"House Perfunctory Session will come to order. Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules reports the following committee action taken on December 05, 2012: recommends be adopted, referred to the floor is Floor Amendment #3 to Senate Bill 3233, Floor Amendment #3 to Senate Bill 3681; recommends be adopted, referred to the Order of Resolutions is House Resolution 1311; approved for consideration, referred to Second Reading is Senate Bill 3280, Senate Bill 3626; approved for consideration, referred to Third Reading is Senate Bill 2643 and Senate Bill 3441."
"Good afternoon, Illinois. And for the last time in 2012, we will come to order. We shall be led in prayer today by Pastor Shaun Lewis, who is the… with the Illinois director… who's the Illinois State Director at the Capitol Commission serving the political Leaders of all the State of Illinois. Members and guests are asked to please refrain from starting their laptops, turn off all electronic equipment and stand for the invocation and the Pledge of Allegiance. Pastor Shaun Lewis."
"Thank you. If you'd bow with me in prayer. As we gather here at the end of Veto Session, no doubt many here would like peace of mind as they finish their work and go home to celebrate Christmas. Lord, Isaiah 26:3 says, You keep him in perfect peace, his mind is stayed upon You because he trusts in You. Pray that all here would trust in You, that their minds would be stayed upon You, that they would have the kind of peace that only You can provide. 09700161.doc 1 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 Uphold our lawmakers, they serve our state, keep them healthy, comfort their families that are away from home today, give each the humility to work together and the wisdom to accomplish much. In Jesus' name we pray, Amen."
"Representative Gaffney and Representative Jerry Mitchell, would you please lead us in the Pledge of Allegiance." Gaffney and Jerry Mitchell – et al: "I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
"Roll Call for Attendance. Leader Barbara Flynn Currie."
"Thank you, Speaker. Please let the record reflect the excused absence of Representative Mautino today."
Speaker Lyons: "Thank you, Leader. Representative Bost, Republicans."
"Thank you, Mr. Speaker. Let the record reflect that Representatives Coladipietro, Cole, Mulligan, Nybo and Osmond are excused on the Republican side of the aisle."
"Thank you, Leader. Mr. Clerk, take the record. There's 111 Members responding to the Roll Call, we have a quorum. We're prepared to do the work for the people of the State of Illinois. Mr. Clerk."
"Committee Reports. Corrected Committee Report. Representative Flowers, Chairperson from the Committee on Health Care Availability & Accessibility reported no legislative measures on December 4, 2012. Committee Reports. Representative Daniel Burke, Chairperson from the 09700161.doc 2 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 Committee on Executive reports the following committee action taken on December 05, 2012: do pass as amended Short Debate is Senate Bill 3583. Introduction of Resolutions. House Resolution 1322, offered by Representative Soto and House Resolution 1330, offered by Representative Dugan. These are referred to the Rules Committee."
"Mr. Clerk, Agreed Resolutions."
Clerk Hollman: "Agreed Resolutions. House Resolution 1321, offered by Representative Bill Mitchell. House Resolution 1323, offered by Representative Currie. House Resolution 1324, offered by Representative Bill Mitchell. House Resolution 1325, offered by Representative David Harris. House Resolution 1326, offered by Representative Poe. House Resolution 1327, offered by Representative Sente. House Resolution 1328, offered by Representative Pihos. And House Resolution 1329, offered by Representative Brauer."
Speaker Lyons: "Leader Barbara Flynn Currie moves for the adoption of the Agreed Resolutions. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Agreed Resolutions are adopted. Leader Lang, I think you have a group you would like to introduce to us."
"Thank you, Mr. Speaker. Ladies and Gentlemen, I'd like to introduce, over in the gallery behind me, a group of students from my alma mater, Niles North High School in Skokie. They're here to lobby on behalf of the immigrant driver's license Bill. So, let's give them a big hand."
"Welcome to your Capitol. We're proud to have you down here and with your famous alumni introducing you. 09700161.doc 3 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 Mr. Clerk, on page 3 of the Calendar, under Senate Bills- Second Reading, Representative Moffitt has Senate Bill 1543. What's the status on that Bill, Mr. Clerk?"
"Senate Bill 1543, a Bill for an Act concerning safety. This Bill was read a second time on a previous day. Amendment #2 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Read the Bill, Mr. Clerk."
"Senate Bill 1543, a Bill for an Act concerning safety. Third Reading of this Senate Bill."
Speaker Lyons: "The Gentleman from Knox, Representative Moffitt."
"Thank you, Mr. Speaker. This Bill… actually, the Amendment became the Bill. And this will extend the sunset on the 9/11 Act that is scheduled to sunset. It sets up our 911 call centers and 911 Act in April. This extends it through… through June and gives us time to work this spring to… if we need to make any changes in that Act. I want to thank the Speaker's Office for making available this… this vehicle, but otherwise it would sunset April 1. It's a Wireless Emergency Telephone Safety Act. This takes it to actually July 1. So, there's no opposition. There's lots of proponents, but the Amendment became the Bill and it has nothing to do with asphalt shingles. But I appreciate the Speaker making it available and we need to move this through so that 911 call centers know that they can continue to budget and will be there to answer the public safety needs. Thank you." 09700161.doc 4 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012
Speaker Lyons: "Thank you, Representative Moffitt. Representative Jack Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Representative Moffitt, do you want to yield?"
"Sure."
"Thanks."
"He yields."
"Thank you, thank you. Representative, yesterday I had a… a hearing… we had a committee meeting and one of the things that came up was the 9/11 issue. Are there going to be any task force or people meeting to determine whether there needs to be some changes? I met with one of my local mayors who indicated that things were working well in his community, but he thought there were some issues that needed to be addressed. And I was wondering, because of the extension through June, will there be some changes to the actual Act?"
"Representative, there certainly could be, but this gives us the time we need so that those issues can be addressed. The task force that Representative Dugan and I held, and had the 17 hearings, a lot of issues were brought up. We do have some 911 call centers around the state that are on the verge of closing their doors. And I believe procedure is that the State Police would take over operation if a local 911 call center cannot continue to operate. So, yes, there will be, obviously, revenue is one of the issues there and I think and I'm sure if he has any comments, but I know Representative Lang has been involved in some of this discussion. So, I would expect there to 09700161.doc 5 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 potentially be some changes. But without this legislation, we haven't even got the time to address it properly and get the input that we need. So, yes, there's some needed changes, but this gives us the opportunity to address those concerns."
"Well, thank you. And I hope you're a part of that and I look forward to working with you."
"Thank you."
"Thank you."
"Representative Moffitt moves for the passage of Senate Bill 1543. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? This will require 71 votes, the parliamentarian has just informed me. Have all voted who wish? Have all voted who wish? Kelly Burke. Mr. Clerk, take the record. On this Bill, there's 111 Members voting 'yes', 0 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 2 of the Calendar, under House Bills-Second Reading, Representative Jack Franks has House Bill 6231. What's the status on that Bill, Mr. Clerk?"
"House Bill 6231 was read a second time on a previous day. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Mr. Franks, Third Reading. Third Reading and read the Bill, Mr. Clerk."
"House Bill 6231, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Representative Franks." 09700161.doc 6 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012
"Thank you, Mr. Speaker. About a… a couple years ago we passed a Bill unanimously through the House which created the Local Government Consolidation Commission Act. And we were supposed to have our response to the General Assembly by the end of this year. Unfortunately, the Governor had not signed the Bill until August of last year and we did not get a full complement on our commission until later than that. Therefore, we've had some meetings but not enough to accomplish our task. What I'd like to do is to give an additional nine months, to September 30, 2013, to allow the commission to finish its work. I'd be happy to answer any questions."
"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, all those in favor of the passage of House Bill 6231 signify by voting 'yes'; those opposed vote 'no'. Do we need 71… 71 votes are needed for its passage. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? du Buclet, Morrison, Tom. Representative Morrison, like to be recorded? Mr. Clerk, take the record. On this Bill, there's 111 Members voting 'yes', 0 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 2 of the Calendar, Representative Jerry Mitchell has House Bill 6193. What's the status on that Bill, Mr. Clerk?"
"House Bill 6193 was read a second time on a previous day. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. And read the Bill, Mr. Clerk." 09700161.doc 7 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012
"House Bill 6193, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Jerry Mitchell." Mitchell, J.: "Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I bring you House Bill 6193, a Bill that has been put together after a full year of study by a committee of experts in this particular field. This Bill simply will change the curriculum in health education to include kindergarten through eighth grade. It's already mandated that high school age, nine through twelve, have sexual abuse prevention education. We have had a void forever. It's always been the elephant in the room in the primary classrooms. Children of that age need the help to be able to say no to inappropriate touching or abuse by anyone, a friend of the family, a family member. This Bill will help to bring light on that subject. There is a training component in it for teachers. That will be done by the State Board of Education. The committee of experts has done a tremendous job, and I sat in on those committee meetings, of looking at all the various programs. The cost of this program is negligible. The curriculum will be developed and determined by individual school boards. This is a much needed Bill that has spent over a year getting ready for today. It's called Erin's Law. Many of you know that Erin Merryn was a lady that was abused as a child on multiple occasions. She was there to testify and it was very compelling. She has started a movement to get Erin's law passed in every state in the union and even at the federal level. She has been named 'Woman of the Year' by several 09700161.doc 8 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 different groups. And she's done a tremendous job of helping the committee with this Bill. Mr. Speaker, I'd be happy to answer any questions. Thank you."
"Ladies and Gentlemen, I will implement the timer for the duration of the day and we will certainly be liberal with that, two minutes, and give you another minute if you need it. The Chair recognizes Representative Brauer."
"Thank you, Mr. Speaker, a point of clarification on this Bill."
"State your inquiry, Sir."
"Would this be the respected educational Representative from northern Illinois's last Bill?"
Speaker Lyons: "Rumor may have it that you are correct, Representative."
"Well, I guess, I certainly want to take this brief opportunity to congratulate him and the fine job he's done for the Illinois House and his leadership he's provided us over the last 20 years."
"Nobody argues with that, Rich. Thank you very much. Representative Patti Bellock."
"Thank you very much, Mr. Speaker. I also would like to congratulate Representative Mitchell on such an outstanding job. But I would like to also ask him some questions on the Bill. So, will the speaker yield?"
Speaker Lyons: "Gentleman awaits your questions, Representative."
"Thank you very much. Representative Mitchell, I just wondered if this is… all school boards, do they have 09700161.doc 9 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 control of the curriculum under this Bill or is this one program that goes to all schools and all school boards must adopt?" Mitchell, J.: "No. Representative Bellock, this… this, the committee itself and the Bill itself, is silent on the issue of who determines the curriculum which leaves it in the hands of the local school board. However, the committee has spent hours and hours and hours looking at programs and trying to decide what good programs there are. There are also many groups and many school districts already have programs in place and we don't want to do anything to interrupt those programs. They use Shining Star, ICASA, YWCAs to bring the information to the children and then the teacher assists that. That's what we want to happen across the State of Illinois so that all children have that benefit. So, the curriculum is still going to be determined locally, but we certainly want to make sure that all viable options are there. What the committee did after exhausting themselves looking at good programs is come up with 10 core components that they felt all good programs should have. I have a list of those; it's quite lengthy. I won't try to read it now 'cause it would take all of your time, but if anybody is interested, I'd be more than happy to get them a copy of the 10 core curriculums."
"So, I just wanted to clarify that the local school boards do have authority over the curriculum in the program?" Mitchell, J.: "Absolutely."
"Oh, okay. Thank you very much." 09700161.doc 10 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012
"Leader Mike Bost."
"Thank you, Mr. Speaker. Let me… let me first say that the Gentleman has done a fine job of serving his constituents and I just… would mean… by him leaving means that I'll be the last Marine left standing. So, I want to, you know, tell him that thanks for leaving his colleague here. But that… but that, I do need to ask some questions, if the Sponsor will yield."
"Gentleman awaits your question."
"Representative, how does this affect parochial schools, any way at all?" Mitchell, J.: "We didn't address parochial schools in the Bill."
"So… so, parochial schools…" Mitchell, J.: "This Bill is simply…"
"…will feel free to…" Mitchell, J.: "No. That's correct."
"Okay. You have spent a lot of your time, here on this floor, standing against unfunded mandates. And my question is, on this one, how do you… I mean, is it just that you feel that this issue's so important that you'd bypass that or what?" Mitchell, J.: "Well, thank you, Representative, you've asked the question and I know there's probably at least 15 or 20 people on this floor that were going to ask. This is… is a mandate of sorts. And I guess I rectified it in my own mind after spending the time hearing the heart-wrenching stories of, not only people on the committee but even my fellow colleagues here in the House that have privately told me of 09700161.doc 11 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 incidents either involving them, their children or relatives' children. I realize there are some things that we need to do to help and this Bill… the committee itself said we don't feel like we're forcing something on school districts as much as we are trying to help them with a subject that has been around forever and no one has ever addressed. We put it in at the high school level. That's way too late. The kids that are affected the most are pre- kindergarten and primary students. And if you don't affect… think it affects children and how they learn when their mind is preocc…"
Speaker Lyons: "Continue. We'll give you another minute, Jerry." Mitchell, J.: "Thank you. …about what's going on with a relative that is inappropriately touching them or, God forbid, even raping them. It affects their learning. I taught second grade. I know how that happens, and I know how distracted it is for the innocence in our society and that's the small children. I guess that's what made me finally give a little bit, but… but also it's already in the health curriculum. Okay. The health curriculum addresses sexual prevention awareness already. We are just modifying that and moving it down to reach those children that really need the help. I hope that answers your question, Sir."
"Yeah. And there's just one more question, if I can. You said off the start that schools, without this, many schools have already implemented programs at the local level by choice. Is that correct?" 09700161.doc 12 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 Mitchell, J.: "That is correct. And we don't want to do anything to interfere with those programs…"
"So…" Mitchell, J.: "…and this Bill does not do that."
"So…" Mitchell, J.: "This only brings help to those school districts that maybe would like to approach it but really don't know where to turn."
"Yeah. And I would say that rather than this Bill, maybe something or a way to encourage them at the level to do that without having that mandate. And I do see a problem with the mandate. I'll listen to the rest of the debate. Thank you."
"Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." Davis, M.: "Representative Jerry Mitchell, we've been in this committee… the committee together a very long time and you always opposed mandates. Can you explain to the Body what has changed your mind in reference to mandates that are truly needed?" Mitchell, J.: "Well, bless your heart. The answer won't change much from what I just gave to… to the former Representative. Representative Davis, when I started out I told Erin Merryn and the Chief of Police of Dixon who is the chairman of the committee that they may have the wrong guy because I am so opposed to inflicting cost and curriculum on school districts. I think part of that was the reason the committee chose to move in the direction 09700161.doc 13 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 they did to try not to impede the progress of districts, to try not to put undue cost on districts. All of the materials that are out there for school districts to use are free. There is no cost. The time involved is the cost. Somewhere something may not get taught that's taught now and you and I both know that that's where we come up with that and it's a first…" Davis, M.: "Thank you for that response. Thank you. May I ask another question, please? Each district will provide its own curriculum. Is that correct?" Mitchell, J.: "Each district will have a variety of curriculum materials to choose from. And there are teachers after training that… don't forget there are training components which the teachers are very excited about. They've come to me and certainly supported the Bill because of the training component. In fact, they wanted that mandated and I said, no, no. That's part of your continuing professional education." Davis, M.: "Tell me. What role will the State Board of…"
"We'll give you another minute…" Davis, M.: "Thank… thanks."
"…to continue your conversation." Mitchell, J.: "The state board is neutral on this simply because of what we discussed earlier." Davis, M.: "No. What role will they play? Will they play…" Mitchell, J.: "Their role simply will be as a conduit to school districts to disseminate this information…" Davis, M.: "And to hold conferences and so forth?" Mitchell, J.: "Correct." 09700161.doc 14 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 Davis, M.: "To the Bill, Mr. Speaker. We have a number of children today who are being abused or molested who are fearful of telling anyone what is going on. Many times, if something doesn't come up in school, it's not known until it's really too late to help and protect that child. Because Jerry has always been opposed to mandates, I had to question his sincerity. But I believe he realizes there are times in the State of Illinois as information becomes available and as times change… for example, a number of children in foster care, that we need mandates many times to protect our children. I urge an 'aye' vote."
"Representative Camille Lilly. Representative Lilly."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative Mitchell, just want to get a little clarification, hopefully, on the mandate. The mandate expands the board's ability to review the curriculums through their comprehensive sex ed programs that are already there. Is that right?" Mitchell, J.: "That's correct."
"The part of age appropriate which you added really gives a sensi… brings a sensitivity point to this type of legislation. Am I correct?" Mitchell, J.: "That's correct. And we wanted to make sure that age-appropriate material was available. We certainly don't want to… to take the place of parents and how they interact with their children in this regard. And we hope to God that every single parent has this discussion with their small 09700161.doc 15 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 children because they're the first line of defense. But I think the school districts, with age-appropriate material, could also be a line of defense."
"And the board has to approve this type of curriculum. Is that correct?" Mitchell, J.: "The board through their experts in the classroom and their recommendations would certainly put their seal of approval on whatever material is used. Nothing… the state board has no authority to impose any curriculum on a particular school district at this point."
"Thank you. To the Bill. This is good legislation. It's a change in how we do what we do to educate our future, which is our children, but it does address the issue that many of our family members' friends are dealing with. Sexual assault changes lives. And with this type of legislation, it gives the education, the access to information that can inform any one of our students and their family members of how to protect themselves. This legislation coupled with legislation like SB3027 can change a family. We need to take a moment to think about how this is important to ourselves and our family. I commend Representative Mitchell for his vision in making sure that we are doing things different and better for the children in our communities. The young lady, Miss Erin who spoke on yesterday had a wonderful expression of the voice of children, the voice of people who are victims to this type of crime. We need to be able to listen to those voices having an opportunity through the education and the training and being exposed to the information. We need to 09700161.doc 16 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 hear those voices as Legislators. Thank you, Mr… Representative Mitchell for bringing this information forth and this information can couple with comprehensive sex ed while it deals with age-appropriateness. Board approval expansion to existing curriculum will make a difference in our communities, in our state and in the families of everyone that we serve here in the State of Illinois. I stand to support this legislation."
"Representative Chapa LaVia."
"Thank you, Speaker. Can I ask a question of the Sponsor?"
"He'll take your question, Representative."
"Representative, Minority chair, who I love, is this your last Bill for your history of your tenure here in the General Assembly? I want to… I want to say it's been an honor to work with you and I know this is a very difficult Bill with… for you and it's the right Bill to do. But I also want everybody to listen to what Representative Lilly said also. Things change, attitudes change, societal issues change and we are not coming up with the times to train our children and teach them that they can say no. They know how to stop, drop and roll. They know stain… train… stran… stranger danger. Could you please have the House settle down, Speaker, please?"
"Anything for you, Linda. Shhh."
"Thanks."
"Ladies and Gentlemen, can we bring the noise level down. It's the first hour on the floor. The noise level traditionally is very high. Shhh." 09700161.doc 17 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012
"Thank you, Speaker. Thank you, Members. 'Cause this is a really… a turning point. This is a crossroad in education and the way we look at education and not being so analytical but emotional about issues. In my committee, this ran out of there with a unanimous vote on leave." Mitchell, J.: "Thank you."
"And when I asked Members to raise their hand on who in our committee was affected by sexual abuse, if they knew somebody in their family or they knew their children or knew somebody that happened to as a child, the majority of my committee Members raised their hands. They raised their hands. Sexual abuse is happening rabidly throughout this country and it didn't come overnight. It's been here for generations, but we've been quiet and silent about it. And we've ruined quite a few generations because once that gets into a system it goes into the next generation. So, not only is…"
"Linda, we'll give you another minute."
"Thank you, Speaker. Not only am I proud to stand up on this House Floor and vote for this and thank Erin and Danny for all the work that they've done throughout the United States on this Bill because she lives in our state, but she's been everywhere else trying to pass this. I'm very proud of her and her parents should be too. But you need to listen to Representative Lilly. You need to listen to Representative Dunkin on other things that we can all work together because it's not always about books and reading and writing. The emotional and social issues of our 09700161.doc 18 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 children are extremely important. And I stand in favor and hope that it gets out of here unanimously. Thank you."
"Representative Don Moffitt."
"Will the Sponsor yield?"
Speaker Lyons: "Gentleman awaits your questions, Representative."
"Representative, you somewhat addressed this on a previous question, but I just wanted to make sure that… that I have correct information. When the reference in here is age-appropriate and it certainly is something that sounds like we would want, but that is decided at the local level what is age-appropriate. Is that correct?" Mitchell, J.: "That's correct. All those kind of decisions will be left up to the local school district, the local school boards. What the committee… their intention was to make sure that they were an aid and abetting those districts that need some help and some guidance. Again, there are many districts that already have partnered with the YWCA, with… with ICASA, with Shining Star. With many of the adolescent, with the small children advocacy groups and we don't want to do anything that would change that good relationship."
"And you said materials are available the… at free of cost. I believe that this is not a unfunded… unfunded mandate. Would that be correct?" Mitchell, J.: "There will be plenty of free materials for districts to use. There will be some programs… entire programs that cost something. I have no idea. They're not extremely expensive, but that's up to the school district." 09700161.doc 19 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012
"Okay." Mitchell, J.: "If they don't want to spend that money, we… the state board will make sure that there is… there are good, professional material available for them, if they choose not to purchase a… a program of some type."
"Okay. One final question, oftentimes on a program of this nature where there's been some concern, there's an opt out option for parents. Is that part of it or not where they could…" Mitchell, J.: "There is no opt out provision in this Bill. Certainly nothing stops a district from and since they are in charge of the curriculum from doing that district by district."
"Thank you for your response."
"Representative Senger."
"Thank you, Mr. Speaker. Representative, to the Bill. I want… I want everybody to listen to this. This is pretty important."
"Ladies and Gentlemen, again, can we bring the noise level on the floor down, shhh."
"Yeah. Thank you. To… to this Bill. I want to… I want to share with you some of the statements that were made by the young lady in front of our committee yesterday. She was molested beginning at the age of five years old by a… someone she knew, a stranger. And her comments were, and this is so much the case, that she felt powerless to do anything about it. She was too young to know what to do about it; she felt powerless to do anything about it. And as she got older, she got in a dangerous situation again 09700161.doc 20 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 with a relative. Now, I'm… how many of you in the room have children? Okay. How many of you have grandchildren? The biggest statistic that was communicated yesterday had to do with the fact that one out of four children are going to be a victim of this sort of violence. So, those with children right now, I want one out of four of you to raise your hand. Your kids are going to be part of this going forward. I know that for a fact because my child has been there. This is a good Bill. This is an important Bill. This is to protect your kids in this room. I am all against mandates, but as what just was communicated this is… this is something that does not get discussed anywhere and it is real and it is true and we need to talk about it. So, it… I don't want to see anybody in this room coming back with their kids 5 to 10 years from now and saying that I wish we would have started this earlier 'cause we needed the tools in our pocket to keep this from happening again and again. I support this Bill and everyone in this room should support it. Thank you."
"We have two final speakers. Representative Soto and Will Davis, two final speakers. Representative Soto."
"Thank you, Speaker and Members of the House. I think… I stand in support of this Bill. It's a very important Bill. In my district, I've had many families come to my district to talk about this issue. It's a very important issue. I think that this is a Bill that has been long overdue. I want to thank the Sponsor for this Bill. And again, I urge my… my colleagues to support this Bill. It's a very important Bill and I don't think I have to tell you that. I 09700161.doc 21 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 think you know that. Any of us that are sitting here in the General Assembly who have children, grandchildren, like the previous speaker mentioned, it's very important whether you have nieces, nephews, name it, you know what we're talking about. Important Bill, please support it. And to the Sponsor of the Bill, thank you for all your work. It's been greatly appreciated. I know it's been a pleasure working with you and I wish you nothing but the best. God bless you."
Speaker Lyons: "Final speaker will be Representative Will Davis." Davis, W.: "Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." Davis, W.: "Representative, I've heard this said on a couple of occasions, is this a mandate?" Mitchell, J.: "Well, the answer, Representative Davis, doesn't change. This… this mandate is a mandate as an expansion of the health curriculum mandate that's already in place and been passed, but it's only for the high school, 9 through 12. This simply changes that particular mandate to one that covers primary age children, pre-K through 12." Davis, W.: "So… so, then because it was only for high schools, so now you're imposing a mandate for elementary schools that was not there." Mitchell, J.: "I think you know the answer to that." Davis, W.: "I'm asking, Sir." Mitchell, J.: "Yes." 09700161.doc 22 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 Davis, W.: "Okay. Thank you very much. So… so, it is a mandate. So, will there be costs associated with it?" Mitchell, J.: "That would be up to the school district. The cost, again, as I have already talked about, is time, not dollars unless the school district decides that. They're in charge of the curriculum. So, if they want to spend money on it, that's their prerogative." Davis, W.: "So… so, it could cost a school district money?" Mitchell, J.: "If they so choose." Davis, W.: "It… Okay. If the school district chooses. So… so, it is possible that we can support something to support and help children that may be a mandate and that may cost a school district money. That is possible that we can stand up and offer that support, correct?" Mitchell, J.: "I think the fact that I'm standing here supports that question." Davis, W.: "Okay. Well, I just want to be certain because sometimes we're not always consistent in our efforts to help children, help schools because sometimes what others want are met with the fact that it is a mandate and that it is a cost and therefore, we don't feel we should support those efforts." Mitchell, J.: "Well, Representative, that's up to the individual and there are certainly differences of opinion and there always will be on this House Floor. It's difficult for me to stand here and make a decision on something that I have not su…"
Speaker Lyons: "Jerry, you can finish your answer. So, Representative Davis one more minute." 09700161.doc 23 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 Mitchell, J.: "…not supported on many instances simply because it was a mandate, but it has to be your personal decision. If you, as an individual, decide that this is too costly, this is too much to force on a school district, then you will vote 'no'." Davis, W.: "Well, Representative, if you're right, at… I…" Mitchell, J.: "If not, you will vote 'yes'." Davis, W.: "So, as I as an individual…" Mitchell, J.: "Ma… mandates that come along, I'm only one person." Davis, W.: "Oh, absolutely." Mitchell, J.: "I could say I don't agree with that and vote 'no'… or 'yes', but the rest of the Body has a mind of their own and they decide." Davis, W.: "And you're right. It is an individual choice because I'm the person that ultimately has to press the button. So, but… so, school districts are in favor of this, I assume?" Mitchell, J.: "I beg your pardon?" Davis, W.: "School districts are in favor of this." Mitchell, J.: "You know, I really don't know. I assume that they are. The Alliance is opposed because it's a mandate, but they came to me and said, we're not even going to argue it. We're not going to talk about it because we agree with the concept; we just can't support the mandate." Davis, W.: "So… so, once again, it is possible even if the Alliance is opposed to an issue that you think is beneficial to children then we can stand up and offer that 09700161.doc 24 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 support regardless of how they feel about it. It is possible, correct?" Mitchell, J.: "Well, Representative, that's never been an issue." Davis, W.: "Okay." Mitchell, J.: "I… you know, and…" Davis, W.: "I… I just… I just wanted to get some clarity." Mitchell, J.: "I'm just one person. You know, if…" Davis, W.: "That's all. I just wanted to get some…"
"Representative Davis…" Davis, W.: "…to get some clarity."
"Representative Davis, please…" Mitchell, J.: "I… I appreciate you giving me that kind of power, but I really don't think I have it."
"…conclude your remarks." Davis, W.: "I'm… I just wanted to get some clarity on that, Mr. Speaker. Thank you very much for your time. Thank you very much."
"Representative Lilly, your name was used in debate. Do you wish to address the chamber? Representative Lilly, your name was used in debate. If you want another minute, you have it."
"There's no minute that I'm needing at this time other than this is a Bill that creates a positive change in our community and coupled with other legislation, we, in the General Assembly, can make a difference in the lives of people who are victims to sexual assault. I ask for your 'aye' vote. Thank you."
"Representative Jerry Mitchell to close." 09700161.doc 25 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 Mitchell, J.: "Thank you, Mr. Speaker. Ladies and Gentlemen, I know that many of you are looking at me and wonder where'd Jerry Mitchell go. Quite frankly, I do stand behind this legislation 100 percent simply because of the affect that it may have, hopefully, on generations to come. This is an issue that has been the elephant in the room in primary classrooms forever. We addressed it at some time years ago at the high school level, but that's after kids know who they are and feel good about themselves. We didn't address the innocence, the preschool children, the ones that get confused about Uncle Joe or Uncle Tim who tells them this is our secret. This is a fun game we will play. Ladies and Gentlemen, I feel passionately about this. I feel strongly that we need to be protectors and a line of defense. And if you're angry with Jerry Mitchell at changing his stance on mandates, sobeit, but remember, in the end, you're not voting against a guy that… that moves something forward that he usually fights against. You're… you're going to vote on something that's called the prevention of child sexual abuse. That's a tough call. But trust me, I know all of you in here and I respect you. Vote your conscience, vote for kids, vote 'yes'. Thank you, Mr. Speaker."
"Representative Jerry Mitchell moves for the passage of House Bill 6193. This Bill will require 71 votes. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Bost, Representative Feigenholtz, Jones, Morrison. Representative Morrison, you want to be recorded? 09700161.doc 26 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 Mr. Clerk, take the record. On this issue, there are 97 Members voting 'yes', 10 voting 'no', 3 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Congratulations, Representative Mitchell and thank you for your service. Leader Barbara Flynn Currie, on the bottom of page 2 of the Calendar, under Senate Bills-Second Reading, you have Senate Bill 281. What's the status on that Bill, Mr. Clerk?"
"Senate Bill 281 was read a second time on a previous day. No Committee Amendments. Floor Amendment #1, offered by Representative Currie, has been approved for consideration."
"Leader Currie, Floor Amendment #…"
"Thank you, Speaker."
"…Floor Amendment 1."
"Could we adopt the Amendment and then I'll describe the Bill on Third Reading."
"The Lady moves for the adoption of Amendment #1 to be discussed on Third Reading. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #1 is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions are filed."
"Third Reading and read the Bill."
"Senate Bill 281, a Bill for an Act concerning State Government. Third Reading of this Senate Bill."
"Leader Barbara Flynn Currie."
"Thank you, Speaker. Traditionally, the Central… the CDB has been able to reserve up to three percent of any 09700161.doc 27 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 contract it lets for administrative services. We extended the sunset on that program in the last spring Session and at the same time offered the same opportunity to the Architect of the Capitol. The Bill passed unanimously in the Senate and almost unanimously in the House. Unfortunately, the Governor signed the Bill late in the game, after the end of the sunset period and in order for this still to be relevant and effective, we have to adopt the provisions of Senate Bill 281 which will make it clear that the program is intended to continue as if uninterrupted. So, I'd be happy to answer your questions and I'd appreciate your 'aye' votes."
"You've heard the Lady's explanation. Is there any discussion? Seeing none, all those in favor of the passage of Senate Bill 281 signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mike Connelly. Senator, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 111 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 2 of the Calendar, under Senate Bills-Third Reading, Representative John Bradley has Senate Bill 3212. Read the Bill, Mr. Clerk."
"Senate Bill 3212, a Bill for an Act concerning revenue. Third Reading of this Senate Bill."
"Representative John Bradley, Senate Bill 3212."
"Thank you, Mr. Speaker. This is a Bill that's an initiative of Hamilton County. It passed out of committee 09700161.doc 28 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 unanimously. Many years ago they did a referendum. They collected a tax. They can't access that. They need to access it for 911 service in the county. They currently don't have that. And so, this would allow them, by additional referendum, to access that money going forward. I'd ask for an 'aye' vote."
"You've heard the Gentleman's explanation. Is there any discussion? The Chair recognizes the Gentleman from McHenry, Representative Jack Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I understand, I'm reading the executive summary, that Hamilton County does not provide 911 services?"
"Correct."
"Is there any thought that in the future that they may?"
"Well, if they can access this money, they're going to attempt to provide some, yes. If they can access this money that's already collected, then they may have the ability to do that."
"So, what's the problem today? 'Cause I was looking at this and it looks like my… the summary that I'm reading indicates that you're try… they're trying to use the money to pay for ambulance services?"
"No. They had a couple of ambulance services that were private. They passed this referendum years ago, collected the money. They've not been able to access it. I don't 09700161.doc 29 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 understand all the technicalities of why they weren't able to do that, but this Bill would correct that."
"Okay. So, this would help them get the 911 services that they're already paying for, they just don't have."
"Correct."
"Thank you."
"Representative David Harris." Harris, D.: "Thank you, Mr. Speaker. And to the Bill. Ladies and Gentlemen, there was a full discussion of this in committee. There was a referendum that was held. It does, however, allow the funds to be shifted from… from the ambulance service to the 911 service which we felt was a reasonable… reasonable movement of those dollars so that 911 service could be provided across the county. It is very specific just to that one county. I can encourage a 'yes' vote."
"Representative Don Moffitt."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, this legislation in no way raises any tax or fee. It's simply accessing money that was already approved by referendum. Is that correct?"
"Yeah. They passed this referendum years ago and it requires another referendum to do this. So, even if we pass this legislation, they're going to have to act again."
"So, the voters obviously gave their approval for the…"
"Yeah." 09700161.doc 30 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012
"You're just changing the… it's still an emergency purpose that you're establishing…"
"Correct."
"…that you want to use it for."
"Correct. The money's sat in there and the account has been, I think, for 25 or 30 years and they've not been able to get to it."
"Locally, I assume, there's no opposition that…"
"Well, the locals brought this to me and ask… were in a desperate situation and asked if we could move on it quickly."
"And this… your hope is… would establish 911 service."
"That is the hope."
"Well, how many… what's the level… well, how many dollars are we talking that's been there for 20 or 25…"
"Oh, they've got about 300 thousand in an account that's been setting there for years."
"It seems like… I'm surprised it hasn't been accessed before, but thank you for your response."
"Representative Bradley to close."
"Ask for an 'aye' vote."
Speaker Lyons: "The question is, 'Should Senate Bill 3212 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. This will require 71 votes. Have all voted who wish? Have all voted who wish? Have all voted who wish? Bellock, Leitch, Jerry Mitchell, like to be recorded? Leader Leitch, Jerry Mitchell, back row. Mr. Clerk, take the record. On this Bill, there's 103 Members voting 'yes', 6 Members voting 'no', 1 Member 09700161.doc 31 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk."
"Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules reports the following committee action taken on December 05, 2012: a Motion to Concur on Senate Amendment #1 to House Bill 4866 is recommends be adopted."
"Representative Chapin Rose, for what purpose do you seek recognition, Sir?"
"For a point of personal privilege on House Resolution 1304, if I may."
"Please proceed, Representative."
"Thank you, Mr. Speaker. In the gallery today I have a young gentleman named Ryan Pearce and Mr. Pearce, if you'd stand, please. Everybody, if we can get your just quick attention. In 2008 Ryan Pearce, who stands here in the gallery, won the 200 meter dash while he was still in the seventh grade at the 7A state track meet. He's from Villa Grove High School now and…"
Speaker Lyons: "Chapin, Chapin, one second. Ladies and Gentlemen, can we please bring the noise level down on the House Floor. Thank you very much. Representative Rose."
"Thank you very much, Mr. Speaker. Ladies and Gentlemen, the young man in the gallery, Ryan Pearce, two of his parents, Craig and Tammy Pearce from Villa Grove, Illinois. He's an outstanding athlete and if you listen to the accolades here, it's pretty impressive. As a seventh grader, he won the 200 meter dash, shot put and discus 09700161.doc 32 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 events in the 7A state track meet. Going into high school, he competed in both the shot and discus events and finished tenth overall as a freshman in high school at the state tournament. Moving on in his career, in his junior year, he placed second in shot and became the state champion as a junior in the discus event. Later that summer, he placed eighteenth in the country… eighteenth in the country in shot and eleventh in the country in the overall and discus event at the 2012 USATF National Junior Olympics, so from Villa Grove, Illinois, as a junior in high school, eighteenth and eleventh overall in the entire country. This past fall, Mr. Pearce scored eight touchdowns in one game setting the IHSA single game record of 48 points which has been held since 1955. So, he'll be completing his senior year at Villa Grove High School and of course, be going back into track this summer… excuse me… this spring. And I guess, we just want to recognize him and welcome him and his parents, Craig and Tammy and wish him the very best as he's a model of hard work and dedication and he's a true joy for the people of the State of Illinois. Please join me in welcoming and wishing him the best."
"Congratulations, Ryan. We're all very proud of you. Representative Rose."
"Mr. Speaker, we were very proud yesterday to hear that the NIU folks are on their way to the Orange Bowl. As a loyal Illini, after hearing eight touchdowns, we could certainly lose… use some help at the Fighting Illini team up the way from you, Ryan. So, hopefully, we'll see you up there some day." 09700161.doc 33 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012
"Mr. Clerk, Ladies and Gentlemen, on page 4 of the Calendar, under the Order of Concurrences, Representative Lilly, you have House Bill 1864. Representative Lilly."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the General Assembly. I rise to present Senate Committee Amendment #1 to House Bill 1867. The Amendment changes the effective date from July 1, 2012 to July 1, 2013. This is a technical change because the Bill was held in the Senate for over a year. A line was added to clarify the required tuition levels in the post formula stipulation. If there's no questions at this time, I ask for your 'aye' vote."
"You've heard the Lady's explanation. Is there any discussion? Seeing none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 1864?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Bellock, Brady, David Leitch, Tryon, Mike Unes, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 94 Members voting 'yes', 14 Members voting 'no', 1 Member voting 'present'. And the House does concur with Amendment #1 to House Bill 1864. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Bob Rita, on page 3 of the Calendar, under Senate Bills-Second Reading, you have Senate Bill 3573. What's the status on that Bill, Mr. Clerk?" 09700161.doc 34 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012
"Senate Bill 3573, it was read a second time on a previous day. Amendment #2 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading and read the Bill."
"Senate Bill 3573, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
"The Gentleman from Cook, Representative Bob Rita."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, this is just an extension of a program that is in place already to extend the sunset to January 2016. It's coming up this January 10."
"You've heard the Gentleman's explanation. Is there any discussion? The Chair recognizes the Gentleman from DuPage, Representative Dennis Reboletti."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, what… what type of tax is this?"
"This is a program that was put in place prior to me coming to the General Assembly. And it's a tax on methane gas with… the landfills that sell methane gas for electricity. And it's a .0006 of a kilowatt. It goes into a fund for an economic distressed community and this is an initiative of the Village of Robbins which I represent. They currently have this program. We're just going to extend it for another three years."
"How much money will that tax raise?"
"What was that?"
"How much money will it raise, the tax?" 09700161.doc 35 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012
"They have a cap… we have a cap on it that would not exceed 500 thousand, but it's generally around 300 thousand. And it's… it's an excise tax to…"
"And what would the revenue be used for?"
"It's… it's used for operations for the Village of Robbins. Also, we amended it a few years back to help clean up the town with dilapidated and blighted homes and vacant lots that are owned by the village to help clean up the… the village."
"Thank you."
"Representative David Harris." Harris, D.: "Thank you, Mr. Speaker. A question of the Sponsor?"
"Gentleman awaits your question, Sir." Harris, D.: "Representative, I know that you weren't in committee. The chairman carried this Bill for you in committee and just a couple of questions came up. This refers to a electric generation waste… electric generation plant from waste facilities, correct?"
"Yes." Harris, D.: "And how many… is there another plant like this in the State of Illinois, do you know?"
"I'm not aware of that. I don't believe so." Harris, D.: "I think your staff is going to tell you soon."
"So… so, what we're talking about here is facilities that use methane, not incinerators." Harris, D.: "Understand."
"Is that… is that…" Harris, D.: "Is there another methane facility that gen…" 09700161.doc 36 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012
"There's… there's a number of them throughout the state." Harris, D.: "And do they all have this excise tax applicable?"
"They did at one time." Harris, D.: "So…"
"See there was a… it was a tie to some…" Harris, D.: "Okay."
"…required contracts through the ICC to… to purchase electricity, at one time there were." Harris, D.: "And so, the tax… the tax…"
"It's a fund that is sort of kind of been diminishing." Harris, D.: "…this excise tax came into… came into effect when, do you know?"
"In the '90s." Harris, D.: "Okay. So, it's been in place…"
"Actually, it's actually 1999." Harris, D.: "Okay."
"When they…" Harris, D.: "So, it's been in place for quite some time."
"Yes. And what we're…" Harris, D.: "And we're extending it for three years…"
"…what we're doing is…" Harris, D.: "…to help just the community of Robbins, correct?"
"Yes. And what's hap…" Harris, D.: "Which is… which is one of the poorest communities in the… in the county of Cook."
"You're exactly correct." Harris, D.: "Okay."
"And… and…" 09700161.doc 37 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 Harris, D.: "Okay. And the Bill received very favorable consideration in the… in the Revenue Committee and I think, hopefully, will receive the same consideration from the House. And I would encourage a 'yes' vote."
"Representative Rita to close."
"Just ask everybody for a favorable vote."
"The question is, 'Should House… Senate Bill 3573 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Ford, Golar, Jackson, Penny, Pritchard. Mr. Clerk, take the record. On this Bill, there are 63 Members voting 'yes', 44 Members voting 'no', 3 Members voting 'present'. This Bill, having received the Constitutional Majority… Representative, this Bill requires 71 votes. Representative, you want to put this on Postponed? Mr. Clerk, put this Bill…"
"Postponed."
Speaker Lyons: "…on the Order of Postponed Consideration. Representative Chapa LaVia, for what purpose do you seek recognition, Representative?"
"Thank you… thank you, Speaker. There are two things, if I can. Yesterday I wanted to be recorded as a 'yes' for Senate Bill 681 and I was recorded as a 'no'. So, if the record can reflect."
"The Journal will reflect your request."
"And then, second, I'd like the General Assembly to know that our… one of our old colleagues, Susana Mendoza, had a baby yesterday, 8 pounds 10 ounces. Baby's 09700161.doc 38 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 beautiful, baby boy, mother and baby are doing fine. So, I just wanted to let everybody know."
"You've been up there. Congratulations. Leader Dan Burke. Representative Burke, on page 3 of the Calendar, Dan, you have Senate Bill 1280, under Senate Bills-Second Reading. What's the status on that Bill, Mr. Clerk?"
"Senate Bill 1280 was read a second time on a previous day. Amendment #2 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. And read the Bill, Mr. Clerk."
"Senate Bill 1280, a Bill for an Act concerning finance. Third Reading of this Senate Bill."
"Leader Dan Burke." Burke, D.: "Thank you, Mr. Speaker and Ladies… And I apologize for the delay. Very simply, this Bill would replace everything in the previous Bill and would amend the state budget law, require the Governor to submit a state budget not later than the first Wednesday in March in 2013, March 6, 2013. And this would be effective immediately. I'd be happy to answer any questions."
"Representative Jack Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Why does the Governor need more time?" Burke, D.: "I could be facetious and say, why do you think?"
"I just don't know why we need to change the law for him. We did it last year. We extended it an extra three weeks and quite frankly, I didn't think it was worth the extra time to wait. It just put us behind the eight ball. 09700161.doc 39 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 Where the Governor typically gives the address the third week of February, correct, or the second week of February?" Burke, D.: "That is right."
"Who asked you to carry this Bill? Did the Governor's Office ask you?" Burke, D.: "Yes."
"And do we have any reason why he's asked for additional time? I'm not being facetious. I'd like to know why he believes he can't get his job done… done in the statutorily prescribed time." Burke, D.: "Representative Franks, you understand. You've been here long enough to know that each Executive Officer on occasion would ask for the consideration of this Body to extend dates to give them additional time to prepare for probably what is the most insurmountable challenge that the state has confronted in its history. So, I, for one, would say, Governor, yes, we would deign to give you this few extra weeks to prepare for probably one of the most important addresses that you'll have to make in your life."
"Well, I appreciate that, Representative. I don't want to belabor it. And Mr. Speaker, to the Bill. And I appreciate what my friend's trying to do. But it just seems to me it wouldn't be another day in the General Assembly without us being charged with solving the messes created by the Governor. The other day the Governor had unilaterally announced plans to shutter several downstate prisons without a clear path forward. And now we're stuck determining whether we're going to be dealing with 09700161.doc 40 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 nonbinding legislation to address that problem. And over and over…"
"I'll give you one minute, Jack."
"Okay. The General Assembly has been turned into the Governor's personal repair team and under this Governor, we continue to get subsidies to businesses firing workers while at the same time making drastic and draconian cuts to services to the elderly and the impoverished. From Navistar to Motorola to Sears, our sta… our state's handing out sweetheart deals left and right all the while hiking taxes on working families that can least afford it. And what happens when the General Assembly asks the Governor to justify for these incentive packages, he continually refuses to even the most basic transparency standards. Now, I don't know if you saw the New York Times this weekend, Mr. Speaker, but they tagged Illinois incentive program at costing more than $1.5 billion a year which is five percent of the state budget. A figure that eclipses all the revenue that was generated by the tax hikes on our businesses. Now, not only have these tax hikes and these incentives proved ineffective, they are politically corrupting and they're in… they're ineffective economic development strategy."
"Representative Franks, conclude your remarks, please."
"I'm going to vote 'no'. I'm going to ask all of you to vote 'no'. I have a lot more to say on this subject, but I'm sick and tired of fixing the Governor's problems."
"Representative Pritchard, two minutes." 09700161.doc 41 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012
"Thank you, Mr. Speaker. To the Bill. Ladies and Gentlemen, we've been asked before to extend the presentation of the budget to this chamber and we've experienced a lot of hardship, if you will, in trying to crunch those numbers and to come up with our budgets in an appropriate, negotiated fashion through committees. Two weeks is only 14 days, but it is two weeks that's going to make our job even more difficult this next year. We've not been given any reason for the delay in presenting that budget. Granted, it can be a courtesy to the Governor's Office, but this is a pattern of delay. And I think without justification for why we have to wait, we should not extend that time period casually. I think it's time that we start following our Constitution, living up to the dates that are in it for presenting the budget and allowing this chamber to do its work in a timely fashion."
"Leader Brady. Two minutes, Dan."
"To the Bill, Mr. Speaker. Yesterday, as I brought up in Executive Committee and to this Body, for whatever the reason the Governor has not delivered his budget address on the statutory mandated time since he's been in office and whatever those reasons are, that's the Governor's choice to have to explain those. But I think it's time and I hope this Body will look at this and others will join me, I think it's time we just look at eliminating this provision in the statute and let the Governor in the future, he or she, just determine the date that the budget address is going to be given. Thank you."
"Representative Bellock. Two minutes, Patti." 09700161.doc 42 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012
"Thank you very much, Mr. Speaker. To the Bill. My concern is over the budget process itself and the Governor, you know, not getting the extension whether he gets it or not, that the budget process be done right and that the appropriations be done right. The appropriation chairs have been sitting through meetings on the supplemental which is almost a billion dollars that they're asking for. So, whether we do it at the time date or two weeks later, I'm requesting that we have a serious appropriation and that the budget be done right to help us get out of the fiscal crisis that we've been in, in the state. Thank you."
"Representative Ken Dunkin. Two minutes, Ken."
"Thank you, Mr. Speaker. Ladies and Gentlemen, this Bill is pretty simple. It's very straightforward. He's asking for additional time to get the numbers right. What's the big deal? We've had ample discussion over the years to try to deal with our pension issue and guess what, we have not voted on one Bill here in this chamber to address that particular issue. Well, the Governor needs more time for this issue, to get the numbers right, to take his time, to be deliberative, to be exact. That's not a big issue. As an appropriation chair, I would rather have the Governor give me accurate numbers to the greatest to their ability as possible. There's nothing wrong with… and a little bit of more extra time to do the right thing. Ladies and Gentlemen, this is pretty straightforward. It's been done before; it's not going to kill us. Let's give our Governor, who is in charge of the fiscal responsibility and health of this state, as we are, a little bit more time to do what he 09700161.doc 43 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 needs to do successfully. I would urge an 'aye' vote. Thank you."
"Representative Keith Farnham."
"Mr. Speaker, I'd like to allow Jack Franks two minutes of my time."
"Gee, thanks, Keith. We really appreciate that, Keith. All right, Jack, you're getting two minutes, Representative."
"It's all I need. As I was saying, after we talked about the ineffective money we'd be giving to these corporations, let's talk about the privatization of the lottery manage… management."
"Representative Burke." Burke, D.: "Mr. Speaker, take this record… take this Bill out of the record."
"Take the Bill out of the record, Mr. Clerk. And now for something completely different, on page 3 of the Calendar, Mr. Clerk, under Senate Bills-Second Reading, we have Senate Bill 3233. What's the status on that Bill, Mr. Clerk?"
"Senate Bill 3233 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."
"Leader Barbara Flynn Currie, I believe you're going to be addressing Floor Amendment #2 to Senate Bill 3233. Majority Leader Currie."
"Thank you, Speaker, Members of the House. Can we adopt the Amendments and then describe the Bill on Third?" 09700161.doc 44 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012
"Lady moves for the adoption of the Amendment. Is there any objection? Seeing none, all those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair… in the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"
"Floor Amendment #3 offered… has been approved for consideration."
"Leader Currie on Floor Amendment #3."
"Thank you, again, Speaker. If we could adopt the Amendment, I'll describe the Bill on Third Reading."
"Lady move… moves to the… for the adoption of Floor Amendment #3. Seeing no objection, all those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #3 is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading and read the Bill."
"Senate Bill 3233, a Bill for an Act concerning insurance. Third Reading of this Senate Bill."
"Leader Barbara Flynn Currie, Senate Bill 3233 as amended."
"Excuse me. Can I… just for one minute. There's a question whether we should not have adopted Amendment 2. So… so, my question would be, could… Staff tells me that we should move the Bill back to Second Reading and… his preference would be that we…"
"Leader Barbara Flynn Currie." 09700161.doc 45 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012
"Thank you very much, Mr. Speaker and Members of the House. This is a language that clarifies that the combination of deductibles and copays for an HMO no longer would reflect what we have had in the past. The idea is that all the plans on the new… newly formed health exchange, whether run by the Federal Government or run by the state, that all plans should be on an equal playing field… a level playing field and this legislation would exactly make sure that happens in Illinois. Under the third Amendment, the plans would not be able to charge higher copays, a higher deductibles than it is appropriate under the federal statutes governing the new Affordable Care Act. So, I'd appreciate your support. I… as far as I know, there is no opposition to this measure and the health insurance groups are all in favor."
"You've heard the Lady's explanation on Senate Bill 3233. Is there any discussion? Seeing none, the question is, 'Should Senate Bill 3233 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? This does require 71 votes. All those who… have voted who wish? Have all voted who wish? Brauer, Hays, Kosel, Ramey, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 84 Members voting 'yes', 27 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Barbara Flynn Currie, do not sit down. On page 3 of the Calendar, under Senate Bills-Second Reading, you have Senate Bill 3498. What's the status on that Bill, Mr. Clerk?" 09700161.doc 46 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012
"Senate Bill 3498 was read a second time on a previous day. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Read the Bill, Mr. Clerk."
"Senate Bill 3498, a Bill for an Act concerning State Government. Second Reading of this… or Third Reading of this Senate Bill."
"Leader Barbara Flynn Currie."
"Thank you, Speaker, Members of the House. This delays for six months a prohibition, a death date, a deadline after which grants cannot be awarded by the Comptroller for various state agencies. We had a hard time after passage of this Bill, almost two years ago, identifying which grant lines are covered. This does not cover the prohibition, against continuing to offer grants, does not cover things like those grants that are in a formula, for example, the school aid formula, for purchase of care, for named projects, but it does cover very many activities that our agencies contract with. And the problem that we had… the Comptroller had was identifying which are the contracts covered… which grants are covered by this Act and which are not. If we do not delay, if we do not defer the death date, then IDOT fears it's not going to be able to continue work on many of the projects that it's currently undertaking. Water conservation grants will be eliminated and all manner of grants to community organizations that provide services to children through DCFS or substance abuse programs for our constituents will find themselves on the chopping block. Working with the Comptroller, who strongly favors 09700161.doc 47 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 this Bill, we have established a system wherein we believe we've identified the universe of grants that are at stake and we will make sure during the appropriations process that agencies respond to the question, is this grant effective or is it not? We will do that during the spring Session so that by the time we finish making our budgets we will have been able to respond to the question which grants ought to be continued and which grants not. So, I'd appreciate your support. I don't want to find that IDOT can't continue to provide the services it's providing or that community care providers are suddenly out of business as of January 1. I want a careful orderly process working with the Comptroller and state agencies to make sure that we are… are doing grants in an efficient, effective and responsible fashion. I'd be happy to answer your questions. And I'd appreciate your 'yes' vote."
"Leader Currie moves for the passage of Senate Bill 3498. The Chair recognizes Representative Barickman."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Leader, I know that yesterday we had a number of questions from a… a number of the Members on committee regarding this delay measure anticipated here by this legislation. Can you explain to the Body why we… I understand your reasoning of why you think we need to delay this, that being that there are a number of grants that will not be fulfilled if we don't delay this. Can you explain to me though why this legislation, that was enacted 09700161.doc 48 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 nearly two years ago, has not been complied with to date by the state agencies and the Governor's administration?"
"The Comptroller and we, in the Legislature, have been working together with the agencies first to identify what grants are subject to this provision. The original legislation did not cover all grants. It didn't cover all the money the state spends whether with local school districts or other purchase of care, for example, Medicaid payments. So, partly the effort, since the legislation didn't specify each and every grant that was subject to the sunset provision, it has taken significant time and significant work from the Comptroller, from the agencies and from the appropriation staff on both sides of the aisle in each chamber to make sure we know what the universe is. So, that has taken time and now we think we know the universe and we want the agencies to come forward and tell us what they have done to decide whether a grant was effective, efficient and reasonable and that can happen during this spring Session. My guess is we're going to find ourselves needing to cut the budget as we prepare for fiscal '14 during the spring Session and one question will be where to make those cuts. So, the agencies and the community providers…"
Speaker Lyons: "Continue, Leader. We'll give you another minute."
"…the people with whom IDOT and the EPA work, are going to have to justify themselves." 09700161.doc 49 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012
"Okay. So, in short, your answer is two years later we now supposedly have a list of the grants that are actually affected by this?"
"We believe, working with the Comptroller, that we do."
"Is that a list that can be provided to us so that we can know what we're voting on here tonight… today?"
"Yeah. Yeah, we believe we have that. I don't know if… Can you provide that to Mr. Barickman, right now?"
"I believe that was requested out of the committee yesterday."
"Yeah."
"I look forward to that list. Can you tell the Body what type of dollars are being affected by this vote?"
"Many millions. I do not have a total dollar amount."
"Tens of millions, hundreds of millions."
"Certainly, tens of millions and I wouldn't be surprised if we're talking a hundred million or more."
"Okay. So, in summed, here we are two years later. We ask for certain information from state agencies. Nearly two years later, we are told that our opportunity is to basically punt on yet another financial issue that will affect potentially hundred or hundreds of millions of dollars because our state agencies have not complied with the request that we, as a Body, made nearly two years ago. I be…"
"Part of the problem was they didn't know initially because the initial legislation didn't clarify which grants were subject to the sunset provision. If the agency doesn't know what grants we're talking about, they have a very hard 09700161.doc 50 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 time complying. Thank goodness we've been able to work with the Comptroller to identify the universe that is subject to the sunset provision so the ag… so the agencies now know what it is they're supposed to be talking about. And remember if this Bill does not pass, it's not the agencies that will take a hit. It's the local providers of service whether it's the contractors on the road projects or the people who are operating the water conversation grants, the people who are providing services to children through the Department of Children and Family Services. Those are the agencies that are going to be left in the lurch not the state agency which offers those grants."
"Right. So, again, though I understand. It's… it's a total doomsday scenario for State Government, if we do not delay this action for… is it six months? Is that what you're requesting the delay be?"
"Not for the whole of State Government. But I'll tell you, I just ran into… I think it was Carle Clinic outside the corridor… and they're very anxious that this Bill pass because they don't want to find themselves without the opportunity to continue providing services to the state's clients through their medical program."
"Well, I…"
"Representative Barickman, I've extended your time. If you could conclude your remarks, we'd appreciate it."
"Sure. Let me ask one last question before I conclude, but again, Madam Leader, that your request is that, here we are two years later after we made a request 09700161.doc 51 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 of our state agencies, two years later we supposedly know the list of grants that are affected, none of us unfortunately have seen that list, we know that this decision will affect at least a hundred million dollars by your terms and you're telling us that two years later we've figured out what the list is but now we need six more months to figure how to determine whether to provide our oversight, as a Body, to this decision that's going to cost our state a hundred million dollars or more."
"Yeah. I would just say this. Yeah, the options are two. Either we make this determination in a reasonable, sensible fashion or we just say to all of these… all of these agencies, not our agencies, but the people out in the community, either… either we say let's defer for six months or we say to them drop dead. Now, I personally think that we are in a better situation if we say let's use the appropriations process now that we know the universe to make sensible, informed decisions about which grants to continue and which not."
"Here…"
"And it looks to me from the Comptroller's Office as if we're talking, oh, it looks like $5 billion. My estimate of a hundred million was certainly off the mark."
"Okay. So… so, again, our decision here…"
"Representative, this is your last question, Sir."
"Sure, sure. Our decision here affects… is a $5 billion decision that this Body is about to make…"
"That's right." 09700161.doc 52 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012
"…on information that we requested two years ago for which you've said we have now supposedly been able to accumulate and we are…"
"Oh, right, right."
"…now, in your words, in a drop-dead situation. Madam Leader, are you willing to work with our side on the aisle on a reasonable compromise, the compromise I suggested to you in committee yesterday, which is that we do not delay this decision until June 30. We don't delay this decision until after the spring Session. We don't delay this decision until after the next budgeting process. And we meet in the middle like common reasonable Parties and people should and instead of extending the decision until June 30, why not meet in the middle. Why not meet at February 1, why not meet at March 1? Work with us, Madam Leader, on a reasonable compromise so that the Legislature does not delay a $5 billion…"
"What is this February?"
"…decision and fail to account for the oversight required on critical state dollars. Five billion dollars…"
"Representative Barickman…"
"Here's my… here's…"
"…I've extended you…"
"I'll conclude."
"…three times, Sir."
"I will conclude. Here's my problem. This legislation was passed several years ago as the result of a grant given by Governor Blagojevich to the historic Pilgrim Baptist Church. It was a million dollar grant. Then, 09700161.doc 53 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 Attorney General Madigan determined that grant was given improperly. There was an investigation. The million dollars that went out on that grant resulted in $89 thousand coming back to the taxpayers when we figured out it was done wrong. All of us agreed that there needs to be oversight on these grants. What I've asked Madam Leader to do is work with us and provide these details during next year's budgeting process…"
"Okay."
"…and not thereafter. I ask for a 'no' vote on this."
"Representative Currie to close."
"Thank you, Speaker, and Members of the House. We're talking about $5 billion in grants and let me just tell you a few of the agencies: Transportation has at stake 1.4 billion, the Environmental Protection Agency, 636 million, the Emergency Management Agency, 288 million. And this is… this is real money. The reality is, if we want to do it right, we need to start in January and we need to finish as we finish the budgets toward the end of May. I don't think we want, as a Body, to say drop dead to these 26 thousand entities, 26 thousand entities that are providing services to our clients and to the state itself without a careful, rational look at what is going on. And I do not believe we can get the information to make those sound decisions unless we do it during the budget process during the appropriations process this spring. I urge your 'yes' vote." 09700161.doc 54 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012
"Leader Currie moves for the passage of Senate Bill 3498. This will require 71 votes. The question is, 'Should Senate Bill 3498 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Bellock, Bost, Mussman, Rita. Bob Rita, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there are 97 Members voting 'yes', 14 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Dennis Reboletti, you have House Resolution 1331. Mr. Clerk. 1331, Mr. Clerk."
"House Resolution 1331, offered by Representative Reboletti. WHEREAS, The members of the Illinois House of Representatives wish to congratulate the members of the Elmhurst York boys cross country team on the occasion of winning the IHSA Class 3A State championship; and WHEREAS, The Elmhurst York boys cross country teams have broken State and national records, with 28 1st place State titles, 12 2nd place titles, and 4 3rd place titles; this year's victory marks the 28th State title for Elmhurst York; and WHEREAS, The members of the Elmhurst York boys cross country team are Scott Milling, Alex Mimlitz, Kyle Mattes, Alex Bashqawi, Chris May, Jack Libert, Matt Plowman, Zack Herrera, Conner York, Julian Cuyeu, Jeff Nosek, Jon May, Nathan Mroz, Jeremy Damer, and Nathan Dale; the team's 09700161.doc 55 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 managers are Brian Baker, Will Rehling, Shawn John, Teague Hagan, and Stephen Koch; the team's head coach is Joe Newton, US Olympic Team coach for track and field in 1988, and the assistant coaches are Jim Hedman, John Marinier, Nick Steele, and Stan Reddel; and WHEREAS, The members of the Elmhurst York boys cross country team serve as models of hard work, integrity, and dedication for the people of the State of Illinois; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the members of the Elmhurst York boys cross country team on the occasion of winning the IHSA Class 3A State championship and wish them continued success and happiness in the future; and be it further RESOLVED, That suitable copies of this resolution be presented to the Elmhurst York boys cross country team as a symbol of our esteem and respect."
"Representative Dennis Reboletti."
"Thank you, Mr. Speaker. And in the Speaker's Gallery, the Elmhurst York Boys Cross Country team is here. For those of you who have been here for a while, you've… this is their annual pilgrimage here. They are here almost every year winning a state championship. They won state championships when I went to the high school and graduated in 1986 with Coach Newton who was my freshman gym teacher. These young men are the finest that we have in the state not only in athletics but in education and for setting a good example to the rest of us of what hard work and 09700161.doc 56 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 determination can do. You will see these young men jogging around the City of Elmhurst at 4 or 5 o'clock in the morning, go to school and afterwards train for hours after that. So, it takes a lot of hard work for them to do this. They now have more championships than the New York Yankees do, Mr. Speaker. So, everybody please join me in welcoming our state champions, the York Dukes from Elmhurst cross country team."
Speaker Lyons: "Congratulations, York, on that great accomplishment. Representative Reboletti moves for the adoption of House Resolution 1331. All those in favor say 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And House Resolution 1331 is unanimously adopted. Representative Tracy."
"Thank you, Mr. Speaker. Back to Senate Bill 3233, I would like the record to reflect that I was misrecorded and I should be a 'yes' vote on that particular Bill."
"Representative, the Journal will reflect your wishes."
"Thank you."
"Leader Barbara Flynn Currie, on page 3 of the Calendar, under Senate Bills-Second Reading, you have Senate Bill 3297. What's the status on that Bill, Mr. Clerk?"
"Senate Bill 3297 was read a second time on a previous day. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading and read the Bill." 09700161.doc 57 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012
"Senate Bill 3297, a Bill for an Act concerning finance. Third Reading of this Senate Bill."
"Leader Barbara Flynn Currie."
"Thank you, Speaker and Members of the House. This is an issue in Representative Mautino's district where there is a high school that is in very poor shape and it is possible in fact that the repairs that need be made would be made under the Life, Safety, Fire and Health exemption. But the reality is, they are likely to need about $18 million. Their plan and they don't… they don't have that kind of money under their debt limit. The plan is to go to referendum this April if we approve this legislation which would give them the authorization if a referendum is successful to either significantly improve or replace… and more likely replace… the high school. I'd be happy to answer your questions. And I hope you'll join me in supporting this measure."
"You've heard the Lady's explanation on Senate Bill 3297. Is there any discussion? Seeing none, the question is, 'Should Senate Bill 3297 pass?' This will require 71 votes, the parliamentarian informs me. So, the question is, 'Should Senate Bill 3297 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Biss, Bost, Dunkin, May, Rita. Mr. Clerk, take the record. On this Bill, there are 72 Members voting 'yes', 38 Members voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. 09700161.doc 58 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 Representative Skip Saviano, on page 3 of the Calendar, under Senate Bills-Second Reading, you have Senate Bill 2936. What's the status on that Bill, Mr. Clerk?"
"Senate Bill 2936 was read a second time on a previous day. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading and read the Bill."
"Senate Bill 2936, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
"Representative Skip Saviano."
"Thank you, Mr. Speaker, Members of the House. Senate Bill 2936 is the renewal of the sunset for the nutritionists dieticians licensing. I'm just looking for the dates here. Okay. It… it renews the licensure from January 1, 2013 to January 1, 2023. This passed out of the Senate 51-0. It was unanimous in committee yesterday. And I would ask for a favorable vote."
"You've heard the Gentleman's explanation. Is there any discussion? The Chair recognizes the Gentleman from Cook, Representative Mike Zalewski."
"Thank you, Mr. Speaker. To the Bill. I know the Sponsor has worked hard on this piece of legislation. I've been limited in my engagement, but I will say this. There's been a lot of questions from Members about this particular piece of legislation and what we're doing vis-à-vis dieticians versus nutritionists. I just want the record to be clear that this Bill does nothing in my… in my belief to reduce the care that people who need medical nutritional therapy need. We are going to continue to work on the issue 09700161.doc 59 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 in the month of December and try to bring something back to the Body in the near future that ensures that, beyond a shadow of a doubt, so that everyone can be clear on what the expectations are and hopefully, bring forth some positive dialogue between the two practice areas and maybe even get some agreement on some of those areas, but this is a good piece of legislation. And I urge a strong 'aye' vote."
"Representative Greg Harris." Harris, G.: "Thank you, Mr. Speaker. Just a quick question of the Sponsor. I've had a number of folks in my community who identify themselves as health coaches come in and ask, are their concerns being addressed in this Bill as a new category of health professionals?"
"What… who were they?" Harris, G.: "Health coaches."
"Oh." Harris, G.: "And I believe there was some language in the Senate that was added that might address their…"
"Yes." Harris, G.: "Thank you."
"Representative Saviano to close."
"I would just ask for a favorable vote. Thank you."
Speaker Lyons: "The question is, 'Should Senate Bill 2936 pass?' This will require 71 votes. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Rich Morthland. Mr. Clerk, take the record. On this Bill, there's 102 Members voting 09700161.doc 60 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 'yes', 7 voting 'no', 2 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Rita. Representative Bob Rita. Mr. Clerk, on page 3 of the Calendar is Senate Bill 3573. The Chair recognizes the Gentleman from Cook, Representative Bob Rita."
"Thank… thank you, Mr. Speaker. Senate Bill 3572, we just heard. There was a little confusion on it. And what it does… what it does, what it did, what we were doing, how I said it. I'd ask for a favorable vote on this legislation that helps a community and my town Robbins."
Speaker Lyons: "Is there any discussion? Seeing none, the question is, 'Should Senate Bill 3573 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. This will require 71 votes. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Will Davis. Durkin, Dunkin, Hays. Have all voted who wish? Mr. Clerk, take the record. On this issue, there's 66 Members voting 'yes', 44 Members voting 'no', 1 Member voting 'present'. This Bill, failing to receive the Constitutional requirement, is hereby declared failed. On page 6 of the Calendar, under the Order of Resolutions, Representative Norine Hammond, you have House Joint Resolution 57. Representative Hammond."
"Thank you very much, Mr. Speaker. It is my… indeed my pleasure to present House Joint Resolution 57. This Resolution designates the West Main Street Overpass in the City of Galesburg as the Donald L. Moffitt Overpass in honor of our friend and our colleague, Don Moffitt. And 09700161.doc 61 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 this was done at the request of the City of Galesburg, the mayor, Mayor Garza and all of Don's friends and the folks that he represented for many, many years as a tribute to Don. And it's my pleasure to present this and thank you very much."
"You've heard the Lady's Motion. Representative Rose."
"This Representative Moffitt. Has Don Moffitt passed away?"
"It's my pleasure to report that Don Moffitt has not passed away. Don Moffitt is just half the man that he used to be. And you think…"
"Don Moffitt was…"
"According to Carolyn he's saved the best half."
"That's it. Very good, very good. Outstanding, Representative Moffitt. We'll look forward to resolving in favor of Representative Moffitt."
"Representative Sid Mathias, your seatmate."
"Thank you, Mr. Speaker. I think if anyone in this Assembly deserves to have something named after them in the City of Galesburg, it's my seatmate, Don Moffitt. And it is true that some of us can get things named while still alive. And in fact we were, yesterday, in the same article because of that. But if anyone here deserves it, it's certainly Don and as… as was noted, Don is… is a lot more healthy today than he's ever been and I know that he'll continue on that path. And so, it's just an honor for me. I hope that Representative Hommad… Hammond would honor me by putting me as a chief cosponsor on this Resolution. And I 09700161.doc 62 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 hope that we have unanimous support for it in our… in the… in the House."
"Speaking of experience, Representative, having a train station named after you, you know how nice it is to be recognized while we're still here. Representative Morthland."
"Thank you, Mr. Speaker. I was privileged to be present on the day that it was opened and dedicated. And one of the fascinating truths of it was that during the… during the… during the actual service, it was repeatedly mentioned that this is going to expedite emergency services and the safety of the people of Galesburg and ironically, in a sad yet happy coincidence, a man fell and broke a bone during the actual ceremony and the first vehicle across the overpass was an ambulance and it caught… it did save the time to get that man to the hospital. So, it was really good. It could not be a more deserved honor."
"Representative Hammond to close."
"Thank you, Mr. Speaker. I would just ask that everyone vote in favor of this and in honor of our colleague, Don Moffitt. Thank you."
"All those in favor of the adoption of House Joint Resolution 57 signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Connelly. Mr. Clerk, take the record. On this, there are 110 Members voting 'yes', 0 voting 'no', 1 Member voting 'present'. Don… Don. House Joint Resolution is adopted and couldn't be more deserving. 09700161.doc 63 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 Congratulations, Representative, on this honor. Continuing with Resolutions, on page 6 of the Calendar, Representative Pat Verschoore, you have House Joint Resolution 98. Representative Pat Verschoore."
"Thank you, Mr. Speaker. What this… all this Resolution does is it designates a Rock River Scenic Trail and Historic Route that goes from Wisconsin all the way down through Dixon down different vines and all the way down to Rock Island. And I'd ask for an 'aye' vote."
"You've heard the Gentleman's explanation on House Joint Resolution 98. Is there any discussion? Seeing none, all those in favor of its adoption signify by voting 'yes'; those opposed vote 'no'. The voting is adop… open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Will Davis, Ken Dunkin, Skip, like to be recorded? Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. And House Resol… Joint Resolution 98 is adopted. Michelle Mussman, on page 6 of the Calendar, you have House Resolution 1234. Representative Mussman."
"Thank you, Mr. Speaker, Members of the Assembly. House Resolution 1234 recognizes October as National Dwarfism Awareness Month in the State of Illinois and celebrates the 55th anniversary of the Little People of America, the nation's oldest and largest organization supporting those with this condition. I'd appreciate an 'aye' vote."
"You've heard the Lady's request. Is there any discussion? Seeing none, all those in favor of the adoption 09700161.doc 64 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 of House Resolution 12… 1234 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes'… in the opinion of the Chair, the 'ayes' have it. And House Resolution 1234 is adopted. On page 7 of the Calendar, Jil Tracy, on page 7 you have a Senate Joint Resolution #80. Representative Tracy."
"Thank you, Mr. Speaker. What this Resolution does is… well, as we know, the summer drought has had a catastrophic impact on our state which likewise has impacted water levels of the Mississippi River. This Joint Resolution requests the President and the Corps of Engineers exercise all available measures to remedy the genuous… the dangerous low levels of the river and keep the river channels open for important commerce transportation that is so vital for Illinois and all states situated along the Mississippi River. I request everyone to support this Resolution. And I ask for an 'aye' vote."
"You've heard the Lady's request. Is there any discussion? The Chair recognizes Representative Hammond."
"Thank you, Mr. Speaker. I would just like to let the Body know how very important this Resolution is not just to Representative Tracy's area and my area but to the economy of the State of Illinois and certainly the U.S. It not only affects the products that our agriculture industry needs, but also our coal industry and many other industries that have an interest in the economy in the State of Illinois. So, I would ask for your support. Thank you."
"Representative Tracy and Representative Hammond move for the adoption of Senate Joint Resolution 80. All 09700161.doc 65 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Senate Joint Resolution 80 is adopted. Mr. Clerk, on page 3 of the Calendar, what's the status of Senate Bill 3681?"
"Senate Bill 3681 was read a second time on a previous day. Amendment #2 was adopted in committee. Floor Amendment #3 has been approved for consideration."
"Representative Davis on Floor Amendment #3." Davis, W.: "Thank you very much, Mr. Speaker. Floor Amendment #3 is kind of a, for lack of a better word, a technical Amendment with regard to an appropriate violence prevention fund. So, this is to extend the Violence Prevention Fund. I ask for the adoption of the Amendment."
"The Gentleman moves for the adoption of Floor Amendment #3. Seeing no discussion, all those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. Floor Amendment #3 is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions are filed."
"Third Reading. And hold that Bill on the Order of Third Reading. Mr. Clerk, what's the status of Senate Bill 1297?"
"Senate Bill 1297 is on the Order of Postponed Consideration."
"Put that Bill on the Order of Second Reading. On page 4 of the Calendar, Representative Mathias, on the Order of Concurrences, you have House Bill 4866. Representative Mathias." 09700161.doc 66 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012
"Thank you, Mr. Speaker. This is House Bill 4866 which probably will be my last Bill in this august Assembly. I know, it can't be true, but it is. It basically is a technical Amendment to the Bill that we passed unanimously earlier in the year, a very important Bill for people with disabilities. It has to do with gas stations and for people who are unable because of their disability to pump gas on their own. And this Bill will mandate that a phone number must be placed on every… on at least one pump in every station. The Senate added some technical Amendments to it basically deferring the date by another six months from the date originally in the original Bill. It's also come to my attention that there were some… that there is a technical wording issue in the last sentence of the Senate Amendment. If you would look at it, you would see that the fines are supposed to be deposited into the Motor Fuel and Petroleum Standards Fund which is correctly outlined in the beginning of the paragraph and then later on it was mentioned again but they only mentioned the Motor Fuel and Standards Act. So, I just, for purposes of legislative intent, that last line should read 'the Motor Fuel and Petroleum Standards Fund'. I believe that Enrolling and Engrossing can fix this. If they can't, then I am sure someone else here will carry a trailer Bill to fix that language. But I ask for an 'aye' vote."
"The Chair recognizes the Lady from DuPage, Representative Patti Bellock."
"Thank you very much, Mr. Speaker. First of all, I want to congratulate Representative Mathias on all the hard 09700161.doc 67 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 work that he has done in the Legislature over all these years, that we will really miss him and… especially this Bill. I just wanted… to the Bill, Mr. Speaker. This Bill really helps disabled people. Representative Lindner, years ago, did the first Bill on this. But what that meant was just that disabled people would know what gas stations had some help. But what would happen is the disabled people would get to the… to the gas station and nobody would be able to help them. So, this allows them to call in and to a lot of us we don't understand how important this is. But I just spoke at something with 500 people with MS and this is one of the number one Bills that will help their quality of life. So, thank you, Representative Mathias."
Speaker Lyons: "Representative Mathias and Representative Bellock move that we shall concur with Amendment #1 to House Bill 4866. This is final action. It will require 71 votes. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Monique, Art Turner, like to be recorded? Mr. Clerk, take the record. On this Bill, there are 110 Members voting 'yes', 0 voting 'no', 0 voting 'present'. The House does concur in Senate Amendments #1 to House Bill 4866. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, we do have passed out, I believe everybody should have it by now, is the 2013 Calendar. Anybody not have one, so we make sure that everybody does have the Calendar that's available to everyone including the public. You didn't think I was going 09700161.doc 68 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 to put this on the podium and not put it on, did you? So, now, Ladies and Gentlemen, seeing no further business… He'd take it even if we adjourned. Who'd know the difference? Dan Burke." Burke, D.: "Thank you, Mr. Speaker. Just for a point of personal privilege. I hope I'm not being premature, but one of our finest staff people is going to be leaving our service very soon, Shaw Decremer. And I just wanted to suggest that, Shaw, for all the wonderful things you are and all the great things you've done for us and just the person that you are, all of our Democratic Members have offered their kind remarks in the pages of the book known as, Oh, the Places You'll Go! by Dr. Seuss. So, I hope you have many enjoyable nights of reading with Dr. Seuss and Shaw, we just want to wish you the very best of luck in your future endeavors. Thanks so much."
"Great job, Shaw. Representative Krezwick."
"Mr. Speaker, just a point of personal privilege. I would like to just wish my predecessor, whom many of you here know, former Representative Kevin McCarthy, this is his sixty-second birthday. And he's either listening or he's in the gallery somewhere. I don't know if you're here, Kevin, but I just want to wish him a happy birthday. Thank you."
Speaker Lyons: "Kevin and Devin, both of them. Thank you, Representative. Happy birthday. And now, to all of you, happy Hanukkah, happy Kwanzaa, happy holidays and for most of us, merry Christmas. We'll see you after the new year in… 2013. Have a safe trip, a safe holiday, a beautiful 09700161.doc 69 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 12/5/2012 holiday season. And now, Leader Barbara Flynn Currie moves that the House stand adjourned to the hour of 12 noon on Thursday, January 3. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And allowing perfunctory time for the Clerk, the House stands adjourned 'til 12 noon on Thursday, January 3. God bless you, everybody."
"The House Perfunctory Session will come to order. Second Reading of Senate Bills to be held on the Order of Second Reading. Senate Bill 3583, a Bill for an Act concerning regulation. Second Reading of this Senate Bill. Introduction and First Reading of House Bills. House Bill 6258, offered by Representative Nekritz, a Bill for an Act concerning public employee benefits. First Reading of this House Bill. There being no further business, the House Perfunctory Session will stand adjourned." 09700161.doc 70