."
"House Bill 5771, a Bill for an Act concerning certificates of good conduct and relief from disabilities. This Bill is read a second time on a previous day. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Please read the Bill for a third time."
"House Bill 5771, a Bill for an Act concerning certificates of good conduct and relief from disabilities. Third Reading of this House Bill."
"Representative Golar."
"Thank you, Mr. Speaker and my colleagues. I bring to you House Bill 5771. It is a Bill that is well-needed in many communities. I think this Body worked on this Bill back in 2010, but I am actually making some changes. And we had some questions in the committee on this legislation, but I just want to read as to what it would allow. This 09700121.doc 10 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 Bill would allow a court to issue a certificate of relief of a disabilities if the court finds by a preponderance of evidence that the offender is eligible for a CRD rather than the higher standard of clear and convincing evidence. So, this is a measure of individuals that have lost their way in regards to a felony or a misdemeanor. And we're easing the relief from them. Actually, it was written in the language that we wanted to take it from three years to one year. In speaking to the Minority Leadership and Dennis Reboletti on the Republican side, we actually came to a… an agreement of taking it not to one year but from the one year to actually two years. And so, it's an agreed Bill. I am hoping that my colleague, Dennis Reboletti, will speak on this. However, this will help many individuals that have lost their way and take them back into a productive life of work… working in the workplace. I'll be happy to take any questions, and I urge an 'aye' vote."
"Lady moves for the passage of the Bill. The Chair recognizes Mr. Reboletti."
"Thank you, Speaker. And to the Bill. We did have a great deal of conversation about this legislation in committee and actually after committee. And what we would intend to do is pass this over to the Senate and amend the time that people can wait to apply for this relief from three years to two years. In one of the conversations we had with Representative Harris was that some people might be able to turn their life around faster or at least be eligible for that application, so we're going to go from three years to two years, but we're going to leave the 09700121.doc 11 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 clear and convincing evidence standard which was part of one of the reforms they put in in 2010. And so, I urge your support. Thanks."
"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Getaway day, Members, record yourselves. Have all voted who wish? Mr. Biss. DeLuca. Rita. Yarbrough. Please take the record. On this question, there are 60 voting 'yes', 49 voting 'no'. And this Bill, having received the Constitutional majority, is hereby declared passed. House Bill 5277, Representative Golar. You have two in a row, Representative. Your turn. Please read the Bill."
"House Bill 5277, a Bill for an Act concerning liquor. Third Reading of this House Bill."
"Representative Golar."
"Thank you, Mr. Speaker. This Bill is a heartfelt type of situation in my community and of course, rather than to try to ask the Body to vote on this Bill today, it needs more work. In fact, it is an agreement with our mayor, Rahm Emanuel, who will, in fact, help, but right now the language in the Bill is not… is too broad for the Liquor Commission in regards to crime around liquor stores. So, this Bill will be held on second, and I will keep you posted. Thank you, Mr. Speaker."
"Mr. Sullivan."
"To the Bill. We obviously heard that the Representative wants to work on this. I don't know what can be done to make this Bill that many of us would support. We know that we've had many problems with a certain 09700121.doc 12 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 Constitutional Amendment on prohibition. And we got rid of that Amendment because it didn't work. It actually increased crime. So, here we have a Bill. The intent, obviously, is to allow a petition on the ballot by reducing the amount of numbers it takes to put the petition on the ballot to take away a business within a certain precinct. So, while I respect, in all honesty, I respect the Member who wants to work on this in the Senate, I just disagree about the concept, the underlying concept. I don't know an out by which this will be a Bill that will be acceptable certainly to me and many people that I have talked to in regard to it. Where is it going to be the correlation that says that violence in all of this is caused by one specific product? I don’t know where that is going to come forth. And at the end of the day, we're talking about making it easier to get rid of an existing business. Some of that potentially a mom and pop store that could have been there for 40 years, and by a simple vote, we could end that business. I don't know that's the appropriate way. As I said, I respect the Sponsor, and I know she would work in the Senate should this pass. I, personally, just don’t believe in the underlying concept, and therefore, I urge a 'no' vote. Thank you."
"Mr. Riley."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Lady yields."
"Representative Golar, right now, as you know, these kind of prohibitions can be done on a ward-by-ward basis. Am I correct?" 09700121.doc 13 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"That is correct. But as I said in my summary, that I was pulling the Bill out of the record and that I would wait until it got into the Senate. It is in the Senate now, and they're doing some other things with the Bill."
"Okay. So, you're pulling this Bill out of the record?"
"Yes, I am."
"Okay. Thank you."
"Lady takes the Bill from the record. Thank you. House Bill 5665. Representative Howard. Please read the Bill."
"House Bill 5665, a Bill for an Act concerning foreclosure. This Bill was read a second time on a previous day. No Committee Amendments. No Floor Amendments. And no Motions are filed."
"Third Reading. Please read the Bill."
"House Bill 5665, a Bill for an Act concerning foreclosure. Third Reading of this House Bill."
"Representative Howard."
"Mr. Speaker, that Bill is going to get an Amendment after the break, so it's going to be extended. So, please take it out of the record. Thank you."
"Mr. Clerk, please return the Bill to the Order of Second Reading and hold it there. House Bill 5332, Representative Jakobsson. Out of the record. House Bill 5575, Mr. Kay. Mr. Kay. Please read the Bill. Out of the record, Mr. Clerk. House Bill 5761, Mr. Mathias. Please read the Bill."
"House Bill 5761, a Bill for an Act concerning revenue. Third Reading of this House Bill." 09700121.doc 14 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"Mr. Mathias."
"Yes. I'll defer to the new Sponsor of the Bill, Leader Currie."
"Leader Currie said out of the record. House Bill 4081. Mr. Clerk, please read the Bill."
"House Bill 4081, a Bill for an Act concerning criminal law. This Bill was read a second time on a previous day. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"House Bill 4081, a Bill for an Act concerning criminal law. Third reading of this House Bill."
"Mr. Zalewski."
"Thank you, Mr. Speaker. House Bill 4081 allows a law enforcement agency with prior written approval from the local state's attorney to do a limited amount of eavesdropping or overhear, if they have compelling evidence that a crime involving a violation of narcotics law or serious bodily harm is about to occur. This is a very limited exception to our eavesdropping law that it'll only happen when a number of controls are satisfied. Happy to take any questions from the Body."
"Gentleman moves for the passage of the Bill. The Chair recognizes Mr. Reboletti."
"Sponsor yield?"
"Gentleman yields."
"Representative, it says with the state's attorneys' approval. Is there any ability for somebody besides the state's attorney to sign the waiver like a designee, the 09700121.doc 15 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 first assistant, or narcotics chief, something along those lines?"
"The state's attorney can choose a designee to do that, Representative."
"With respect to the limitations of the conversations that can be heard, I know that if… if there's a forcible felony that's occurring or about to occur, I know that is allowed. What if somebody talked about previous murders that they had convicted or previous robberies they had committed, that part of the eavesdrop information would not be allowed?"
"No, Representative. That would not be included in the Bill."
"So, basically, only what was happening with respect to the current investigation and if something happened with respect to the police officer or maybe a murder that may occur based off a drug transaction. That would be allowed into evidence. That would be our anticipation."
"Correct."
"Thank you, Representative."
"Mr. Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He yields."
"Representative, are there any instances now in which a state's attorney can allow this type of behavior?"
"Yes."
"Could you enumerate those? I'm just… I'm unaware."
"So, in other instances of violations of their narcotics law, Representative, we allow these instances to 09700121.doc 16 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 simply expand that authority of the state's attorney to grant that."
"Well, this would be for narcotics as well, correct? I'm just not sure how we're expanding it, so I am just trying to understand because I'm not familiar with this type… this part of the law."
"So, what we're doing in this Bill, Representative, is we're allowing the law enforcement agency to seek a verbal approval of the investigation in eavesdropping as opposed to the former way we did it which was written… which was written."
"Right now… right now, how do they do it?"
"Right now… they have to seek an affidavit or some sort of warrant to do it right now."
"So, they have to go through a judge."
"Correct."
"So, the state's attorney has never been able to do what you're suggesting they're doing."
"Well, I mean… there are inst… I wouldn't say that's accurate, Representative."
"Well, that's what I am trying to find out because before you said this is an extension where a state's attorney is able to do it. Then you said they needed an affidavit and a warrant. I need to know what the burden is and whether, right now, the state's attorney is able to do this, and whether this is merely an expansion based on a verbal authorization versus a written authorization or whether this is something completely new to a state's attorney." 09700121.doc 17 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"No, it's not completely new. The former explanation you gave where it's the difference between a verbal authorization and a written authorization is a correct statement."
"Okay. I think I understand it now. Right… I'll wait 'til you're ready. Right now, it appears that they can do it. A state's attorney can allow this, but they have to put it in writing. This way they can have to… they can do it verbally, so if it's in the middle of a… if someone's out in the field and they're undercover, they don't have to blow their cover…"
"Correct."
"…in order to be able to do this."
"This is… these are instances where these are late at night instances that happen spontaneously, and there's a compelling need where to avoid, sort of, bureaucratic waits and do this over the phone and get it done right away."
"All right. So, it's only the state's attorney who could do it, so I presume these people have her number or his number."
"I would imagine so, Representative."
"Oh, okay. There's a 24-hour approval period…"
"Correct."
"…during this."
"I…"
"I get it now. Thank you."
"You're welcome."
"Mr. Durkin."
"Will the Sponsor yield?" 09700121.doc 18 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"Sponsor yields."
"Representative, if, during the course of this overhear, that a communication is made which is… details a crime which is not a forcible felony or a drug offense, can that be admissible in another case?"
"No."
"Thank you."
"That's it, Sir. Mr. Zalewski to close."
"I ask for an 'aye' vote."
"Those in favor of the Bill vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Record yourselves, Members. Have all voted who wish? Biss, Rita, Tryon. Mr. Biss and Mr. Rita. Please take the record. On this question, there are 99 voting 'yes', 12 voting 'no'. And this Bill, having received the Constitutional majority, is hereby declared passed. The Chair recognizes Mr. Jefferson."
"Thank you, Mr. Speaker. Point of personal privilege."
"Please state your point."
"To the General Assembly. Today… I'm sorry. Yesterday was Marlow Colvin's birthday. Tomorrow is my birthday. So, we decided to give ourselves a little treat. There's cake in the back for anyone who wants to participate. Thanks to Skip Saviano for allowing us to use his room in the back room. There's cake for everyone that wants to participate. And again, happy birthday to Marlow, and my birthday is tomorrow. Thank you." 09700121.doc 19 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"Happy birthday. I… wondering why you have cake when I'm in the Chair. House Bill 5073, Mr. Phelps. Mr. Phelps in the chamber? Out of the record. House Bill 5033, Mr. Saviano. Mr. Saviano. Out of the record. House Bill 4313, Mr. Rita. Please read the Bill. Out of the record, Mr. Clerk. House Bill 5257, Mr. Schmitz. Out of the record. House Bill 5009, Mr. Verschoore. Please read the Bill."
"House Bill 5009, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Mr. Verschoore."
"Thank you, Mr. Speaker. This is a simple Bill. It requires the resident identification bracelet to contain the issuing facility's phone number. Currently, a resident's identification bracelet contains the resident's name, the facility name, but it doesn't have the phone number. This is for people that are in institutions where they may have dementia or Alzheimer's or something, and if they wander away, this is just another protection for them. And I'd ask for an 'aye' vote."
"Gentleman moves for the passage of the Bill. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Brauer, Mr. Dunkin, Mr. Mitchell. Please take the record. On this issue, there are 111 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4096, Representative Berrios. Please read the Bill."
"House Bill 4096, a Bill for an Act concerning insurance. Third Reading of this Bill." 09700121.doc 20 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"Representative Berrios."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4096 is a consumer protection's Bill. We're protecting individuals who actually buy insurance policies, and then the insurance company denies their coverage once they file a claim, specifically because they don't have a driver's license. I'd ask for your support."
"Lady moves for the passage of the Bill. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please record yourselves, Members. Davis, DeLuca, Mayfield, Pritchard, Sullivan. Representative Mayfield. Please take the record. On this question, there are 57 voting 'yes', 53 voting 'no', and 1 voting 'present'. And the Lady moves for Postponed Consideration. House Bill 4541, Mr. Sosnowski. Please read the Bill."
"House Bill 4541, a Bill for an Act concerning State Government. This Bill was read a second time on a previous day. Amendment #1 was adopted in committee. Amendments #4 and #5 have been approved for consideration. Amendment #4 is offered by Representative Sosnowski."
"Is Mr. Sosnowski in the chamber? Out of the record. House Bill 4757, Mr. Moffitt. Please read the Bill."
"House Bill 4757, a Bill for an Act concerning education. This Bill was read a second time on a previous day. No committee Amendments. Floor Amendments #1 and 2 have been approved for consideration. Floor Amendment #1 is offered by Representative Moffitt." 09700121.doc 21 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"Mr. Moffitt."
"Thank you, Mr. Speaker. We have… I need to adopt the Floor Amendment 1 and 2."
"We'll take them on one vote. Those in favor of the adoption of Amendments 1 and 2 say 'yes'; opposed 'no'. The 'ayes' have it. Amendments 1 and 2 are adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"House Bill 4757, a Bill for an Act concerning education. Third Reading of this House Bill."
"Mr. Moffitt."
"Thank you, Mr. Speaker. This is an initiative of the Federation of Independent Colleges and Universities in Illinois. We passed legislation to require dorms to have sprinklers with a 2013 deadline. This initiative is basically… there are about 12 or 15 that have difficulty complying. One of the things that we did in that original legislation said that we would have a financial program to help them. We were never able to get that established. This is… is support… there's no opposition here. And what this says is if they are not going to comply by 2013, they have to have a plan submitted to the State Fire Marshal detailing the work and that it… when it will be done. And it must be done by December 31, 2014. So, no opposition, and I think it's a reasonable approach supported by the association, and the Marshal's fine with it now with that Amendment." 09700121.doc 22 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"Gentleman has moved for the passage of the Bill. There being no one wishing to debate the Bill… I take that back. The Chair recognizes Mr. Bost."
"Thank you, Mr. Speaker. I'm sorry. Will the Sponsor yield?"
"Gentleman will yield."
"Representative, is… now this is for our universities. Is that correct?"
"Right."
"Okay."
"College dormitories."
"College dorms. Okay. Is this for… and we're delaying the actual implementation of it?"
"With… if the… if they apply and submit to the State Fire Marshal's office their plan from architect to when it would be put in and the completion date. And it still has to be done by December 31, 2014. Then that time could be extended. It also puts in…"
"Do we… do we know how many dorms are… do not meet this requirement now at our universities?"
"The estimate by the Federation of Independent Colleges and University was that there'll be… might be 12 to 15 of their members that are not going to be able to comply. Keep in mind, we did not… we were not able to put in a financing program either like we had indicated we would do."
"Okay. And this is… this is for all dorms, correct?"
"Yes. Uni… college and university dormitories."
"Okay. All right. Thank you." 09700121.doc 23 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"Those in favor of the Bill vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves, Members. Arroyo, Feigenholtz, Mell, Nekritz. Please take the record. On this question, there are 87 voting 'yes', 24 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4136, Mr. Mautino. Please read the Bill."
"House Bill 4136, a Bill for an Act concerning finance. This Bill was read a second time on a previous day. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Mautino, has been approved for consideration."
"Mr. Mautino."
"Thank you, Speaker, Ladies and Gentlemen of the House. Floor Amendment 2 contains language. First of all, this is the CPO's Bill to consolidate the bulletins. When we came out with the original Bill, we had opposition from the road builders, the council engineers, concerns from different groups. Now, this Amendment will remove all objections to the Bill. And I'd ask for its adoption, and then explain it on Third Reading."
Speaker Lang: "Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Please read the Bill." 09700121.doc 24 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"House Bill 4136, a Bill for an Act concerning finance. Third Reading of this House Bill."
"Mr. Mautino."
"Thank you. This Bill was an initiative of the state's for purchasing… central purchasing officer. They do all of the purchasing for the agencies from IDOT to CMS. And currently, they have four bulletins. This would be the ability to go out and if it's in the best interest of those agencies and the purchasing officers, to combine those bulletins. It… there were some concerns that the agencies and the purchasing officers would not be able to put the bulletins together properly. We spent quite a bit of time to get this worked out. It requires CPOs to consult with the agencies under them regarding the bulletin, the vendor portal. It revises the vendor portal provision to strike prequalification bids. That was done at the request of the road builders from the purview of the purchasing agent. And there are two other changes. Be happy to answer any questions. With this, there is no opposition. And the Chamber of Commerce is in support. The Society of Professional Engineers are in support. The Illinois Mechanical and Specialty Contractors Association are in support. They had concerns with the Bill. They have been addressed by Amendment #2. And therefore, they are all in support."
"Gentleman moves for the passage of the Bill. There being no one wishing to debate, those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Lilly, Mayfield, Poe. Mr. 09700121.doc 25 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 Poe. Please take the record. On this question, there are 111 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5641, Representative Bellock. Please read the Bill."
"House Bill 5641, a Bill for an Act concerning public aid. This Bill was read a second time on a previous day. No Committee Amendments. No… Floor Amendment #2, offered by Representative Bellock, has been approved for consideration."
"Representative Bellock."
"Thank you very much, Mr. Chairman. House Bill 5641 addresses the issue that we've been talking about for two years now about income eligibility. And what this Bill does is it's asking the Department of HFS to match the name, date of birth, Social Security number of each applicant and recipient against databases and information tools that they have. This is the number one issue that every single group has come into and talked about. And so, I'm hoping to pass this today, work on it more in the Senate, and have something that will help us in getting those $2.7 billion dollar cuts that we need to get."
"Lady moves for the adoption of the Amendment. And on that question, the Chair recognizes Representative Greg Harris." Harris, G.: "Thank you, Mr. Speaker. Before I speak to the Amendment, I would just like to say one word about the Sponsor and the process in this piece of legislation. There were some remarks made the other day about how, you know, 09700121.doc 26 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 sometimes the process has not been honored, but I just want to commend Representative Bellock for being so sensitive to doing things the right way. When this Amendment was accidently sent to the floor instead of coming back to committee as she promised, Representative Bellock still insisted on coming before the committee, presenting her Amendment, and allowing us to question her and decide. It was a good thing to do. So, I thank Representative Bellock for her respect for the process. To the Amendment and to the Bill, Mr. Speaker. This is what we need to be doing. We need to be eliminating waste, fraud, and abuse. We need to be guaranteeing that every nickel that we are paying to Medicaid recipients is going to those who are eligible for them. For every dollar that we are able to cut that are being spent in ways which they are not intended to be spent, that is money that can go to those truly in need. I commend Representative Bellock for working so hard to be sure that we're verifying eligibility, that we're verifying that we're the payer of last resort, and taking all the steps necessary to protect the very precious Medicaid dollars that are so important to families with sick children and adults in their household who rely on us for their health care. I ask for an 'aye' vote."
"Representative Will Davis on the Amendment." Davis, W.: "Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Lady yields." Davis, W.: "Representative, obviously this is one of the things that's been kind of put out there as a way that we may be 09700121.doc 27 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 able to address some of our long-term challenges with Medicaid. Presumably having a system like this in place will help create some of the savings that we're talking about in Medicaid. Is that correct?"
"Absolutely." Davis, W.: "Okay. So, is this… the way your Bill is structured does this, and I'm going to say it this way, I'm going to say does this prevent someone who is not eligible from receiving benefits?"
"Not somebody that should be receiving the benefits anyways. There are certain people that are noneligible that federally are required to receive benefits. What this does is just check on the front end of the eligibility, and it's really pretty much what the Federal CMS has just allowed us to do. But what I am trying to do is specify this again, so it's in a separate Bill. So, I can ask the Department of Healthcare and Family Services to address the issue again." Davis, W.: "Okay. All right. And again, not that understand all of and everything that's surrounding this, but I know sometimes fraud is a big problem…"
"Right." Davis, W.: "…and in a number of communities it is a challenge, and what I'd like to see our systems strong enough in place…"
"Right." Davis, W.: "…that would prevent somebody from receiving benefits who are not eligible for benefits versus them having received some benefits and now we determine after the fact that they're not eligible or something like that. 09700121.doc 28 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 I just want to see it happen on the front end to eliminate some of the problems and challenges that we have in this process."
"Representative Davis, that's exactly what this Bill is all about, and I appreciate you bringing that up because our goal is to provide services to the most fragile populations that need those. But we’re trying to address the income eligibility on the front end to make sure that those that don't deserve those services aren't trying to take them away from those that need them." Davis, W.: "Thank you very much, Representative."
"Thank you."
Speaker Lang: "Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"House Bill 5641, a Bill for an Act concerning public aid. Third Reading of this House Bill."
"Representative Bellock."
"Thank you very much. I appreciate all the support, and I appreciate the kind words from Representative Harris. And I just ask all of you to support this, as I feel this is the number one initiative that is going to help us address the $2.7 billion cuts that we need to address."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Colvin, Pihos. Please take the record. On this question, there are 111 voting 'yes', 0 09700121.doc 29 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Mr. Brauer."
"Thank you, Mr. Speaker. I rise for personal privilege."
"Please state your point, Sir."
"Ladies and Gentlemen of the House, over here on my left up in the gallery is a Riverton fourth grade. Let's give them a Springfield welcome."
"Happy to have you here. Welcome to Springfield. Representative Unes."
"Mr. Speaker, I rise for a point of personal privilege."
"Please state your point, Sir."
"Mr. Speaker, with us today visiting Springfield is a very special guest up in the gallery with Senator Darin LaHood. His younger brother, Sam LaHood, is here in the gallery, and I think all of us recall from all the news of him being held in Egypt for a long period of time. And I think we are all very grateful that the thoughts and prayers were answered. And he's here safely back in the United States and here with his brother today visiting the State Capitol. And I'd like for all of us to just to thank and welcome Sam LaHood to Springfield with his wife."
"Thank you and welcome home, sir. Welcome home. The Chair recognizes Representative Hammond."
"Thank you, Mr. Speaker. A point of personal privilege."
"Please proceed." 09700121.doc 30 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"I would like all the Members of the House to join me in welcoming the Illini Central boys' basketball team. They're up here to my left. The team won the Tomahawk Conference Championship, the Illini Central Regional, the Ridgeview Sectional, and the Illinois State University Sectional. Their greatest glory was finishing third in the Carver Arena in Peoria in the semi… Final Four for the State of Illinois. The members of the team include Derrick Himmel, Jesse Thompson, Ean Albers, Grant Bale, Jordan Bradshaw, Jared Entwistle, Noah Kirby, Connor Martin, Duncan McClure, Justin Onken, Zach Harman, Seth Kirby, and Dylan List. And they're joined by their coach, their head coach, John Giesler, and assistant coaches, Scott Francis and Tony Wherley. Welcome to the Capitol, gentlemen."
Speaker Lang: "Welcome. Congratulations on your successes. Representative McAsey."
"Thank you, Mr. Speaker, Members of the House. I also rise on a point of personal privilege."
"Please proceed."
"I have with me today two wonderful young women: a young woman from Romeoville, Peyton Camden, and her friend, Emily Spangler. Two honorary Pages who are here to see their government at work and getting ready for careers in public service themselves one day. So, please welcome them to the House Floor."
"Thank you for joining us today. Mr. Pritchard."
"Thank you, Mr. Speaker. A point of personal privilege."
"Please proceed." 09700121.doc 31 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"Ladies and Gentlemen of the House, I don't have anyone from my district here today, but I do have an invitation for you to come to dinner on April 16. That's the night before we come back to do the will of the people on April 17. This dinner is sponsored by the Illinois P-20 Council, Advance Illinois, and the Education Legislative Caucus. The dinner will be held and reception over at the State House Inn in Springfield starting at 5:00 on April 16. You should have a flyer in your mailbox, but if not, I have an additional copy here. We hope you'll all join us. The main point of the dinner is to hear Charlotte Danielson and Sara Stoelinga talk about the new recent teacher evaluation process. So, I encourage you to join us for dinner on April 16."
"House Bill 5450, Representative Golar. Please read the Bill."
"House Bill 5450, a Bill for an Act concerning housing. Third Reading of this House Bill."
"Representative Golar."
"Thank you, Mr. Speaker. It's a pleasure for me to introduce this particular initiative by IDA, and I just want to go over some of the points on this. It amends the Rental Housing Support Act. It is an initiative of IDA. And I just want to tell my colleagues something about this Bill that would help them to support a great initiative. Someone may ask, well, what is the rental support…"
Speaker Lang: "Excuse me, Representative Golar. Ladies and Gentlemen, Ladies and Gentlemen. We only have a handful of Bills left. If we pay some attention, we can be on the road 09700121.doc 32 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 a little sooner. So, could we please pay attention to Representative Golar. Please proceed."
"It amends the Rental Housing Support Program Act by expanding the legislative findings and the purpose and removing a provision that limits funding under the grant to develop or support housing that requires a tenant to have a particular diagnosis or type of disability. What I would like to talk about is just to give you some history on this particular initiative. All of the money is a $10 fee on all real estate related documents. Today, even though we are struggling with many of our financial woes in the State of Illinois, this particular initiative and fund is solid. Today, we have $13 million in this fund. It is a statewide program funded through a competitive application process. Applications are accepted once every three years for local administrative agencies. There is no present lockbox set, but this has been a sacred cow. No one has ever swept this particular fund. One dollar of the $10 fee goes to the county recorder for administrative issues of this program. Local administrative agencies contract with private landlords to provide rental assistance. All tenants pay 30 percent of their income for rent depending on their income. Rental housing support program pays the balance of the rent. Ladies and Gentlemen, I would like for you to support this wonderful program. In hard times like these, these are programs that are so needed for our communities in the State of Illinois. I will be happy to take any questions, and I urge an 'aye' vote." 09700121.doc 33 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"There being no one wishing to debate, those in favor of the Bill vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Berrios and Carli. Thank you. Please take the record. On this question, there are 110 voting 'yes' and 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5880, Mr. Rose. Please read the Bill."
"House Bill 5880. The Bill was read for second time on a previous day. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Rose, has been approved for consideration."
"My understanding is Mr. Moffitt is handling. Mr. Rose is handling the Amendment. Mr. Rose."
"Thank you, Mr. Speaker. This Amendment is agreed to language that's actually drafted by the department. It would do much to help rural downstate EMS. Many of our communities have lost EMS providers, and this is an attempt to help them find personnel over the long haul to staff EMS services in rural Illinois. The Amendment does several things. Principally, it provides for provisional first responder at least 16 to 18 years of age to assist, although, they would have to be, obviously, accompanied by a licensed EMT, a EMTI, or a paramedic. And then it also allows the department to come up with an alternative staffing models for rural Illinois. That's principally what it does. Again, it's agreed to, and it's the department's language." 09700121.doc 34 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"The Gentleman moves for the adoption of the Amendment. Mr. Franks, do you want to wait for Third Reading, Sir? Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"House Bill 5880, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Mr. Moffitt to handle the Bill. Mr. Rose to handle the Bill. Mr. Rose."
"Thank you, Mr. Speaker. That's… what I just said is the Bill. There's two principal options. Here I see Representative Dugan next to me asking to be signed on as a cosponsor. I appreciate that, as she was a cochair with Representative Moffitt of the rural EMS task force, both of which support the Bill."
"Mr. Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields."
"Representative, can you tell us why the Illinois College of Emergency Physicians are in opposition to both the underlying Bill and the Amendment."
"That I cannot, Sir. In fact, I'm not sure that they would be with the Amendment because the Amendment is actually drafted by DPH and allows them to work with all the affiliated organizations to come up with the way this would work out. And so, for example, with respect to the provisional first responder, it would give the department 09700121.doc 35 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 the ability to create the rules for how that would work, and obviously, the… the emergency room physicians control all decisions in their protocol. Okay. So, the physician level is going, at the end of the day, make those decisions based upon the protocol for that particular territory. And rural EMS is set off into specific ER physician protocols that are set by geography. The department would have to work with that specific organization in promulgating… well, not specifically that specific organization, but the actual ER physicians at those locations in setting the protocols and coming up with a final package of rules. This gives them the ability, for example, to bring new people into the pipeline between the ages of 16 and 18 and begin training them, so that when they become 18, they can become a licensed full-on EMT but with restricted status just to help out at the scene early on. Again, this is about helping provide manpower. I've had Cerro Gordo Ambulance Service just closed. I've had Arcola close. I've had Atwood close. I've had several closures. Next door, Addison Service just closed because we can't find the manpower to staff these things in rural Illinois. It got so bad that at one of our hearings this summer, that Representative Moffitt and Representative Dugan were at, that one of the individuals testified, and this was in the Amish country in Arthur, Illinois, one of the individuals testified and says pretty soon we're going to be down to basically an Amish buggy to get somebody to the hospital. Now, obviously, they were being funny and cute, but the reality is when you have that many services closed, we have a real problem. And this 09700121.doc 36 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 will leave the rule-making authority up to the department to work with that group. And ultimately, the guidelines are going to be written by the emergency room physician in charge of that EMS region."
"I appreciate that, and I appreciate what you're trying to do and I agree with it. I just… our analysis indicates that they were still an opponent to the Floor Amendment #2 and perhaps, you can get that cleared up after this goes to the Senate."
"I would hope that… and again this is DPH's draft language. My hope will be that we could continue some discussions here over the coming weeks in the Senate, as well."
"Thank you."
"Mr. Moffitt."
"Thank you, Mr. Speaker. Just to the Bill. I want to commend Representative Rose for his hard work on this. This is in response, in part, to those 17 hearings that Representative Dugan and I held around the state, all parts of the state, obviously, in a number of your districts. And I think this… keep in mind, this only applies to ambulance services that are volunteer and serving a population of 10 thousand or less. And it is important to all of you. I don't care if you're from Chicago or the suburbs. As you travel the state, as your family, maybe your children go to college or university, wherever, whatever area they're in, they're going to have a response if… we hope they don't have an emergency, but if there is, it's going to be response from that area. So, if we can get more people in 09700121.doc 37 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 line to be volunteers, help them with recruiting, help them with staffing, it's certainly the right thing. And that 16- year-old, 17-year-old is called a provisional first responder, but it puts them in a quicker position to be a part of it. So, it's in response, direct response to what we heard as we held those hearings around the state, and it's an excellent Bill. And I urge a 'yes' vote. Thank you."
"Those in favor of the Bill vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Morrison. Please take the record. On this question, there are 110 voting 'yes' and 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Hernandez."
"A point of personal privilege."
"Please proceed."
"Saturday, March 31, will mark the 85th anniversary of the birth of Cesar Chavez, a man whose life of struggle for the equality and justice is one of America's most powerful stories of courage and victory. Cesar Chavez was a Mexican-American labor leader who used nonviolent methods to fight for the rights of migrant farm in the United States. In 1942, he dropped out of school after the eight grade to help support his family by working in the fields full-time and in 1944, joined the United States Navy where he was slated to serve in the western Pacific theatre during World War II. In 1952, Cesar Chavez was recruited into a community service organization, where he organized 09700121.doc 38 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 22 chapters across California. On March 31, 1962, his 35th birthday, Cesar Chavez resigned from the community service organization and dedicated himself to organizing farm workers. And the first Cesar Chavez National Farm Workers Association convened in Fresno, California, in September of 1962. Not only did Cesar Chavez fight for migrant workers' rights, he also taught Mexican immigrants to read and organize voting registration drives for new U.S. citizens. Today, we celebrate and we recognize his courage to pursue social justice… justices in order to provide a better way of life for migrant workers. As a tribute to Cesar Chavez's legacy, I want to declare March 31 as Cesar Chavez Day. As Cesar Chavez once said, 'We cannot seek achievement for ourselves and forget about progress and prosperity for our community. Our ambitions must be broad enough to include the aspirations and needs of others, for their sakes and for our own.' Thank you."
"Thank you. Representative Zalewski."
"Point of personal privilege, Mr. Speaker."
"Please proceed, Sir."
"Mr. Speaker, the gallery is joined by three very special guests today. They're helping out as Pages, and they're here to help their dad out, as well. Madeline Cunningham, Olivia Cunningham, and Bridget, Representative Cunningham's nieces are all here. If we can just welcome them to the chamber and give them a big round of applause for their hard work today."
Speaker Lang: "Happy to have you here. Thank you. Representative Mulligan." 09700121.doc 39 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"Thank you, Mr. Speaker. I rise for a point of personal privilege."
"Please proceed."
"Earlier this week, the Human Service Appropriation Committee met to hear the HFS budget, the largest budget. Representative Feigenholtz, the chair, Representative Bellock, who is a Member, and I, whom the Minority Spokesman had to leave to go to budget negotiations. The chair had the ability to reconvene that committee later, but instead, she let the hearing go on without us. I would like to apologize to all the people who came here expecting a full hearing on issues that are being cut this year and have many problems and wanted us to be there. I apologize to you. I'm sorry the committee was not reconvened, and they did not have a chance for us to hear them."
"Mr. Sosnowski."
"Thank you, Mr. Speaker. I rise on a point of personal privilege."
"Please state your point, Sir."
"I'd like to welcome in the gallery to my right here, on behalf of Representative Winters, Representative Jefferson and Representative Sacia, the eighth graders of Holy Family Catholic School are here up in the gallery. All the eighth graders from Holy Family please rise."
"Welcome. Thank you for coming to Springfield today. House Bill 5073, Mr. Phelps. Out of the record. House Bill 5033, Mr. Saviano. Please read the Bill."
"House Bill 5033, the Bill was read for a second time on a previous day. Amendment #1 was adopted in 09700121.doc 40 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 committee. No Floor Amendments have been approved for consideration. No Motions are filed."
"Third Reading. Please read the Bill."
"House Bill 5033, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Mr. Saviano."
"Thank you, Mr. Speaker. We had filed an agreed Amendment earlier. We didn't get it out of Rules, but this is a work in progress. We're working with the department to streamline the application processes for currency exchanges here in Illinois. Senator Schoenberg is already ready to pick up the Bill and continue to negotiation. We will see this Bill back here on Concurrence. And to allow us to continue working, I would ask for a favorable vote. Thank you."
"Gentleman moves for the passage of the Bill. There being no one wishing to debate, those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Brauer, Mr. Rose. Mr. Brauer. Please take the record. On this question, there are 94 voting 'yes', 16 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4541, Mr. Sosnowski. Please read the Bill."
"House Bill 4541, the Bill was read for a second time on a previous day. Amendment #1 was adopted in committee. Floor Amendments 4 and 5 have been approved for consideration. Floor Amendment #4 is offered by Representative Sosnowski." 09700121.doc 41 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"Mr. Sosnowski."
"Thank you, Mr. Speaker. Amendment #5 actually becomes the Bill. I'd like to dismiss Amendment #4 and I'd be hap…"
"Amendment #4 is withdrawn. Mr. Clerk."
Clerk Bolin: "Floor Amendment #5 offered by Representative Sosnowski."
"Mr. Sosnowski."
"Amendment #5 becomes the Bill. I'd be happy to discuss the Bill on Third Reading."
Speaker Lang: "Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk."
"No further Amendments, but a fiscal note has been requested on the Bill and has not been filed."
"That Bill will be held on the Order of Second Reading due to the fiscal note. The Chair recognizes Mr. Sosnowski."
"That fiscal note has been filed, and it has an Amendment filed to that fiscal note."
"Mr. Clerk, does the file indicate the receipt of the fiscal note? Mr. Sosnowski, do you have a copy of that fiscal note? Would you bring it to the well, please. The Chair's understanding is that the fiscal note request was on the Bill as originally filed; however, there is a fiscal note filed on the Bill as amended. So, Mr. Clerk, let's move this Bill to Third Reading. Bill on the Order of Third Reading. Please read the Bill." 09700121.doc 42 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"House Bill 4541, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Mr. Sosnowski."
"Thank you, Mr. Speaker. This proposal simply amends the enabling legislation on home personal assistants to require a background check. Working in conjunction with the DHS, several of their other employment categories already require these types of background checks including homemakers, nursing home workers and equivalent home care workers for people that work with development disabilities. These personal assistants are essentially the same type of category, so this is making those requirements consistent with all categories. I'd ask for passage of this Bill. Thank you."
"Gentleman moves for the passage of the Bill. The Chair recognizes Representative Greg Harris." Harris, G.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." Harris, G.: "To the Bill, Ladies and Gentlemen. This got an extensive hearing in the Human Services Committee, and while many of us believe that the concept is a good idea, we believe that the Amendment, as currently drafted, will not provide good information to the families. It will provide information that is hard to interpret. It also does not make any discernment between the time and offense may been committed. It does not make a distinction between a misdemeanor, a felony or a violent offense. And it also does not go after, you know, the root cause of a lot of the fraud that we see in the system which may, in fact, be 09700121.doc 43 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 provided by those who are, you know, close to or affiliated with the person who's requiring the assistance. And this was a fact brought out by the Inspector General, when he testified on this piece of legislation. I'd be happy to work with the Sponsor on finding a good way to do this, but I think this is overly broad and not particularly well- drafted. And I would urge a 'no' vote."
"Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields." Davis, W.: "Representative, some of, I guess, my concerns were probably stated by the last speaker, but as I am just looking at our analysis, it says that a couple of the legal assistance groups are opposed to that Bill. Is that still the case?"
"The Amendment removed the opposition of DHS, and I worked hand in hand with them in order to adopt this. You know, that check… the background check's an informational only item because, as you probably know, personal assistants are actually hired by the person who needs the care. So, the department will run the check, provide the information of the person who is requesting a personal assistant. They will have analyzed that background check, make a determination on who they would like to hire, to bring into their own home." Davis, W.: "So, you said the department has removed their opposition. I'm talking about, at least on our analysis, some of the legal assistance organizations are apparently opposed. And I am just wondering if you can speak to that 09700121.doc 44 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 at all in any way. For instance, the Sargent Shriver National Center on Poverty Law, Cabrini-Green legal aid organization."
"I can only speak to the Sargent Shriver that came to committee and testified. They were, generally, against any background checks. So, this does not remove their opposition, but it does remove the opposition of the Department of Human Services." Davis, W.: "Okay. So, having listened to the previous speaker who talked about the manner in which the information would be provided that it may be confusing to someone, maybe this is someone of age that does not have a younger person who can read the information and maybe interpret it in some kind of way. He suggested that that information still may be confusing to someone who receives it. Do you agree, disagree, or…"
"I would probably disagree that it would be confusing because, again, a person who needs care applies to be in the program. The program coordinator then works with that individual to find somebody who can provide that care. They would work with them in that process about filling out hours and the application process, how to select somebody, what type of care they would need. That's all determined at the time the personal assistant is assigned to the person who needs the care." Davis, W.: "Okay. Are you familiar with an organization called Access Living?"
"I apologize. I am not." 09700121.doc 45 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 Davis, W.: "Okay. Well, they are an organization that supports the individuals that you're trying provide this service to, and apparently, they're opposed to this legislation. Do you have… Do you have any recollection or any knowledge of that?"
"They did not file as objectors in committee." Davis, W.: "It's a very large organization primarily, I'll say, in the City of Chicago probably in the Cook County area. You're not aware of them at all."
"You know, again, this is consistent with department background checks that they are… the department already does on homemakers, nursing home workers, equivalent home care workers. All of those positions currently hired by the Department of Human Services go through the same types of background checks. It's simply making that position equivalent with those which is, I think, very important to a person who needs the care inviting somebody into their home. Those people are inside their home of a disabled individual, you know, with clear access to their entire house. I think it's very important that these folks have just some sort of ability to see who is actually coming to provide them care and make a determination on who they would like to hire." Davis, W.: "So, just let me make one more distinction. So, you just named that this will be in line with other employees that are hired by the Department of Human Services, correct? The individuals that you're talking about now. Who will hire them, the individual?" 09700121.doc 46 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"Well, they are employees of DHS, but the individual who needs the care actually selects the caregiver." Davis, W.: "So, who then is interpreting the background check? Is it the individual who will receive the service or still the department interpreting this background check?"
"Well, the department will work with the individual who needs the care to interpret the background check." Davis, W.: "They will work with the individual. Are you certain of that?"
"Yeah. I… Absolutely. I think the…" Davis, W.: "I mean, I guess the distinction I'm trying to make, again, when you talk about the department hiring somebody, and you have professionals within a department that will get a background check, read through it, and make a determination versus that information solely being given to the individual and asking them to interpret that information versus someone at the department. That's, at least, that's how I understand that this would be. That the individual would have that information versus someone at the department interpreting that information. Is that correct?"
"My expectation and my legislative intent would be that the department would provide the background check with information either in paper form or through a conversation, so that that individual, if they have questions on something on the background check, they work hand in hand with the department as far as the final selection process. And then also at the final paperwork, as far as going through that and actually hiring that PA." 09700121.doc 47 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 Davis, W.: "Well, if I heard you correctly, you said it's your expectation. We're trying to figure what's it going to be. What's… what's going to happen? Not your expectation, but what's actually going to happen in this situation. Now, I can appreciate what your intent is, but like you said, your expectation, but if that information is going to be provided to the individual who will review that information versus someone at the department who will review it, that's a little challenging. And again, I'm not suggesting that an individual may not… may or may not be able to interpret the information, but if you're looking at how it's done otherwise, where other individuals or other people, who are hired by the department, and the department is reviewing that information versus an individual. So, maybe is there a way you can make it more in line and maybe require the department to review the information versus the individual reviewing it. Maybe that's something you might want to consider because, again, if I understand the previous speaker, some of the challenges that he spoke of, that would be difficult for an individual. And then what happens if that person who rev… the individual who makes the hire and reviews the information, and that ultimately turns out to be somebody who, you know, takes advantage of them. Are they… do they have any recourse versus maybe if the department had read it and they recommended somebody. Maybe that individual has some recourse through the department versus if they hire it, then somebody will say, oh well, you made the decision. You'll have to live with the consequences." 09700121.doc 48 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"Representative, you bring up many good points. I would be happy to work, if this does pass to the Senate, maybe on some of those details. One of the things that you bring up though points to the uniqueness of this situation because it's actually not DHS employees being assigned to work inside somebody's home. There's this really a hybrid of hiring which allows a person, who is disabled and needs the care, to be the one who actually selects the individual that works with them, but it all goes through the department. They're paid through the department. They're members of SEIU. You know, et cetera, so they're all on the state payroll. So, it's a very unique relationships I don't think that we see in too many other state agencies, and that's one of the reasons why it's somewhat difficult to, you know, explain how that works because it's a unique process 'cause I don't think anywhere else you have the public picking a state employee who's going to work with them in their home. But the way it works, again, with the department, is it's a hand in hand conversations about the type of care needed. There's an evaluation given. There's follow-ups on a monthly or semi-annual basis or annual basis with the person who's receiving the care, so that the department is always checking on the type of care that they're receiving to see if their care needs to be augmented or if their care doesn’t need to be there anymore. So, they're really working hand in hand with these individuals on an ongoing basis from start to finish. And I think it's really during that process in the initial application that they will work together on selecting a 09700121.doc 49 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 qualified individual who can provide the care that that individual needs." Davis, W.: "Thank you very much, Speaker. Ladies and Gentlemen, to the Bill very briefly. Often government is measured by it helps… how it helps the least of them. Right now, we're talking about a very vulnerable population of people. We try to pass laws every day in this chamber to try to protect the same individuals that the Representative is trying to help as well. If there is any uncertainty as to whether or not what he's proposing will or will not protect that individual, Ladies and Gentlemen, I think we need to err on the side of caution and continue to work on this legislation to make sure that it does exactly what he wants it to do. By his own admission… by his own admission it is his intent to do it, but this Bill does not necessarily guarantee that that will happen. Versus sending it over to the Senate and continuing to work, maybe we need to keep this one here in the House a little while longer, give us another Session to continue to work on it so we can achieve exactly what the Bill's Sponsor wants to achieve. So, certainly, while I don't do it often, I would certainly encourage a 'no' vote on this legislation."
Speaker Lang: "Ladies and Gentlemen, there are still five people wishing to speak on this. I would encourage brevity and restraint. The Chair recognizes Representative Mulligan. And that remark was not directed toward you, Representative."
"Yeah. Thank you. Mr. Speaker, will the Sponsor…"
"It was for all five." 09700121.doc 50 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"…yield?"
"You just happened to be next."
"Lou, I know you would always respect me and never…"
"Totally."
"…say anything like that. Will the Sponsor yield?"
"Absolutely."
"Representative, who's going to pay for the background check? Usually, it… we go to the State Police, and it cost… it used to cost… I don't know what it costs now, but it used to cost about $50. So, who pays for that?"
"It's actually a $15 fee. That will be incorporated within the department's programming of this actual care that they provide, just as it is with the other ones. This is actually unique also because this is Medicaid eligible, so 50 percent of the actual cost will be reimbursed by Medicaid."
"Where are they getting it done for $15?"
"That's from the department and the current background checks that they perform right now."
"That's interesting because we used to always have to pay 50. We've looked at this legislation several times, and it used to be more defined on people who had not committed any serious felony. This is one of the lower paying jobs, and it's usually really hard to find individuals that will do this work. And many instances, particularly when you get some of the older people, there are a lot of elderly women who take these jobs, and I mean elderly. Maybe in their youth they had a drug offense or something that was a long time ago. Does that eliminate them from being a caregiver?" 09700121.doc 51 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"No. This doesn’t eliminate them from being a caregiver at all."
"It would not eliminate them."
"It would not."
"Because I think it's hard to get people to do this kind of work, and it does save us a lot of money to be able to keep people in their homes preferably not putting them in nursing homes. So, exactly what's left after all the Amendments do you see happening with this Bill?"
"Well, all the Amendments are dropped off. Number 6, again, working with the department, simply requires that background check in agreement with the department in conjunction with the other positions that they readily hire as a state agency already. So, I think it's good legislation. It provides a little bit of a safety net for those folks who need the care, and there's about 10 to 12 thousand individuals that are personal assistants throughout the State of Illinois right now. So, this will definitely provide some comfort. Well, as the previous speaker mentioned, there are no guarantees, but you know, as with all the positions that currently require those background checks, there are no guarantees, you know, with who you hire about a future incident, but this, again, just provides some information to an individual who's inviting a caregiver to work inside their own home."
"So, is it up to the individual who is hiring them to make a judgment about that information?"
"Yes, in conjunction with the department. And many times the department encourages those folks who need care 09700121.doc 52 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 to hire somebody who is maybe a cousin, an aunt, an uncle, you know, someone with some familiar relationship, and you know, again, that's encouraged by the department. Obviously, again, to address your concern that we want these folks to remain in their home, in good care, in good safe care and not end up in a state-run institution."
"All right. Thank you."
"Mr. Morthland."
"Thank you, Mr. Speaker. A question of the Sponsor, please?"
"Sponsor yields."
"According to our analysis, there is a statistic that says of approximately 10 thousand such caregivers in the state, approximately 1200, 1,200 not having a checkered past but currently, having active warrants for their arrest. That would seem to be a rather, if true, a rather clarion call for swift action to protect, as we've already heard, some of our most vulnerable and needy citizens. Just quickly of the Sponsor, I would inquire. Do we have any information on the source of that statistic to help us verify its veracity?"
"Some of that information is from the State Police."
"Thank you very much, Mr…"
"Mr. Dunkin."
"Thank you. Thank you, Mr. Speaker. Will the Sponsor yield?"
"He does."
"Representative, what inspired this legislation?" 09700121.doc 53 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"Recently in Rockford, there was several individuals arrested as it happened throughout the state on issues of fraud, overstating timesheets, things along those lines. We just simply started looking at the program. My original proposal had several other things which got scaled back after many conversations with the committee and with the department. And we focused in on this mostly because it was something, again, that the department was looking at. It provides a safety net for those individuals needing care. And you know, I think it's a good compromise with the department with some of the original intent of my original legislation."
"Well, Representative, if individuals… So, you're saying this was inspired based off of fraud, initial fraud, that a Department of Aging personnel ran across?"
"This is something that the State Police actually reported on. It was public, you know. Then, I saw the information and started looking at the actual program and talking with my local Rockford Area Mobility Program, which helps administer care to disabled individuals. I asked how they, you know, they participate as well as in my area and around the state with this personal assistant program. And this has kind of sparked some of the interest in proposing this legislation."
"Well, Representative, the… are you familiar… do you know anyone personally or within your district directly who have… who utilize this service?"
"Yes."
"Really?" 09700121.doc 54 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"Yes."
"Have they complained of malfeasance or fraud, to your knowledge?"
"Well, a couple of the individuals I worked with are on both sides. They were caregivers, and they were also, again, an agency independent that offers these background checks on an optional basis. And they, actually, help train personal assistants and then, you know, actually talk with people who are actually caregivers. So, I've gotten all angles of the spectrum on this. And you know, what kept being consistent was that we simply want to have a good standard of care, which many of them provide now…"
"Understood."
"…and we also want to have a good safety net for those who need the care."
"Representative, what I would do… First off, this… a personal care assistant, I mean, that could be your aunt, your sister, anyone. I think it should be a very personal experience as a former social worker, myself, who worked in this realm. I worked with individuals who were diagnosed with AIDS and HIV. It's important that those individuals taking care of folks, it should be in the community and people that they know. They tend to function better. They live better, live longer. They have strong familiarity. I don't think we should base off of your personal background because, again, it could be your son who just got out the prison who may be in-between jobs for a year or two. And you know, they're the ones who are accessible to that respect… their respective parent. So, I just think this is 09700121.doc 55 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 a little bit over-the-top, and it should be left up to the individuals making the selection. I think we should change the legislation and make it optional because, you know, this prohibits… You know, we create more roadblocks unnecessary and have unnecessary consequences, collateral consequences if it's done sort of haphazardly. Everything does not fit perfectly in a box. Everything does not sort of fit with the standard based off of whatever stereotype or some employee who may have a great idea. All… you know, there are no new real great ideas, unless it's a new invention, but I think this right here is a little bit over-the-top and more than what's needed given it's a personal care assistant. And typically, the person hiring the personal care assistant has more knowledge, past and present, of that particular individual than a… some state bureaucrat. So, you know, I would modify it and make it 'may' instead of 'shall', especially since we don’t have more money, you know, extra dollars to go to this. We're adding an extra layer of bureaucracy that's really unnecessary, you know, especially if you're hiring someone that you know personally. That’s like a personal care assistant, and they're not making any money. This is, you know, this is not a real… I mean they often live with the… some of them live with the person they're taking care of. So, it's awkward. It's over-the-top adding bureaucratic layers. I don't think this legislation is ready. So, are you willing to pull it out?"
"Well, you know, the great thing about this is it actually addresses all of your concerns. As the 09700121.doc 56 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 distinguished Representative from the row in front of you, it essentially is an optional information only. It's given to the personal care assistant in conjunction with the department. They then make a determination on who they will hire. So, you can hire even if a family member or somebody you didn't know had an issue on their background check. They are still able to be hired, and it doesn't exclude anybody 'cause it's simply on an informational basis, but what it does do and what's very important is for those nonfamily members, it provides those individuals, who are disabled and need the care, to be actually receive care and know just a little bit of information about an individual who's coming into their home and working sometimes on a full-time basis, 8, 10 hours a day inside their house. So, it takes care of exactly what you're talking about. It requires the background check, but it's purely informational for them to assess that and make a decision on who they would like to have give them or provide them care."
"So, you're saying it's a 'may' and not a 'shall'?"
"The individual will apply to be a personal assistant. As part of the application process, they will fill out the criminal background check. The individual who needs the care will then decide who to hire. They are not excluded from hiring any individual based off that criminal background check. It's simply of information that's being provided to the person who needs the care."
"Thank you, Representative."
"You're welcome." 09700121.doc 57 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"Representative Mell."
"Thank you, Mr. Speaker. I'll just be real brief, and many have already asked questions. So, just real quick, to the Bill. I support this Bill. And mostly, it was because, you know, these are some of the most vulnerable citizens. We hand the keys over, and we send people into their homes. And I think and based on information, I think people need more information. And my point in committee was I think a lot of people just assume that we would give a background check to people who we're sending into… to potential employees that we're sending into people's homes. So, I mean, I was actually kind of amazed that we didn't do a background check on these employees. And I urge an 'aye' vote. Thank you."
"Mr. Sosnowski to close."
"I'd ask for passage. Thank you for your time."
"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Lilly. Please take the record. On this question, there are 80 voting 'yes', 31 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Mr. Lyons."
"Mr. Speaker, for a point of personal privilege."
"Please state your point, Sir."
"Ladies and Gentlemen, I am joined by my Senator, John Mulroe, of course and I'm also glad to bring to your attention that John's brother, my friend, Pat, his wife, Maureen, and his son, Joey, are up in the gallery. Welcome 09700121.doc 58 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 to Springfield. Welcome to your Capitol, Joe and Pat and Joey. We always take a little pressure when the House, again, can bailout the Senate 'cause the Senate wasn't in. So, thank you very much, everybody."
"Welcome to the House of Representatives. Mr. Brady."
"Thank you very much, Mr. Speaker. Point of personal privilege."
"Go ahead, Sir."
"Ladies and Gentlemen, today we welcome members of many organizations in central Illinois who are participating in an effort to prevent child abuse. In fiscal year 2011, there were 101,509 cases of alleged child abuse reported with many other cases unreported. There were 86 deaths related to child abuse. April is Child Abuse Prevention Month, and our guests they're in the House gallery, from many organizations across central Illinois working together to help prevent child abuse and making sure Illinoisans know that every child does matter. Please give them a nice warm welcome to Springfield."
"Thank you for…"
"Also speaking of children, it's indeed my pleasure to introduce to the House of Representatives my son, Tom Brady."
"Thank you all for coming to Springfield. Mr. Bost."
"Thank you, Mr… thank you, Mr. Speaker. If the record could reflect that Representative Gaffney is excused the rest of the day, please." 09700121.doc 59 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"Thank you, Sir. Next Bill is House Bill 5111, Mr. Mautino. Is Mr. Mautino in the chamber? Please read the Bill."
"House Bill 5111, a Bill for an Act concerning revenue. The Bill was read for a second time on a previous day. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"House Bill 5111, a Bill for an Act concerning revenue. Third Reading of this House Bill."
"Mr. Mautino."
"Thank you, Mr. Speaker. House Bill 5111 would say that professional employer organizations… these are people who go in and it's not temporary service, but they're basically employing for manufacturing or companies full- time… full-time employees, that they would be able to receive the Small Business Job Creation Tax Credit. This was part of the tax negotiations earlier on. I know of no opposition to the Bill and I'd be happy to answer any questions or ask for an 'aye' vote."
"Gentleman moves for the passage of the Bill. The Chair recognizes Mr. Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields."
"Can you tell me what the basis of the Small Business Job Creation Tax Credit Act is, and who it applies to now?"
"Sure. It basically gives the incentive to help grow their business for smaller… smaller companies, and after you create one or more new full-time positions to meet 09700121.doc 60 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 those eligibility requirements, they can register to receive up to a maximum of $2500 per job created."
"Up to how many jobs? Is there a limit on how many jobs they can get a $2500 credit for?"
"I don't have that in the analysis."
"Well, here's my question…"
"I believe there isn't a limit, since it is a small business. And that's defined in Illinois in our statutes as employing under 50."
"Well, I am wondering though because if you're talking about a professional employer organization, they don't actually create anything. They're not actually manufacturing. Aren't they just a conduit, where they provide workers to work at a factory?"
"At a lot of different…"
"Right."
"…jobs, but these are actually not like a day or temporary. These people go in, and they get permanent positions. They're on a permanent basis, salary, benefits, and this would allow for that business to take that tax credit for expanding."
"Well, I just want to make sure that these folks who work for these professional employer organization, the employees, that they're being treated as well as if they would be working directly for the ultimate employer. Are they getting pensions? Are they getting health care? Are they getting accrued vacation time? Are they getting things that typical employees would get if they were hired directly by the ultimate employer?" 09700121.doc 61 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"I imagine that that would… that would be subject to the terms of that business. I do know that they are at least 35 hours per week. They correspond with all the wage and labor laws. They receive their W-2s just as it was from that other small business. And currently, the credits can be claimed for an hourly worker that works 35 hours per week. These folks would be considered as full-time employees."
"Thank you. The Majority Leader is helping me understand this, and apparently, what this Bill… and maybe you can tell me if this is what I understand now is correct. That this would not preclude the ultimate employer from getting the credit as the employer should but has not been getting the credit because originally the people came through the professional employer organization."
"That is correct."
"I get it now."
"Thank you, Majority Leader."
"That's why she's the Majority Leader. Let's hear it for Barbara Flynn Currie."
"Hey. Thank you, Barbara."
"Mr. Reboletti."
"Thank you, Speaker. Will the Sponsor yield?"
"Gentleman yields."
"Representative, how do we determine who is a new employee for purposes of this credit? If somebody had been laid off six months ago and then they're brought back, would they be considered a new employee? What is the parameters of that?" 09700121.doc 62 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"I think in the… as I'm just looking through the language here… the determination of the credit applicant would require full-time or near full-time status at 35 hours each week in the period which has been generally accepted by the industry as full-time employment. It does not have a reference to start date within the Act itself that's being amended."
"Because my concern and of course, we want to bring those people back to work also, but not only that, but to create new positions so that we're not just bringing people back and giving them credit. I don't want to encourage people getting laid off to then bring them back to get a tax credit. Does that make any sense?"
"I understand what you're saying. I don't believe that that would be a concern within the Bill as it's been drafted."
"Thank you."
"Those in favor of the Bill vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Bellock, Jakobsson, Sente. Please take the record. On this question, there are 110 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4074, Representative Flowers. Please read the Bill."
"House Bill 4074, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Representative Flowers." 09700121.doc 63 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4074 would extend the disclosure period for information on physician profile. Last year, we passed House Bill 105, and we said that you can go back 5 years. This Bill would extend it to 10 years. And I'll be more than happy to answer any questions, and I know of no opposition. And I ask for a do pass."
"Lady moves for the passage of the Bill. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please record yourself, Members. Have all voted who wish? Bradley, Franks, Mautino, McAsey, Rose. Please take the record. On this question, there are 110 voting 'yes, 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Postponed Consideration, House Bill 4096, Representative Berrios. Please proceed, Representative."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I bring back House Bill 4096. We are trying to make sure that if a consumer is paying for something that they are getting the service they are paying for. I'd be willing to answer some questions."
"Representative Osmond."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Lady yields."
"Representative, in the current form of this Bill, do you have the support of the insurance industry as it is today?"
"Yes, I do." 09700121.doc 64 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"And do you consider this a good consumer protection Bill for the insurance industry and your community?"
"Yes, I do."
"When a person comes into these storefronts and buys insurance, it's a substandard company that sells these policies. Is that not correct."
"Very true."
"And when you're… these policyholders have a claim, is it not true that they have very difficult time making the companies payout on the claims?"
"Yes."
"To the Bill. I apologize to Representative Berrios for not speaking on this Bill previous. This is a very good strong consumer protection Bill. There is… there's a chance here that everyone in this House could have one of these business storefronts open up in your district and Representative Berrios is standing here today trying to prevent that in the future. And I stand with strong support on this issue."
"Mr. Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Lady yields."
"Representative, I'm trying to understand what this Bill does. Does it allow for auto insurance companies to provide insurance to unlicensed drivers?"
"There are companies currently offering to give insurance to unlicensed drivers, but it does not say that an insurance company has to sell insurance to an unlicensed driver." 09700121.doc 65 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"Okay. But, it will allow an insurance company to sell insurance to an unlicensed driver."
"It's current law. They can do it."
"So, what does this Bill do?"
"This Bill just says if they're selling insurance to an unlicensed driver, they cannot deny the claim just, you know, if that individual gets into a car accident, and then the insurance company uses no driver's license as an excuse to drop them from their insurance."
"Okay. So, what they're trying… Okay. I get that. I'm a little concerned about that though because if someone is unlicensed, they shouldn’t be on the road, correct?"
"They shouldn't, but sometimes children take their parents cars in the middle of the night, and the individual does not realize that."
"But the children would… but the child would not have been purchasing insurance. Let's talk about the end user because the person who would be purchasing it would be someone… let's assume they're unlicensed, okay. I don't… I think that the insurance would run with the vehicle if a parent had a car. And if, let's say, a child took it, you know, that's a different issue. But, I'm concerned that we'd be ratifying an illegal practice by saying if you don't get a driver's license, you can still buy insurance, and they can't deny you your claim. What would… Wouldn't that be a disincentive for people to get a driver's license?"
"No, not necessarily." 09700121.doc 66 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"But there is… I mean, driving is a right. It's not a privilege. That's established in the law, correct?"
"Right. But, there are still car companies and insurance companies out there promoting to unlicensed drivers and then denying their claims after they've paid their premium on a regular basis. And what we're trying to do is stop that deceptive act."
"I agree. So, perhaps we should have a prohibition on insurance companies from writing insurance to unlicensed drivers."
"That's a different issue."
"Well, no, I'm not sure it is because if you're trying to… I'm sorry. Driving is a privilege, not a right. I apologize. I did say it wrong. If you're trying to stop the insurance companies from ripping off consumers by taking their premiums and then not paying should there be a claim, wouldn't it be easier simply to prohibit the insurance companies from selling insurance to unlicensed drivers?"
"No, because people buy cars, and they have to have insurance."
"But if they don't have a license, they shouldn't be driving those cars. I mean, there's another issue here. They may own…"
"But it's…"
"…a car, but they shouldn’t be driving it. Simply because you own something, doesn't mean you should drive it unless you have the proper credentials. And I'm concerning…"
"They're not…" 09700121.doc 67 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"…I'm concerned that what we're doing is we're condoning this illegal behavior."
"All right. People collect cars and don't drive them all the time."
"I thank you. I've made my point too."
"Members, we have four… five now, Members wishing to speak. Please be as brief as you can. Representative Pritchard."
"Thank you, Mr. Speaker. To the Bill, Ladies and Gentlemen. What the Representative has here can questionably be debated as to whether a company ought to be selling insurance, but the reality is they do. And the reality is a lot of innocent drivers around the state are hit in an accident by these, call them unlicensed drivers, and are not able to collect any insurance. Therefore, they have to pay for their repairs, and they have to pay higher insurance premiums because of it. What this Bill is doing, as the Sponsor has said, is correcting a deceptive act that if they are selling insurance, they need to pay for the damages that that policyholder creates. I would encourage your support."
"Representative Williams."
"Thank you, Mr. Speaker. I have a question of the Sponsor."
"Sponsor yields."
"I know one of the other Representatives was concerned about us condoning an illegal act, but isn't it true that the denial could not occur if the person was 09700121.doc 68 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 identified on the application as an unlicensed driver to… Isn't that accurate?"
"Yes."
"Okay. So, then, isn't it also true that we're not in any way condoning an illegal practice because we cover that in the legislation?"
"Very true."
"Okay. Thank you."
"Thank you."
"I will be supporting this Bill."
"Representative David Harris. David Harris is not in his chair. Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. I rise in support of this legislation. In the committee that the Bill passed out of, it was discussed the very fact that if a person buys a vehicle, and that there's an injury to you or another car, they should have insurance. And this Bill provides that this car that is being driven will be insured, and that is what's important. I think that one of the most important things as drivers and those of us who are on the highway is to feel that if someone hurts you or your vehicle that they are insured and can handle any cost for the repair or damage that occurs. I rise in great support of this legislation, and I urge an 'aye' vote."
"Mr. Costello."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"As I understand it, there's something called insurable interest, so in order to take out insurance on a 09700121.doc 69 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 vehicle, you should actually have ownership. It has nothing to do with the operation of the vehicle. Is that correct?"
"Yes."
"Thank you."
"Representative David Harris." Harris, D.: "Thank you, Mr. Speaker and a question of the Sponsor."
"Sponsor yields." Harris, D.: "Representative, as I understand it, when a vehicle is insured, it is the vehicle that is insured and not the driver, correct?"
"Yes." Harris, D.: "Okay. It's with… it makes sense. So, we're insuring the vehicle so any driver or any individual could conceivably drive that car and then have the insurance if there's an accident because the vehicle, excuse me, the insurance follows the vehicle, right?"
"Yes." Harris, D.: "So, my concern and, which goes back to one of the thing… one of the comments that was made by the earlier… one of the earlier speakers, is that it seems to me that there ought to be some personal responsibility on the part of the driver to know I'm not insure… excuse me, I'm not licensed. I shouldn't be operating this vehicle. And I understand that if that unlicensed driver does get in an accident that the person who or the other vehicle that suffers the damage doesn’t have recourse to insurance coverage because the driver is unlicensed, but it just seems to me that we're throwing personal responsibility 09700121.doc 70 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 away. I mean, a driver is sup… should know I'm not licensed. I shouldn't drive. That’s a point. That's a statement, not a question. But a question, the insurance companies are comfortable with this. There's no opposition from the insurance companies on this."
"Currently, there's no opposition." Harris, D.: "Okay. Thank you very much."
"Representative Yarbrough."
"Thank you, Mr. Speaker. To the Bill. Representative Berrios has worked very hard on this Bill over the last General Assembly, and she's worked with the insurance companies. When she brought this to the Insurance Committee, there are those of us who knew that this was a problem, not just in her community but other communities in the Chicagoland area and the outer areas. The fact that she's worked so hard, got the insurance companies on board, I think, deserves an 'aye' vote. Thank you."
"Representative Berrios to close."
"There's been good discussion. I would ask for your favorable consideration. We are trying to help individuals who are doing their part by buying insurance, and then we're making sure that they're actually getting the service that they're paying for. Thank you."
"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please record yourselves, Members. Mr. Arroyo. Please take the record. On this question, there are 66 voting 'yes' and 44 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. 09700121.doc 71 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 Members, on page 25 and 26 on the Calendar, under Motions in Writing, there appears Motions to Table by Representative Carli on House Bill 4393 and Representative Morthland on 5384. We will take them in one vote. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Motions pass. And both Bills are tabled. Members, if you could pay some attention to the Chair. We don't have much work left ahead of us. We have many Resolutions. We're going to try to resolve these as quickly as possible, and we have a plan to do it. So, if all Members will be in their Chair and pay as much attention as possible, if we can keep the noise down in the room, we can move through these Resolutions expeditiously and be on the road. The first is on page 22 of the Calendar, House Resolution 751, Representative Osmond. Representative Osmond on your Resolution. Members, keep your eye on the Calendar. Out of the record. Page 23 of the Calendar, House Resolution 730, Representative Jones. Mr. Jones. Out of the record. House Resolution 744, Representative Berrios. You're up, Representative."
"This Resolution designates the week of January 22 through 28 of 2012 as Reproductive Rights Awareness Week in Illinois. I'd ask for your support."
"Those in favor of the Resolution say 'yes'; opposed 'no'. The 'ayes' have it. The Resolution is adopted. House Resolution 824, David Harris. 824, David Harris. David Harris. On you Resolution, Sir." Harris, D.: "No. There's an Amendment that's filed on this…" 09700121.doc 72 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
Speaker Lang: "Out of the record. Thank you, Sir. House Resolution 872, Representative Dugan."
"Thank you, Speaker. And I know everybody wants to go home, but we want to make sure… This is very important to every part of this state. It has to do with the Emergency Management System, the EMS system. I was proud to work with cochair of the EMS task force with Representative Moffitt and many members of this House were on that committee. We visited EMS communities and met with stakeholders throughout this state, north to south, east to west. There's many issues that will come forward once we give you the report of the EMS task force, but there were… we just want to make sure. And one of the things that was brought to our attention that I believe is very, very important for us to understand in this state that the Illinois Emergency Medical System and the thousands of people it employs continues to play a vital and lifesaving role for the people of Illinois. It was found in this EMS task force hearing that the State of Illinois, for whatever reason, EMS service in this state, we believe should be and why it is not up 'til this point we’re not sure, but EMS services in the state is not declared an essential service in the State of Illinois even though EMS services provide lifesaving services to people throughout the state. So, this Resolution, and I hope, Speaker… I know that we want to leave… hopefully, Representative Moffitt will say a few words, but this… all this Resolution does is we believe, and we ask you to join us, that EMS should be prioritized 09700121.doc 73 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 in line with its value to the people of Illinois and should be formally declared in Illinois an essential service."
"Those in favor of the Resolution say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. House Resolution 730, Mr. Jones."
"Thank you, Mr. Speaker. House Resolution 730 is a Resolution that marks February 7 as National HIV/AIDS Day. Many of you know I had two of my family members were afflicted with this and passed away. This is not only important to my family but important to our community. We know that nearly 60 thousand residents in Illinois are afflicted with HIV/AIDS. And I'd appreciate your support of this Resolution."
"Those in favor of the Resolution say 'yes'; opposed 'no'. They 'ayes' have it. The Resolution is adopted. Senate Joint Resolution 53, Majority Leader Currie."
"Thank you, Speaker and Members of the House. The United States Department of Energy plans to spend about $100 million to create and fund a joint center on energy storage research. Argonne National Laboratories is our lead agency. They are working in collaboration with the University of Illinois, Northwestern, the University of Chicago, the University of Michigan, Commonwealth Edison, Dow Chemical Company, several other national laboratories to position us to compete. We will have other competitors including California and New York. It is critical that we, in the Legislature, stand behind enthusiastically our agent 09700121.doc 74 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 in this competition because we can make a very big difference in terms of jobs, in terms of innovation and discoveries. I urge your strong support for passage of Senate Joint Resolution 53."
"Those in favor of the Resolution say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. House Resolution 814, Representative Soto."
"Thank you, Speaker and Members of the House. House Resolution 814 creates a task force on railroad and bridges infrastructure to conduct an in-depth research to identify the railroad track and bridges that are in need of repairs, so that necessarily infrastructure repairs can be done. And I urge an 'aye' vote. And I'm open for any question."
"Members, this Resolution requires a Roll Call vote. Those in favor of the Lady's Resolution… Excuse me. David Harris." Harris, D.: "Estoy a un acuerdo(I am in agreement)."
"Those in favor of the Resolution vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please record yourselves, Members. Feigenholtz. Please take the record. On this question, there are 110 voting 'yes', 0 voting 'no'. And the Resolution is adopted. House Resolution 882, Mr. Brady. Mr. Brady."
"Thank you, Mr. Speaker. The Resolution simply seeks to extend the time frame for the Psychotropic Drug Suicide Risk Task Force."
"Members, this will also require a record vote. Mr. Harris, your light is on. Do you have a question? Those 09700121.doc 75 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 in favor of the Resolution will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Arroyo, Hays, Pritchard. Please take the record. On this question, there are 110 voting 'yes', 0 voting 'no'. And the Resolution is adopted. To save some time, Members, we have a list of Agreed Resolutions which the Clerk will read to you. We're going to take them on one Roll Call on a voice vote. Mr. Clerk."
"Resolutions on the Order of Resolution and Agreed Resolutions. House Resolution 198, offered by Representative Chapa LaVia. House Resolution 749, offered by Representative Monique Davis. House Resolution 758, offered by Representative Phelps. House Resolution 782, offered by Representative Acevedo. House Resolution 809, offered by Representative William Davis. House Resolution 821, offered by Representative William Davis. House Resolution 826, offered by Representative Beiser. House Resolution 843, offered by Representative Howard. House Resolution 860, offered by Representative Pihos. House Resolution 881, offered by Representative Biss. House Joint Resolution 47, offered by Representative Saviano. House Joint Resolution 71, offered by Representative Chapa LaVia. House Joint Resolution 73, offered by Representative Verschoore. House Joint Resolution 74, offered by Representative Currie. And Senate Joint Resolution 46, offered by Representative William Davis."
"Representative Currie moves for the adoption of all the Agreed Resolutions on the list read by the Clerk. Those in favor say 'yes'; opposed 'no'. In the opinion of 09700121.doc 76 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 the Chair, the 'ayes' have it. And each of these Resolutions is adopted. Mr. Clerk, Agreed Resolutions."
Clerk Hollman: "Agreed Resolutions. House Resolution 908, offered by Representative Coladipietro. House Resolution 909, offered by Representative Flowers. House Resolution 911, offered by Representative Hernandez. House Resolution 914, offered by Representative Mayfield. House Resolution 915, offered by Representative Colvin. And House Resolution 916, offered by Speaker Madigan."
"Leader Currie moves for the adoption of the Agreed Resolutions. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Agreed Resolutions are adopted. The Chair recognizes Mr. Reis."
"Thank you, Mr. Speaker. I wish to be recorded, if we had a voice vote or a recorded vote, excuse me, on House Resolution 744 and House Resolution 916. If we did have a recorded vote, I would have voted 'no'."
"The record will reflect your intention, Sir. And now… not and now. Lights all over the place. Representative Kay."
"Thank you, Mr. Speaker. Had there been a voice vote on House Resolution 744 and House Resolution 916, I would have voted 'no' and like to be so recorded. Thank you."
"The record will reflect your intentions. And Members, if any of you should make a determination on any of these Resolutions after you go home, you can always file a letter with the Clerk. The Chair recognizes Mr. Morrison." 09700121.doc 77 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012
"Thank you very much, Mr. Speaker. Had there been a voice vote on House Resolution 744 and House Resolution 916, I would have been recorded as a 'no'. Thank you."
Speaker Lang: "The record will reflect your intentions. Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Ladies and Gentlemen, as you probably already are very much aware of, we are, by a virtue of a number of things, going to lose several colleagues here in the Illinois General Assembly, but today happens to be the last day for a good friend to all of us, a Gentleman that we all very much love and respect here in the General Assembly, and that is Representative Marlow Colvin. Please stand up and show your love for Representative Marlow Colvin. And I know… I know that we're going to do this several times moving forward as Members, move on to other things for whatever reason, but I certainly will be remiss if I didn't take this opportunity, particularly in my role as chairman of the Illinois Legislative Black Caucus, just to say and acknowledge the tremendous work that Representative Colvin has done on behalf of African Americans throughout the entire State of Illinois, as well as all citizens in the State of Illinois. One thing that I rec… that I understand about being a Representative is that, yes, I am African American, but the decision that I make here in this chamber affect everybody, regardless of your race, nationality, creed, color, sexual orientation, or whatever the case may be. But you talk about a Gentleman in this chamber that's fair, a Gentleman that is very clear and concise on his thoughts and his 09700121.doc 78 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 efforts, a Gentleman who moves only when it's necessary to move. He's not the type of person that's just going to stand up and talk just to be talking, so that when he does talk, you know that he's trying to say something profound, trying to say something that we all can understand, something that's very relevant to the conversation and the topic that's being discussed at that particular time. So, again, I'd be remiss if we didn't take this opportunity before we leave just to wish him well on his new endeavor. We all know that this will not be the last time that we see him, of course, but he will be down here in another capacity in short order. But nevertheless, I just want you to know, Marlow, how much I respect you and how much I've appreciated your friendship over the last 10 years, your leadership, and your guidance on a number of issues. And you, as a Member of this Body, will truly be missed. Thank you very much."
"Mr. Riley."
"Thank you, Mr. Speaker. I'd also like to give best wishes to my fraternity brother, who will be leaving us. You know, we all make a mark here just walking up those stairs and walking on this rug is a privilege. And you know, I've known Marlow before I came down to this Body, and I've always known him to be someone who, first of all, he's going to tell it to you straight, but he's going to be extremely cogent, and he's just so very well-thought-out with all of the ideas that he has. And you know that when he's saying something, he really has thought out everything that he's saying. It's going to be a loss, but just like 09700121.doc 79 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 the other Members who have gone on, we will see you. And I'm sure when you leave this Body, just like the other Members who left who have this glow about you, when you have all this pressure taken off of you. But it's been a pleasure, Marlow, of course. You know, we'll be friends forever. We will continue to see each other, but your leaving is a loss to this Body and thank you so much for the time that you've been here. Thank you."
"Representative Nekritz."
"Thank you, Mr. Speaker. I would just also like to add my congratulations to Marlow, as he takes on a new challenge and a new endeavor. I have to say, when I arrived in this Body, I thought that Representative Colvin had been here a lot longer than me because he demonstrated such knowledge of the process and such leadership. And so, and I… and when I found out that he arrived not that much before me, then I decided that he needed to be a model and a mentor and as well as a friend. So, Marlow, I will… I'm going to miss you a lot, and… but I will look forward to seeing you in your new capacity and working with you then."
"Representative Soto. Members, could we hold the noise down in the chamber, please? Members, please. Representative Soto."
"Thank you, Speaker. Marlow, I know you didn't want to be recognized today 'cause you're the type of shy guy, but Marlow, I just want to congratulate you for all that you have done here. We'll never forget you. You're a true friend. You're a genuine person, and you have so many leadership skills. So, again, I congratulate you, and I, 09700121.doc 80 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 forever, will be your friend. Anything I can ever do for you, please give me a call. Thanks."
"Representative Mautino."
"Representative Colvin, I would just want to echo the remarks of our other colleagues. I've had the opportunity on many occasions to work with you on issues for downstate, for the chamber. I've found you to be a tremendous leader of the Black Caucus and of the General Assembly. I know that as you go on to your future, it is very bright for the people of the State of Illinois, and we are better for your having served with us."
"Representative du Buclet." du Buclet: "Representative… Thank you, Mr. Speaker. I'm one of the newest Members of this Body, and as one of the newer Members, I'd like to say that Marlow… Representative Colvin has been instrumental and helpful to me as I navigate this House. And I'd like to say thank you to him. Good luck to you, and I hope we remain in touch. Thank you very much."
"Representative Lilly."
"Well, I'm losing a seatmate, who has guided my steps here in the House, and I'm going to miss you. I've learned a lot. And I appreciate your leadership, your friendship, your kindness and your concern for the citizens and everyone here in the House of Representatives. You will be missed, and you will always be loved. Thank you and God bless."
"Mr. Moffitt."
"Thank you, Mr. Speaker, very briefly. Representative Colvin, it's been an honor and privilege to work with you. 09700121.doc 81 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 And I just second all those things that they said. You were always there and offered to help anytime, but I had one unique experience with you. I think you remember it. We had a lot of quality time together one day. It was after the end of Session. We go out here to get on the elevator in the southwest corner, and it just moved… just you and I… it just moved a little bit and stopped. And so for the next hour and half or two hours, we just had a nice discussion in there, and we formed a new caucus. I believe you were the one that named it, and it was the salt and pepper caucus, I believe you called it. And so maybe, we can continue that caucus, but it's fine with me if we don't have the time on the elevator that would delay us that much. Godspeed to you. You're a true Gentleman. It's a pleasure to serve with you. Thank you."
"Representative Howard."
"Thank you, Mr. Speaker. Well, Marlow, you're leaving means that I'll have to bring in another district mate, but I think I'll be able to do that. Meanwhile, you know, I've always looked at you as one of our best and brightest young people, and I'm certain that the company that you're going to be working for will be much better because you're coming. We will miss you, but I know I'll see you."
"Mr. Turner."
"Thank you, Mr. Speaker. Marlow, you'll definitely be missed. You're not only our fraternity brother now, you're not only a colleague but just a great friend of mine. I've leaned on you over this last year for your leadership and your guidance, and you've really, really shown me the way. 09700121.doc 82 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 I'm sure this won't be the last time we, you know, continue to work together, spend time together, have fun together. I've really enjoyed my time with you. I really enjoyed serving with you. Godspeed and I'm sure you'll do well."
"Representative Greg Harris." Harris, G.: "Thank you, Mr. Speaker. And Marlow, thank you for when I came down here as a new person sort of taking me under your wing and helping me out, learning how things work down here. And if there's one thing you did teach me, it was that we all need to work together to help our own neighborhoods in our own districts, and yeah, I really appreciate that. And you've helped me with mine a number of times, and I very much appreciate the leadership and the guidance you've given me on how we're a State Representative and not just merely a district Representative, as well. So, thank you very much and Godspeed."
Speaker Lang: "Ladies and Gentlemen, Representative Marlow Colvin."
"I was… I was kind of hoping to sneak out of here without saying anything, and I guess I didn't get to Will today. I told Karen, who's been a real good friend of mine for 10 years, that I didn't really want kind of a sendoff on the floor yet 'cause one, I'm still a State Representative until I finish things and complete my transition, which is probably still a couple, three weeks away, just kind of transition out of here. It's a little lower key. But I think I will take this opportunity just to say thanks to all of you who've help make this very special 09700121.doc 83 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 for me. When I first got here, I had no expectations, no real goals. I wanted to come here and be a reflection of how I grew up and where I grew up and make those people who sent me here proud of me. As you might imagine, this is difficult. I have always loved politics and people and government. I've spent much of my career in those fields and coming here and working with all of you to accomplish just a few things to maybe make life better for people in the State of Illinois was really my only goal and expectation. This is an amazing process, and for those who get the honor and the privilege to do this job, I hope that in some small way that you appreciate and cherish it as much as I have. It is always important, I think, in how you conduct yourself and how people see you in this role. We are leaders, and unlike Charles Barkley, we don't get to choose whether or not we're role models when we do this. For the young kids who come down here to the students who participate in this process to our citizens across the state and across this country who come and observe what we do here, I think it always matters not only how you conduct yourselves on the floor, in committee or maybe even in the evening when you're running around town. But, I will say to each of you, to the staff, to the leaders on both sides of the aisle, to all of the wonderful people that I have met, at the end of the day, we're all parents and fathers and grandfathers and aunts and uncles and godparents. Guys like Wayne, who he and I talk about baseball all the time. Those of us who talk about our nieces and nephews, our trips. The family that I've gotten since I've been here and the time 09700121.doc 84 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 we've spent away from here at home with each other has just really been special. And this opportunity, this special, special opportunity has changed my life and my perspective about what we do, the struggles and the trials people go through, has really helped sharpen my perspective that what's really important in life. So, to all of you I want to simply say thank you. I can't begin to express what I've learned from all of you. And as I take all of those experiences forward in my next job, I would hope that we would always have the opportunity to exchange and interact and exchange views but do so as Ladies and Gentlemen, to do so with a lot of respect for each others' opinions. I've had many disagreements with folks on this floor on both sides of the aisle, but I've always tried to walk away from them with the same feeling of respect and admiration as I finished. These negotiations that you're going through, and I can't tell you, I'm probably getting out of here at the best possible time. But I think, even as we go through these very difficult months and weeks ahead of us, we can do so with the sense that when folks sit down at the table together the number one goal should be how can we keep each other whole. How can we protect every citizen, every child, in every town, every corner of this great state? You know, the American style of democracy is something special, and I think all of us has a responsibility to protect it and defend it, to pray for it and to work to keep it whole. And it's the conduct, the conduct that each one of us displays every day, every day, whether we're here or back in our districts talking to our local constituents that we give 09700121.doc 85 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 them, that we give them the sense that it is something to be respected, something to be revered, and something to be protected. And for that, I want to thank all of you who share those same ideals. To all my friends in all the different caucuses, to all the people here who just made this a really wonderful experience for me over the last 11 years, I simply want to leave by saying thank you. Thank you very much."
"And now, Leader Currie, wishing everyone a good holiday and a good two weeks in your districts and wherever you're going, now move that the House stand adjourn 'til Tuesday, April 17 at 12 noon, allowing perfunctory time for the Clerk. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. The Motion passes, and the House does stand adjourned 'til Tuesday, April 17 at 12 noon. Have a good trip."
"The House Perfunctory Session will come to order. Introduction and First Reading of House Bills. House Bill 6148, offered by Representative Hernandez, a Bill for an Act concerning appropriations. First Reading of this House Bill. Introduction of Resolutions. House Joint Resolution 61 (sic-SJR61), offered by Representative Chapa LaVia. First Reading of Senate Bills. Senate Bill 2778, offered by Representative Nekritz, a Bill for an Act concerning criminal law. Senate Bill 2846, offered by Representative Winters, a Bill for an Act concerning finance. Senate Bill 2847, offered by Representative Gabel, a Bill for an Act concerning employment. Senate Bill 2849, offered by Representative Mayfield, a Bill for an Act concerning 09700121.doc 86 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 children. Senate Bill 2899, offered by Representative Gabel, a Bill for an Act concerning criminal law. Senate Bill 2929, offered by Representative Farnham, a Bill for an Act concerning education. Senate Bill 2935, offered by Representative Yarbrough, a Bill for an Act concerning regulation. Senate Bill 2941, offered by Representative Zalewski, a Bill for an Act concerning regulation. Senate Bill 2945, offered by Representative Connelly, a Bill for an Act concerning health. Senate Bill 2993, offered by Representative Farnham, a Bill for an Act concerning transportation. Senate Bill 3146, offered by Speaker Madigan, a Bill for an Act concerning State government. Senate Bill 3154, offered by Representative Costello, a Bill for an Act concerning revenue. Senate Bill 3170, offered by Representative Osmond, a Bill for an Act concerning utilities. Senate Bill 3173, offered by Representative Winters, a Bill for an Act concerning State government. Senate Bill 3201, offered by Representative Lyons, a Bill for an Act concerning business. Senate Bill 3325, offered by Representative Gabel, a Bill for an Act concerning children. Senate Bill 3336, offered by Representative Nybo, a Bill for an Act concerning transportation. Senate Bill 3366, offered by Representative Sente, a Bill for an Act concerning revenue. Senate Bill 3389, offered by Representative Beiser, a Bill for an Act concerning revenue. Senate Bill 3441, offered by Representative Dugan, a Bill for an Act concerning public aid. Senate Bill 3457, offered by Representative Acevedo, a Bill for an Act concerning vehicles. Senate Bill 3507, 09700121.doc 87 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/30/2012 offered by Representative Verschoore, a Bill for an Act concerning revenue. Senate Bill 3526, offered by Representative Mautino, a Bill for an Act concerning revenue. Senate Bill 3530, offered by Representative Winters, a Bill for an Act concerning transportation. Senate Bill 3544, offered by Representative Mussman, a Bill for an Act concerning children. Senate Bill 3572, offered by Representative Cross, a Bill for an Act concerning civil law. Senate Bill 3576, offered by Representative Fortner, a Bill for an Act concerning local government. Senate Bill 3591, offered by Representative Berrios, a Bill for an Act concerning utilities. Senate Bill 3597, offered by Representative Rita, a Bill for an Act concerning public employee benefits. Senate Bill 3616, offered by Representative Bradley, a Bill for an Act concerning revenue. Senate Bill 3681, offered by Representative Currie, a Bill for an Act concerning State government. Senate Bill 3682, offered by Representative Farnham, a Bill for an Act concerning State government. Senate Bill 3690, offered by Representative Gabel, a Bill for an Act concerning State government. Senate Bill 3711, offered by Representative Burke, Kelly, a Bill for an Act concerning revenue. Senate Bill 3722, offered by Representative Currie, a Bill for an Act concerning elections. Senate Bill 3780, offered by Representative Costello, a Bill for an Act concerning civil law. First Reading of these Senate Bills. There being no further business, the House Perfunctory Session will stand adjourned." 09700121.doc 88