"The House will be in order. Members will be in their chairs. We shall be led in prayer today by Reverend Robert Freeman, who is with Grace and Kumler United Methodist Church in Springfield, Illinois. Reverend Freeman is the guest of Representative Scherer. Members and guests are asked to refrain from starting their laptops, turn off cell phones and rise for the invocation and Pledge of Allegiance. Reverend Freeman."
"Beloved children, may we pause in our own special way that we might hear the inner voice of peace speak to us today. New every morning is Your love, great God of light, and all day long You are working for good in the world. Stir up in us a desire to serve You and humanity, that we might live peacefully with our neighbors and to devote in each day to You. Bless this solemn assembly of Representatives of the State of Illinois that they may be able to deliberate in Your power with the conviction of the people for whom they represent. Grant them the wisdom and direction that can only come from You. Pour upon them Your power to con… that they may continually stand for justice and compassion for all persons of this great state. Bless our Governor and all elected and support staff in this great, grand building, today, that their work may be done to the best of their abilities. As we stand here today, we are humbled by the strength and wisdom You have granted to our ancestors and we are waiting expectantly to see how You will make our state stronger and more compassionate for all persons, Amen." 09800020.doc 1 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013
Speaker Lang: "We'll be led in the Pledge today by Representative McAuliffe."
"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 Currie."
"Thank you, Speaker. Please let the record reflect that there are no excused absences among House Democrats today."
"Mr. Bost."
"Thank you, Mr. Speaker. It may surprise you after yesterday's brilliant full-fledged day of excitement, they all came back. So, all Republicans are present today."
Speaker Lang: "Would that include Mr. Morrison, who's not checked in yet? Okay."
"Yes."
"Mr. Clerk, please take the record. There are 118 Members present. There is a quorum. Speaker Madigan in the Chair."
"Mr. Clerk, committee reports."
"Committee Reports: Representative Verschoore, Chairperson from the Committee on Agriculture & Conservation reports the following committee action taken on February 26, 2013: do pass Short Debate is House Bill 1003. Representative Phelps, Chairperson from the Committee on Public Utilities reports the following committee action taken on February 26, 2013: do pass as amended Short Debate is House Bill 1379, House Bill 1453. Representative Chapa LaVia, Chairperson from the Committee on Elementary & 09800020.doc 2 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 Secondary Education reports the following committee action taken on March 27, 2013: do pass as amended Short Debate is House Bill 64. Representative Gabel, Chairperson from the Committee on Human Services reports the following committee action taken on February 27, 2013: do pass Short Debate is House Bill 1457. Representative Nekritz, Chairperson from the Committee on the Judiciary reports the following committee action taken on March 27, 2013: do pass Short Debate is House Bill 1022, House Bill 1346, House Bill 1443, House Bill 1458; do pass as amended Short Debate is House Bill 1017. Representative D'Amico, Chairperson from the Committee on Transportation: Vehicles & Safety reports the following committee action taken on February 27, 2013: do pass Short Debate is House Bill 198, House Bill 989, House Bill 1461, House Bill 1529, do pass as amended Short Debate is House Bill 1256. Representative Zalewski, Chairperson from the Committee on Health Care Licenses reports the following committee action taken on February 27, 2013: do pass Short Debate is House Bill 1388. Introduction of Resolutions. House Resolution 105, offered by Representative Flowers. House Resolution 106, offered by Representative Rosenthal. House Resolution 107, offered by Representative Tryon. And House Joint Resolution 22, offered by Representative Harms, is referred to Rules Committee."
"Ladies and Gentlemen, we'd ask everyone to take their seats and we'd like the staff to retire to the rear of the chamber. We have a very special guest today and we would want you to give him your utmost attention. If 09800020.doc 3 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 everyone could take their seats. Representative Gordon, Representative Riley, Representative Bradley. You should all take your seats. We're very, very pleased today to have with us the representative of the governments of the State of Israel assigned to the City of Chicago. Mr. Roey Gilad has served for many years in the foreign service of Israel. He's been stationed at various locations at times in Africa, other times in the United Kingdom. Now he is the Midwest regional director for the Government of Israel and we're going to ask him to speak to us today. I would like to say, I think on behalf of all of us, that we greatly enjoy the strong and friendly relationship that the United States, the State of Illinois have with the Government of Israel. Let me give you the Consul General, Roey Gilad."
"Thank you very much, Mr. Speaker. Thank you for the invitation esteemed Members of the House. I will not take much of your time. I read in the news that you are very, very busy; therefore, I'm not going to waste much of your times however, thank you very much for the invitation. It's a great honor and privilege for me to be here today. My family and I traveled from the Middle East to the Midwest six months ago. Since our arrival, it has been my wish to come and speak with you from this podium so I can tell you in what unique place you live. Indeed, before I assumed my post as a Consul General, I heard a great deal about the Midwest in general and Illinois in particular. But what I found here was exceeded my expectations. I am well aware that Illinois, as in the case of many other states, is facing many serious economic challenges such as 09800020.doc 4 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 budget, pensions, and unemployment. However, at the same time Illinois boasts the world class City of Chicago, unparalleled center of education and research throughout the state and has agricultural and manufacturing sectors that employ cutting edge technologies. Illinois, the Land of Abraham Lincoln, is also the envy of the United States and the world for its openness, liberal ideas, inspiring leadership and all the attributes that has identified with America's greatest, greatest President. These are the values and the vision that made America the great nation it is, with Illinois in its heart. Six thousand miles east of Illinois there is another state which, just like Illinois, is unique. The State of Israel is a subject of envy by its neighbors because of its character and achievements. Like Illinois, Israel is also facing many challenges and yet continues to stand out as a beacon of openness, liberal ideas and hope. Indeed, a 'shining city on the hill'. The State of Israel is a vivid and active democracy surrounded by totalitarian regimes. Israel is an island of economic stability in a sea of economic bankruptcy. Israel is a stronghold of progress and innovation in the midst of a desert of backwardness. With a GDP growth of 3.3 point… percent in 2012, unemployment down to 7 percent, investment in R&D at 4 percent of all our GDP, which is number one in the world, by the way, 5 thousand start-up companies at any given moment, balanced trade and many other positive economic indicators, Israel can look to the future… to a future full of hope. However, at the same time, we cannot ignore some dark clouds gathering on the horizon. The 09800020.doc 5 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 regional earthquake that took place in the Middle East in the last three years left the region shaken to its foundations. The phenomena known once as the Arab Spring delivered a region boiling with anti-American and anti- Israeli feelings and statements infused with radical Islamic propaganda from a dark time we thought we would never see again. Syria, for instance, is falling apart on our northern border. While we share no sympathy for the totalitarian regime of Bashar El-Assad, the opposition's alternative to his reign of terror may produce another bloodbath with different victims. Surely when El-Assad goes, so does the triangle of terror partnership with Iran and the Hezbollah in Lebanon. But how will Syria look on the day after? What will be the impact on its neighbors including Israel? Nobody really knows. Egypt, that was the first Arab state to sign a peace treaty with Israel back in 1979, is now being governed by Muslim Brothers who, as a party, have spoken strictly against the peace treaty with Israel. What will the future hold for this critical relationship? Again, a big question mark. Jordan on our eastern border, with which we signed peace treaty in 1994, and where I had the honor to serve as an Israeli diplomat, is also facing some serious challenges to its future and stability. The Palestinians can be compared to Noah's Ark: two leaderships, two security apparatuses, two visions concerning the future relationship with the State of Israel. And at this point, I would like to thank the Illinois General Assembly for its unequivocal support for Israel during the Pillar of Defense operation in Gaza in 09800020.doc 6 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 November. And yet our biggest challenge is beyond the horizon. The latest report of the International Atomic Energy Association that was just published shows very clearly that Iran is continuing to make rapid progress toward its goal, achieving a nuclear bomb. Both the United States and Israel are committed to preventing Iran from attaining this nuclear weapon. Here I would like to commend again the Illinois General Assembly for being among the first states to pass extremely effective economic legislation against Iran. In times like these, the special relationship between the United States and Israel is more important than ever. This special relationship was established in 1948 when President Harry Truman became the first world leader to acknowledge the State of Israel, and has… and those relationship has survived and flourished for nearly 65 years. We might soon be confronted with yet another test, this time from Teheran. I know that together we will rise to this challenge. Against this background, we look forward to the visit of President Obama to Israel in March, when these issues will be discussed by two… by our two leaders. America was, is and will be the strongest ally of Israel in the world. Israel was, is and will be the best guardian of American interests in the Middle East. This alliance, in the words of the current President from Illinois, is 'unshakable and unbreakable'. I would like to thank you from the bottom of my heart for inviting me here today. I know that you have a very busy schedule dealing with many issues of great concern to the people of Illinois. However, I would like to ask you, in some small 09800020.doc 7 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 way, to keep Israel in your minds and hearts. Since, if this House, which was always a beacon of support for Israel, will not speak out loudly, then who will? And as the Talmudic Jewish saying: 'If not I, then who? If not now, then when?' I thank you."
"The Consul will be available for a short time down here in the well for greetings and for pictures and as usual Representative Soto is number one in line. Representative Lang in the Chair."
"The House will be in order. The Chair recognizes Mr. Hays."
"Thank you, Mr. Speaker, point of personal privilege."
"Please proceed, Sir."
"Please welcome, behind me and gentlemen, please stand. The state Champion Cross Country Team from St. More… St. Thomas More High School in Champaign. St. Thomas More is coached by David Behm, the Illinois Track and Cross Country Coach Association Coach of The Year. And the runners, Nick Hess, who was third in the state meet, Jacob Helfrich, who was also an All Stater, Sam Powers, Brendan Remington, who was the Illinois Prep Harrier Fifth Man of the Year, Sean Kelley, David Horn, Jack Bolger, and George Pennacchi. Your state champions. St. Thomas More, welcome to your Capitol. On behalf of Representative Naomi Jakobsson and I, we salute you. We welcome you. In addition, the girls team finished in the top 20 and just this last weekend the St. Thomas More girls basketball team finished runner up at the state championship tournament in Bloomington-Normal. Welcome to your Capitol." 09800020.doc 8 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013
"Welcome to Springfield. Mr. Hays, is that your staff person standing next to you, there?"
"The… the… the high school is actually in Representative Jakobsson's district and many of the young people live in both her district and mine. Senator Rose was… was up a little while ago and a Resolution has been passed that will be presented to the coach and the team in the very near future."
Speaker Lang: "Thank you. Thank you for being here. Chair recognizes Representative Gabel."
"Thank you, Mr. Speaker. Point of personal privilege?"
"Please proceed."
"I would like to announce that there are free skin cancer screenings today, offered by the Illinois Dermatological Society, from 12 to 3 in the rotunda. They only take five to ten minutes and I encourage everyone to go down there. Free skin cancer screenings. Thank you."
"Thank you, Representative. To the Members and also to the Members in their offices, we're starting on page 2 of the Calendar under the Order of House Bills- Second Reading. If you have a Bill on this Order, I suggest you get to the floor. The first one is House Bill 22, Representative Flowers. Out of the record. House Bill 61, Representative Ford. Please read the Bill."
"House Bill 61, a Bill for an Act concerning public health. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed." 09800020.doc 9 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013
"Third Reading, House Bill 83, Representative Burke. Out of the record. House Bill 99, Representative Zalewski. Please read the Bill."
"House Bill 99, a Bill for an Act concerning civil law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 105, Representative Chapa LaVia. Please read the Bill."
"House Bill 105, a Bill for an Act concerning elections. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 141, Representative Flowers. Read the Bill, please. Oh, I'm sorry. Out of the record. House Bill 167, Representative Mayfield. Please read the Bill."
"House Bill 167, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 181, Representative Zalewski. Please read the Bill."
"House Bill 181, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 183. Please read the Bill." 09800020.doc 10 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013
"House Bill 183, a Bill for an Act concerning regulation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 188, Representative Gabel. Please read the Bill."
"House Bill, 188 a Bill for an Act concerning regulation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 192, Representative Jackson. Please read the Bill."
"House Bill 192, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 194, Representative Chapa LaVia. Please read the Bill."
"House Bill 194, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. The Chair inadvertently skipped House Bill 193, Mr. Clerk. Please read the Bill."
"House Bill 193, a Bill for an Act concerning regulation. The Bill has been read for a second time on a previous day. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Mr. Clerk, please return to House Bill 141, Representative Flowers and please read the Bill."
"House Bill 141, a Bill for an Act concerning public aid. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed." 09800020.doc 11 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013
"Third Reading. Returning to page 3, House Bill 956, Mr. Moffitt. Please read the Bill."
"House Bill 956, a Bill for an Act concerning local government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 958, Representative McAsey. Please read the Bill."
"House Bill 958, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
Speaker Lang: "Third Reading. House Bill 966, Mr. Beiser. Please read the Bill."
"House Bill 966, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 984, Mr. Mautino. Please read the Bill."
"House Bill 984, a Bill for an Act concerning civil law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
Speaker Lang: "Third Reading. House Bill 986, Mr. Franks. Please read the Bill."
"House Bill 986, a Bill for an Act concerning aging. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed." 09800020.doc 12 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013
"Third Reading. House Bill 991, Representative Osmond. Please read the Bill."
"House Bill 991, a Bill for an Act concerning insurance. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
Speaker Lang: "Third Reading. House Bill 997, Mr. Phelps. Please read the Bill."
"House Bill 997, a Bill for an Act concerning firearms. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been approved for consideration. No Motions are filed."
"Please hold the Bill on the Order of Second Reading. House Bill 1002, Representative Chapa LaVia. Please read the Bill."
"House Bill 1002, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1005, Mr. Pritchard. Please read the Bill."
"House Bill 1005, a Bill for an Act concerning health. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1009, Mr. D’Amico. Please read the Bill."
"House Bill 1009, a Bill for an Act concerning transportation, which may be referred to as Kelsey's Law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed." 09800020.doc 13 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013
"Third Reading. House Bill 1010, Mr. D'Amico. Please read the Bill."
"House Bill 1010, a Bill for an Act concerning criminal law, which may be referred to as Patricia's Law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1013, Mr. Zalewski. Please read the Bill."
"House Bill 1013, a Bill for an Act concerning apostilles and certifications. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1020, Representative Mayfield. Please read the Bill."
"House Bill 1020, a Bill for an Act concerning local government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1041, Representative Tryon. Representative Tryon. Out of the record. House Bill 1045, Mr. Franks. Read the Bill."
"House Bill 1045, a Bill for an Act concerning State government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
Speaker Lang: "Third Reading. House Bill 1048, Mr. Welch. Please read the Bill." 09800020.doc 14 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013
"House Bill 1048, a Bill for an Act concerning business. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1154. Please read the Bill."
"House Bill 1154, a Bill for an Act concerning public employee benefits. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been approved for consideration. No Motions are filed."
"Please hold that Bill on the Order of Second Reading. House Bill 1156. Please read the Bill.
"House Bill 1156, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1157. Please read the Bill."
"House Bill 1157, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1165. Please read the Bill."
"House Bill 1165, a Bill for an Act concerning public employee benefits. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been approved for consideration. No Motions are filed."
"Please hold this Bill on the Order of Second Reading. House Bill 1166." 09800020.doc 15 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013
"House Bill 1166, a Bill for an Act concerning public employee benefits. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been approved for consideration. No Motions are filed."
"Please hold that Bill on the Order of Second Reading. House Bill 1202, Mr. Sosnowski. Out of the record. House Bill 1209, Mr. Mautino. Mr. Mautino. Please read the Bill."
"House Bill 1209, a Bill for an Act concerning conservation. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Mautino, has been approved for consideration."
"Mr. Mautino on the Amendment."
"Thank you, Ladies and Gentlemen of the House. House Bill 1209 is an initiative of the University of Illinois. We took and placed the surveys that historic… the historical survey, the geological survey, we placed them all over there and it corrects the statute. We are calling them the Prairie Research Institute. And the Amendment itself makes some corrections… technical corrections to the names throughout the statute."
Speaker Lang: "Gentleman moves for the adoption of the Amendment. There being no debate, those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
Speaker Lang: "Third Reading. House Bill 1233, Mr. Sacia. Please read the Bill." 09800020.doc 16 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013
"House Bill 1233, a Bill for an Act concerning regulation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1247, Mr. D'Amico."
"House Bill 1247, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1283, Representative Senger. Please read the Bill."
"House Bill 1283, a Bill for an Act concerning public employee benefits. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
Speaker Lang: "Third Reading. House Bill 1295, Mr. Riley. Please read the Bill."
"House Bill 1295, a Bill for an Act concerning local government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been approved for consideration. No Motions are filed."
"Third Reading. Returning to a Bill the Chair has skipped, House Bill 191, Representative Hernandez. Please read the Bill. 1191, Mr. Clerk"
"House Bill 1191, a Bill for an Act concerning State government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1309, Representative Cassidy. Please read the Bill." 09800020.doc 17 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013
"House Bill 1309, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1311, Mr. Costello. Please read the Bill."
"House Bill 1311, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1314. Please read the Bill."
"House Bill 1314, a Bill for an Act concerning government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1315. Please read the Bill."
"House Bill 1315, a Bill for an Act concerning government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1316. Please read the Bill."
"House Bill 1316, a Bill for an Act concerning government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1317. Please read the Bill." 09800020.doc 18 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013
"House Bill 1317, a Bill for an Act concerning government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1318. Please read the Bill.
"House Bill 1318, a Bill for an Act concerning government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1319. Please read the Bill."
"House Bill 1319, a Bill for an Act concerning government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1327, Representative Flowers. Please read the Bill."
"House Bill 1327, a Bill for an Act concerning regulation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1353, Representative McAsey. Please read the Bill."
"House Bill 1353, a Bill for an Act concerning finance. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
Speaker Lang: "Third Reading. House Bill 1402, Mr. Evans. Please read the Bill."
"House Bill 1402, a Bill for an Act concerning finance. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed." 09800020.doc 19 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013
"Third Reading. On page 6 of the Calendar, under the Order of House Bills-Third Reading, appears House Bill 161, Representative Osmond. Please read the Bill, Mr. Clerk."
"House Bill 161, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Osmond."
"Thank you, Mr. Speaker. This particular Bill deals with a situation in my district where the Zion-Benton High School has adopted a program called New Tech. New Tech is designed after an idea that came out of Napa, California and it gears toward a different way of teaching high school students. They need to apply and they need to perform. And what they do is they learn the life skills that make them more professional when they come out and have to go on to their higher ed studies. What my Bill says is that for the past five years, now in the sixth year, they have had a waiver for PE They go to class for PE for three days a week and then two days a week they are taught to be responsible and to make sure that they log in 60 minutes a day and they have to also answer essay questions as to how their performance was during that period of time. This education method has been approved by the local unions. They were there on the drawing board when this school was established. That… this particular school district went on a strike last year. This issue was never, ever brought forth because it works. The students have to have a grade point average to be able to use this to graduate from high school. It has everything in it that's positive for the 09800020.doc 20 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 education. Zion prides themselves on good strong teachers that believe in this method. I would be happy to answer any questions that you have on this."
"The Lady moves for the passage of the Bill. The Chair recognizes Representative Pihos."
"Thank you, Mr. Chair. I would like to speak in strong support of the Bill. New Tech at Zion-Benton is a very unique high school educational experience for students. And it emphasizes 21st century learning in addition to their core content. It is one… one of 120 unique high schools in the United States. Unlike most Illinois high schools, the students here are required to take a full four years of English, math, science, and social studies. Each year, students will also take a combination of physical education, foreign language and electives to round out 27.25 of requirements for graduation. Because of the intensity of how students attend classes together and focus on multidisciplinary projects, to accommodate this learning the school has had to go to a modified block schedule. And listen to this carefully, they get three 60-minute periods of physical education. Students in our other high schools get 45 minutes of physical education. So, in reality, if you look at it that way, they are taking four days of physical education. And in order to encourage them, which I think as educators we want to do, to take individual responsibility and be independent learners and active participants, they are charged with a commitment to perform an additional 120 minutes per week outside of physical education participation. And I have the form in front of me 09800020.doc 21 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 that they have to fill out. It has different questions for every week. So, they are not only doing physical fitness they are getting physical education. They talk about, what is flexibility, name two types of stretching, why is stretching important, describe the difference between aerobic and anaerobic. I doubt that most students are able to do that. So, here in a school they are empowering students to take ownership of their personal lifestyles and making personal fitness a part of that lifestyle. This should be a model for all schools who have challenges in delivering physical education. This is what we should strive for, that students walk away from their high school education and incorporate physical activity into their permanent lifestyle. So, I hope you will take this in consideration and vote 'yes' on behalf of this Bill."
"Mr. Pritchard."
"Thank you, Mr. Speaker. To the Bill. Ladies and Gentlemen of the House, we've all been lobbied by organizations on different issues that sometimes don't have all the facts. They may have one particular issue. They may fear that something's going to happen with a piece of legislation, but they don't give you the whole story. I would ask you to pay attention to this Bill and what it does, and what it doesn't do. Like many of you, I have been supportive of the American Heart Association, the American Diabetes Association, the American Association of Physical and Health Recreation and Dance Professors and Instructors as we try to get our young people more active and engaged, engaged in their wellness and their lifestyles. Certainly, 09800020.doc 22 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 we want to promote those kinds of activities and that's exactly what this Bill is doing with a group of students in one school. It's only one school. It's not a trend. It's not a movement that we're going to become soft on requiring physical activity in our schools around the state. This is one program that has a very, as you've already heard, regimented program that accounts for more hours of activity than the normal student gets. So, I would ask you to look at this Bill, what it does, what its limits are, and how it will help our students. Today you are also being lobbied by the YMCA on a number of their programs. One of their initiatives, in my community, is the wellness com… is the wellness effort, where they're working with hospitals, with the park districts and others to increase activity. That's exactly what this program is teaching. Is how an… how a student, as they grow older and… and mature in life, can keep physical activity involved in a fun way that promotes health and wellness. I would ask for your serious consideration in support of this Bill."
"Representative Monique Davis." Davis, M.: "Thank you, Mr. Sponsor. I'm sorry, Mr. Chairman. I have to rise in opposition to this legislation because physical activity for children is significantly important. Some people feel that we can do it two days a week or we can do it three days a week, but they wouldn't do the same with reading, they wouldn't do the same with math. It is so important that we adhere to the School Code. The School Code states that children are to have physical education every day. That was based upon research information for 09800020.doc 23 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 health of our children and our nation that was developed a long time ago. Every doctor, today, tells people get… get some kind of physical activity on a daily basis not just two or three days a week, and especially for young children, for kids in school. They need guided physical instruction. There's an insult to the idea that you tell children do something at home and write me a report about what you did. Well, they'll spend more energy writing the report than actually engaging in any physical activity. I believe that when we carve out sections of the School Code that we want to obey and we carve out other sections we choose not to obey, we put those youth at a disadvantage to other children. It is significantly important that physical education is perceived as an instructional class. No one is saying just go in there and jump around, just go in there and get on the treadmill. Physical education teaches sportsmanship: it may teach some health information. Physical education has a curriculum just as reading and math have. Some people say, oh, they're in a marching band, they don't need physical education. Physical education has a curriculum. What are your children to learn? What are they to learn from being in this class? Are they learning how their heart operates? Are they're learning… are they learning what the function of the lungs are and how the lungs respond to activity? Even our Federal Government is promoting that children move, move, move. It is my opinion, Mr. Chairman… Mr. Speaker, that we do not water down one of the most significant points of education and that is physical education. This Bill is opposed by the following 09800020.doc 24 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 groups. This Bill is opposed by the American Heart Association. This Bill is opposed by the Illinois Association for Health. This Bill is opposed by Physical Education. It's opposed by Recreation and Dance. This Bill is opposed by Illinois Public Health Institute. It is opposed by the Illinois Federation of Teachers. It is opposed by the Illinois Education Association. School teachers should teach good habits and children should not be expected to go home and write a report on maybe what they wished or could have done. I urge a 'no' vote. I respect the Representative, but I respect my children as well, regardless to what community they come from. Thank you."
"Mr. Jefferson."
"Thank you, Mr. Speaker, Members of the General Assembly. I rise in strong opposition to this Bill. And the reason why is that today Illinois has probably some of the most obese children in our schools than ever before. You know, in Rockford, Illinois, we are classified as one of the most obese cities in the State of Illinois. Back in the day, when we were going to school, we were mandated to take physical education. We didn't have that obesity problem as we do today. Today, I think the parents are getting… in the midst of it. They want their kids to do other things other than physical education, but doctors always recommend that you do some sort of physical education. It doesn't hurt. It can't do anything but help you, but in the long run it will help our kids. And if we continue to let the parents come out and try and mandate what they should do other than 09800020.doc 25 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 physical education, I think we are all going to be in trouble. You know, in the… in the African-American community and the Hispanic community we have the worst crisis of people overweight. And it's ridiculous. We can mandate and make a difference in how they go about taking their exercises. When I was in school, that was one of my favorite classes. I'd get to go outside and run around the track and do whatever I needed to do, or swim or whatever. Kids today don't want to do that because they… they figure this… they are above that. I think we need to get back to doing what's right for all the kids in the school and make sure that we defeat this legislation and go back to physical education and the way it used to be. I urge a 'no' vote."
"Mr. Welch."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Lady yields."
"Mr. Speaker, I rise in opposition to this Bill. I've spent 15 years as a lawyer representing elementary school districts, 12 years on a school board and what we talk to our students about is how important it is to have physical education. I think this Bill would set an enormous precedent and a bad precedent and it's completely inconsistent with what our First Lady is going around the country talking about. She's encouraging kids to get up and move and exercise. We're trying to end the… the… the epidem… epidemic of obesity and House Bill 161 goes against that. The research, the data is… is there to show how important physical activity is. So, I'm asking our 09800020.doc 26 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 colleagues to please, take a look at this Bill hard. Understand the precedent that it is setting and take a long, hard look at the groups that are in opposition to this Bill and… and consider that when you cast your vote. And I urge our colleagues to vote 'no' on this Bill."
"Representative Chapa LaVia."
"Thank… thank you, Speaker and thanks for the interesting debate on this Bill. As you can notice, I'm a hyphenated Sponsor of this. This doesn't take away… does not take away from PE in the class for the week. It's… it's three days right now a week that these kids have to have physical education classes a week, three times a week. What this does is actually enhances their PE classes by requiring an extra 120 minutes additional of physical activities outside the classroom. I'd love for all our kids to have PE every day. I'd love for them for all to have laptops and Macs. I'd love for them to be as fit as we were when we were young children, but right now, the physical constraints of this state do not allow it. I think this is an extremely creative idea on how we get our kids to maintain exercise and physical activity. Not just… God bless you… not just inside the school walls but outside the school walls so they can have good habits so they'll continue to be healthy people. I looked at the stats on this school. It's a technology school. It's very, very well-received and needed in a community that has a large… has a large minority population that goes to this school for African-American and Hispanic students that are exceeding and meeting test standards. So, I want you to 09800020.doc 27 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 understand, it's not detracting. The kids already have three days of physical education a week. It's adding on 120 minutes of additional… of additional physical activity. I really appreciate everybody listening to this because working in education for as long as I have, the last 11 years, it's important that we come up with strategic ideas, but keep the kids' feet to the fire on education… education and physical activity, they'll both go hand in hand. Thank you."
"Representative Osmond to close."
"Thank you, Members. Just a couple things I need to stress so we're a little more clear on what this Bill does. This school has formulated the concept of educating individuals and those PE teachers that teach them now, teach them to go forth on those two days and do what's needed to complete the requirements. They teach them strong education as far as physical ed. I know that one of my colleagues here has stressed the fact that the First Lady promotes this. Yes, and I don’t think that she's promoting it only in a classroom; she's promoting it for everyday life. And I think that the most important thing in this Bill says that the teachers are doing what they're supposed to do. They agreed to this arrangement. They're working with this arrangement. This arrangement has worked for five years. Please, please, let them continue and do, along with the First Lady, everyone in here should be promoting our children to understand the importance of physical education. And I ask you to please support this effort. Thank you." 09800020.doc 28 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Record yourselves, Members. Have all voted who wish? Arroyo, Cavaletto, Mitchell, Zalewski. Cavaletto, Mitchell, Zalewski, record yourselves. Mr. Clerk, please take the record. On this question, there are 59 voting 'yes', 55 voting 'no', 1 voting 'present'. And the Sponsor requests…
"Postponed Consideration."
Speaker Lang: "…Postponed Consideration. On page 7 of the Calendar, under the Order of Resolutions, appears House Joint Resolution 1. Representative Chapa LaVia."
"Wonderful. Thank you, Speaker and Members of the General Assembly. House Joint Resolution #1 came out of articles that were run in Chicago about the truancy issue. And we've had a lot of support on this throughout the state and how drastic this issue is in all the school districts throughout the State of Illinois. So, I'm going to be not only promoting this task force to go through Chicago and help and see what we can do in the community there and increase the numbers of kids in the classrooms instead of on the streets or in issues, but also taking this with ROEs throughout the State of Illinois and producing other truancy programs that will reflect the knowledge that we gain from the Chicago Public School situation. There was an article that was recently written that there were… there was quite a few, 32 thousand kids that were in K through 8 that were truant, chronically truant from being in the schools. And as… the further we… we looked into it, the 09800020.doc 29 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 number could escalate even higher than that when the disabled community, autism, homelessness, et cetera, et cetera. And what we'd like to do is take this task force, bring people that have never come to the table before on education, the Chicago Housing Authority, the Chicago Police Department, homeless programs, domestic programs, children be a part of the task force. Other people outside that usually aren't at the table and discussion on how do we work together as a community so our kids become educated and we're accountable for them as a community. So, I'm really looking forward to the work that comes out of this. I want to thank Representative Ford and Golar and Soto. They were with me, not too long ago, in a pretruancy task force meeting in Representative Ford's district that was extremely well… well attended. We had the CTU there, the Chicago Teachers Union. The new CEO of Chicago Public Schools, Ms. Barbara Byrd-Bennett, is extremely interested in making sure we go through with this. We have a lot of great interest in this. And I would request a 'yes' vote. And I'd be available to take any questions."
"Lady moves for the adoption of the Resolution. There being no debate, those in favor of the Resolution will vote 'yes'; opposed will vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Record yourselves, please, Members. Have all voted who wish? Bellock, Ives, Tryon. Please take the record. On this question, there are 118 voting 'yes', 0 voting 'no'. And the House does adopt the Resolution. House Joint Resolution 09800020.doc 30 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 3, Mr. Hays. Out of the record. House Joint Resolution 4. Mr. Beiser. Please proceed, Sir."
"Thank you, Mr. Speaker. House Joint Resolution 4 designates a new expressway for Interstate 70 from its connection to the inter… existing Interstate 64 to the new Mississippi River Bridge which is under construction as the U.S. Congressman Jerry F. Costello Expressway. Many of you know, but if not I'll inform you, that Representative or Congressman Costello served our district, the 12th Congressional District, for 25 years. He served as a senior Democrat on the Transportation and Infrastructure Committee, played an instru… instrumental role in all of our infrastructure within our entire region. And I think it's fitting that we name this small… this one part of the expressway as it connects to the new bridge after him. I want to also say that I think this is a tribute, not only to what he did for our area and for the State of Illinois as far as infrastructure, but it's important to note that in his 25 years he set an example for us… for us all in elected office, in that he never forgot where he came from, always travelled his district, always took time for those, no matter how well off or how disadvantaged they were, and treated everyone… everyone with the respect that they deserved. And for that, we were forever grateful and we definitely are going to miss him in Congress. We do miss him, but I think this would be a fitting tribute."
Speaker Lang: "Gentleman moves for the adoption of the Resolution. The Chair recognizes Mr. Cavaletto."
"Thank you, Mr. Speaker. Will the Sponsor yield?" 09800020.doc 31 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013
"Gentleman yields."
"I think this is… is a very good Bill to honor this individual who has given much service to southern Illinois. I know him personally and he is a well-thought-of Gentleman. I want to say this, I… I'll ask the Sponsor. The west side of the bridge, what is going to happen with that?"
"I don't… I'm not sure I understand your question."
"The expressway from the west to the east of the bridge, is there going to be a name for that also?"
"There has… there is none at this point, not even… no one's expressed anything along those lines."
"Is the bridge… does the bridge itself have a name?"
"No, it does not. That's currently under discussion, both at the federal level, at the State of Missouri level, and at the State of Illinois level."
"Thank you very much."
"Mr. Riley."
"Thank you, Mr. Speaker. To the Resolution. You know, often, you know, we talk about Legislators or other people from our areas and I would say many former Legislators, certainly Jerry Costello, are known all through the state. He was a very able Legislator and I would agree to this dedication of the expressway. He was a great man and this is a tremendous tribute."
"Mr. Dunkin."
"Thank you, Mr. Speaker. I rise to… I, too, rise in support of this dedication. I think it's important, certainly as we recognize those individuals who have served 09800020.doc 32 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 with us, but it's important to give people their flowers while they're living. And Congressman Jerry Costello is living today. He has an incredible wife and his kids reflect their union. I got a chance to meet him on several occasions. I think it's the right thing to do. Congratulations."
Speaker Lang: "Those in favor of the Resolution will vote 'yes'; opposed will vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Sandack. Please take the record. On this question, there are 117 voting 'yes' and 1 voting 'present'. And the Resolution is adopted. House Joint Resolution 6, Representative Osmond. Out of the record. All right, let's go back to Representative Osmond on House… HJR6. Don't hurt yourself, Representative. Please proceed."
"Thank you, Mr. Speaker. Some of you might recall that last year we had this Resolution. It's a Joint Resolution to designate Grand Avenue overpass over Interstate 94 in Gurnee as the Allen J. Lynch Congressional Medal of Honor Overpass. And this is in honor of a Congressional Meda… Medal winner Allen Lynch. There was some confusion last year as to where this overpass was. And I think that it has been clarified that it definitely is in my district and it goes over the tollway. The tollway is all right with it. So, we would like to proceed. Senator Link had it last year. Senator Link's going to pick it up again this year and we're going to try to get it through, if you're so kind as to permit me to do it." 09800020.doc 33 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013
Speaker Lang: "The Lady moves for the adoption of the Resolution. There being no debate, those in favor of the Resolution will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Please record yourselves. Have all voted who wish? Mr. Jefferson. Please take the record. On this question, there are 118 voting 'yes', 0 voting 'no'. And the Resolution is adopted. House Resolution 6, Representative Flowers. Please proceed."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Resolution 6 celebrates the 48th anniversary of Medicare in the United States and urges Congress to strengthen and improve the Medicare Part D, which would help people with their prescription drugs. It was established in 2003 and this Resolution urges the improvement of Medicare Part D in any reform that Congress may endeavor. And I would urge an 'aye' vote."
Speaker Lang: "The Lady moves for the adoption of the Resolution. There being no debate, those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. House Resolution 8, Representative Flowers."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Resolution 8 designates the 16th of every… the 16th day of every month in the year 2013 through the '14 as Premature Birth Prevention and Awareness Day in Illinois. Also, it encourages Congress to reauthorize the PREEMIE Act. The PREEMIE Act authorize federal support to research related to premature birth. Furthermore, the Resolution is dedicated in the memory of Leilani Marie Decker. Leila was born 22 weeks premature on January 16 of 09800020.doc 34 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 2011. She courageously fought for her life, but tragically she passed away two weeks after being born. Her death has left a large hole in the Decker family; however, it is their hope that this Resolution will cause fewer families the pain in which they have had to suffer. And I would urge an 'aye' vote on House Resolution 8."
Speaker Lang: "The Lady moves for the adoption of the Resolution. There being no debate, those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. House Resolution 20, Representative McAsey. Please proceed."
"Thank you, Mr. Speaker, Members of the House. House Resolution 20 commemorates Illinois Reads. This is an initiative of the Illinois Reading Council. It's the first statewide literacy program aimed at people of all ages. It will be highlighting Illinois authors, titles in all sorts of areas including science, technology, engineering, and math to promote literacy both in the classroom, in our homes. And I appreciate the support of all the cosponsors, all the members of the Illinois Reading Council, including Larry Randa of the Valley View School District, who brought this initiative to me, as well as Secretary of State Jessie White for his support and Lieutenant Governor Sheila Simon. I appreciate the support of the Members on the Resolution for this great program that kicks off on March the 13th."
Speaker Lang: "The Lady's moved for the adoption of the Resolution. On that question, the Chair recognizes Mr. Riley." 09800020.doc 35 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013
"I'm sorry, Mr. Speaker. I'm not really speaking to this Resolution. But I would like a point of clarification on House Bill 1295."
"What is…"
"I was under the impression that there was an Amendment that needed to be filed and as a matter of fact, it was scheduled to go before committee today. So, I'd like to move House Bill 1295 back to Second Reading."
"Mr. Clerk, at the request of the Sponsor, please move House Bill 1295 back to the Order of Second Reading. There being no one wishing to debate Representative McAsey's Motion, those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. The Chair recognizes Mr. Ford."
"Thank you, Mr. Speaker and Members of the House, I rise for an order of personal privilege. I guess I have… Personal privilege."
"Please proceed, Sir."
"Thank you. Today I'll be joined by Representative Poe in presenting the African-American fact for the day. Thank you, Representative Poe, for joining me. All right. Today we are presenting a man that we all should know and his name is Whitney Young, Whitney Moore Young. But before I present that, I want to make sure that this state moves in a direction where we can continue to create new and… continue to create African Americans that will make a difference in Illinois. I just want to call to attention that the state has a responsibility, according to Article X of the Constitution, to develop each person to their 09800020.doc 36 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 fullest potential in education. But a recent study in the Chicago Sun-Times gave us some numbers that we should all listen to, the percentages of public school students who meet or who met and exceeded the level of proficiency in testing by race. We're going to go through the fourth grade. In Illinois, black kids… only 12 percent of black kids read at a proficient level in the State of Illinois. In math, only 14 percent of the students in Illinois do math at a proficient level. In science, only 9 percent of the black kids do math… do science at a proficient level. Eighth graders. Eighth-grade reading scores, only 15 percent of blacks are doing reading at a proficient level and eighth grade math, only 10 percent are doing math at a proficient level and in science it's worse. Eighth grade science classes, only 4 percent are doing math… or science at a proficient level. If we're going to continue to create Black History facts for Illinois and for the country, we have to improve on those scores. But Whitney Moore Young is the person that I want to introduce to you today. Young was born in Shelby County, Kentucky, on July 31, 1921. Young earned a Bachelor of Science degree from Kentucky State University, a historically black institution. At Kentucky State, Young became a member of the Alpha Phi fraternity. And during the World War II, Young was trained as an electrical engineer at MIT. I also want to call to your attention that this document was passed out to everyone so you have the information to read on your own. But we also want to make sure that you are aware that Whitney Moore Young, Jr. was awarded the Presidential Medal of Freedom 09800020.doc 37 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 and that's a huge honor for anyone to receive in this country. And I'll leave a quote of Whitney Young with you. Whitney Young said, 'Every man is our brother, and every man’s burden is our own. Where poverty exists, all are poorer. Where hate flourishes, all are corrupted. Where injustice reins, all are unequal.' Thank you. That's a quote from Whitney Young. Thank you all for your attention."
"Thank you, Mr. Ford. To the Democratic Members of the House, there will be an immediate Democratic Caucus immediately upon adjournment in Room 114. Sorry. Mr. Clerk, committee announcements."
"The following committee was canceled today. The Labor & Commerce Committee has been canceled. Meeting at 3:00 is the Business Occupational Licenses Committee in Room 115, the State Government Administration Committee in Room C-1, and Higher Education in Room D-1."
"Mr. Clerk, Agreed Resolutions."
Clerk Hollman: "Agreed Resolutions, House Resolution 103, offered by Representative Jakobsson and House Resolution 104, offered by Representative Osmond."
"Leader Currie moves for the adoption of the Agreed Resolutions. Those in favor say 'yes' opposed 'no'. The 'ayes' have it. And the Agreed Resolutions are adopted. And now, Leader Currie moves, leaving… allowing perfunctory time for the Clerk, that the House stand adjourned 'til Thursday, February 28 at the hour of 11:30 a.m. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the House does stand adjourned 'til Thursday, February 28th at 09800020.doc 38 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 the hour of 11:30 a.m. allowing perfunctory time for the Clerk. Democrats in immediate caucus."
"House Perfunctory Session will come to order. Introduction and First Reading of House Bills. House Bill 3414, offered by Representative Sullivan, a Bill for an Act concerning safety. House Bill 3415, offered by Representative Phelps, a Bill for an Act concerning business. House Bill 3416, offered by Representative Sullivan, a Bill for an Act concerning local government. First Reading of these House Bills. First Reading of House Joint Resolution Constitutional Amendment #21, offered by Representative Bill Mitchell. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Article VIII of the Illinois Constitution by changing Section 2 as follows: ARTICLE VIII FINANCE SECTION 2. STATE FINANCE (a) The Governor shall prepare and submit to the General Assembly, at a time prescribed by law, a State budget for the ensuing fiscal year. The budget shall set forth the estimated balance of funds available for appropriation at the beginning of the fiscal year, the estimated receipts, and a plan for expenditures and obligations during the 09800020.doc 39 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 fiscal year of every department, authority, public corporation and quasi-public corporation of the State, every State college and university, and every other public agency created by the State, but not of units of local government or school districts. The budget shall also set forth the indebtedness and contingent liabilities of the State and such other information as may be required by law. Proposed expenditures shall not exceed funds estimated to be available for the fiscal year as shown in the budget. (b) The General Assembly by law shall make appropriations for all expenditures of public funds by the State. Appropriations for a fiscal year shall not exceed funds estimated by the General Assembly to be available during that year. (c) Except upon a record vote of three-fifths of the members elected to each house of the General Assembly, the total aggregate appropriations for each fiscal year shall not exceed the previous fiscal year's total aggregate appropriations by the greater of 4 percent of the previous fiscal year's total aggregate appropriations or a percentage representing the sum of the percentage rate of inflation and the percentage rate of the State's population growth since the previous fiscal year. State revenues in excess of a fiscal year's total aggregate appropriations as calculated under this subsection shall be deposited into a rainy day fund within the State treasury established and to be used for purposes provided by law. Moneys appropriated for elementary or secondary education, and moneys appropriated to any public or private university or 09800020.doc 40 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 community college in the State, shall not be included as part of the State's aggregate appropriations in any fiscal year. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act. This has been a First Reading of House Joint Resolution Constitutional Amendment #21. House Joint Resolution Constitutional Amendment #22, offered by Representative Ives. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend the Illinois Constitution by adding Section 2.5 to Article IV as follows: ARTICLE IV THE LEGISLATURE SECTION 2.5. TERM LIMITS No person may hold the office of State Senator or State Representative, or a combination of those offices, for more than 12 consecutive years. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act. This has been the First Reading of House Joint Resolution Constitutional 09800020.doc 41 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 Amendment #22. House Joint Resolution Constitutional Amendment #23, offered by Representative Drury. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Article IV of the Illinois Constitution by changing Section 6 as follows: ARTICLE IV THE LEGISLATURE SECTION 6. ORGANIZATION (a) A majority of the members elected to each house constitutes a quorum. (b) On the first day of the January session of the General Assembly in odd-numbered years, the Secretary of State shall convene the House of Representatives to elect from its membership a Speaker of the House of Representatives as presiding officer, and the Governor shall convene the Senate to elect from its membership a President of the Senate as presiding officer. A person may not serve more than a total of 10 years in the office of Speaker of the House of Representatives, President of the Senate, Minority Leader of the House of Representatives, or Minority Leader of the Senate; provided that service before the second Wednesday in January of 2015 shall not be considered in the calculation of a person's service. 09800020.doc 42 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 (c) For purposes of powers of appointment conferred by this Constitution, the Minority Leader of either house is a member of the numerically strongest political party other than the party to which the Speaker or the President belongs, as the case may be. (d) Each house shall determine the rules of its proceedings, judge the elections, returns and qualifications of its members and choose its officers. No member shall be expelled by either house, except by a vote of two-thirds of the members elected to that house. A member may be expelled only once for the same offense. Each house may punish by imprisonment any person, not a member, guilty of disrespect to the house by disorderly or contemptuous behavior in its presence. Imprisonment shall not extend beyond twenty-four hours at one time unless the person persists in disorderly or contemptuous behavior. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act. This has been a First Reading of House Joint Resolution Constitutional Amendment #23. First Reading of House Joint Resolution Constitutional Amendment #24, offered by Representative Smiddy. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after 09800020.doc 43 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 the adoption of this resolution a proposition to amend Article I by adding Section 22.1 as follows: ARTICLE I BILL OF RIGHTS SECTION 22.1. RIGHT TO HUNT AND FISH The people have a right to hunt and fish as it is a valued part of our heritage and shall be forever preserved for the public good, subject only to the laws prescribed by the General Assembly and rules prescribed by the virtue of the authority of the General Assembly. Hunting and fishing shall be the preferred means of managing and controlling wildlife. This Section shall not be construed to limit the application of any provision of law relating to trespass or property rights. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act. This has been a First Reading of House Joint Resolution Constitutional Amendment #24. House Joint Resolution Constitutional Amendment #25, offered by Representative Lilly. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Sections 2 and 5 of Article IV of the Illinois Constitution as follows: 09800020.doc 44 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 ARTICLE IV THE LEGISLATURE SECTION 2. LEGISLATIVE COMPOSITION (a) One Senator shall be elected from each Legislative District. Immediately following each decennial redistricting, the General Assembly by law shall divide the Legislative Districts as equally as possible into three groups. Senators from one group shall be elected for terms of four years, four years and two years; Senators from the second group, for terms of four years, two years and four years; and Senators from the third group, for terms of two years, four years and four years. The Legislative Districts in each group shall be distributed substantially equally over the State. (b) Each Legislative District shall be divided into two Representative Districts. One Representative shall be elected from each Representative District. During each ten-year period, beginning with the general election in 2022, Representatives shall first be elected for terms of four years, then for terms of two years, and then for terms of four years. (c) To be eligible to serve as a member of the General Assembly, a person must be a United States citizen, at least 21 years old, and for the two years preceding his election or appointment a resident of the district which he is to represent. In the general election following a redistricting, a candidate for the General Assembly may be elected from any district which contains a part of the district in which he resided at the time of the 09800020.doc 45 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 redistricting and reelected if a resident of the new district he represents for 18 months prior to reelection. (d) Within thirty days after a vacancy occurs, it shall be filled by appointment as provided by law. If the vacancy is in a Senatorial or Representative office with more than twenty-eight months remaining in the term, the appointed Senator or Representative shall serve until the next general election, at which time a Senator or Representative shall be elected to serve for the remainder of the term. If the vacancy is in any other Senatorial or Representative office, the appointment shall be for the remainder of the term. An appointee to fill a vacancy shall be a member of the same political party as the person he succeeds. (e) No member of the General Assembly shall receive compensation as a public officer or employee from any other governmental entity for time during which he is in attendance as a member of the General Assembly. No member of the General Assembly during the term for which he was elected or appointed shall be appointed to a public office which shall have been created or the compensation for which shall have been increased by the General Assembly during that term. SECTION 5. SESSIONS (a) The General Assembly shall convene each year on the second Wednesday of January. The General Assembly shall be a continuous body for a period beginning and ending at noon on the second Wednesday of January of consecutive odd-numbered years. 09800020.doc 46 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 (b) The Governor may convene the General Assembly or the Senate alone in special session by a proclamation stating the purpose of the session; and only business encompassed by such purpose, together with any impeachments or confirmation of appointments shall be transacted. Special sessions of the General Assembly may also be convened by joint proclamation of the presiding officers of both houses, issued as provided by law. (c) Sessions of each house of the General Assembly and meetings of committees, joint committees and legislative commissions shall be open to the public. Sessions and committee meetings of a house may be closed to the public if two-thirds of the members elected to that house determine that the public interest so requires; and meetings of joint committees and legislative commissions may be so closed if two-thirds of the members elected to each house so determine. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act and applies to the terms of Representatives elected in 2022 and thereafter. This has been the First Reading of House Joint Resolution Constitutional Amendment #25. First Reading of House Joint Resolution Constitutional Amendment #26, offered by Representative Conroy. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted 09800020.doc 47 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Section 11 of Article IV of the Illinois Constitution as follows: ARTICLE IV THE LEGISLATURE SECTION 11. COMPENSATION AND ALLOWANCES (a) A member shall receive a salary and allowances as provided by law, but changes in the salary of a member shall not take effect during the term for which he has been elected. (b) Notwithstanding subsection (a), for a term of office beginning on or after the date this subsection (b) is declared adopted, a member shall receive a salary in an amount equal to the salary that a member was entitled to receive on the date this subsection (b) is declared adopted, and that amount shall not thereafter be increased unless by the affirmative vote of the People of the State in accordance with Section 2 or 3 of Article XIV. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act. This has been the First Reading of House Joint Resolution Constitutional Amendment #26. First Reading of House Joint Resolution Constitutional Amendment #27, offered by Representative Drury. 09800020.doc 48 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Article IV of the Illinois Constitution by changing Section 2 as follows: ARTICLE IV THE LEGISLATURE SECTION 2. LEGISLATIVE COMPOSITION (a) One Senator shall be elected from each Legislative District. Immediately following each decennial redistricting, the General Assembly by law shall divide the Legislative Districts as equally as possible into three groups. Senators from one group shall be elected for terms of four years, four years and two years; Senators from the second group, for terms of four years, two years and four years; and Senators from the third group, for terms of two years, four years and four years. The Legislative Districts in each group shall be distributed substantially equally over the State. (b) Each Legislative District shall be divided into two Representative Districts. In 1982 and every two years thereafter one Representative shall be elected from each Representative District for a term of two years. (c) To be eligible to serve as a member of the General Assembly, a person must be a United States citizen, at least 21 years old, and for the two years preceding his 09800020.doc 49 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 election or appointment a resident of the district which he is to represent. In the general election following a redistricting, a candidate for the General Assembly may be elected from any district which contains a part of the district in which he resided at the time of the redistricting and reelected if a resident of the new district he represents for 18 months prior to reelection. (d) Within thirty days after a vacancy occurs, it shall be filled by appointment as provided by law. If the vacancy is in a Senatorial office with more than twenty-eight months remaining in the term, the appointed Senator shall serve until the next general election, at which time a Senator shall be elected to serve for the remainder of the term. If the vacancy is in a Representative office or in any other Senatorial office, the appointment shall be for the remainder of the term. An appointee to fill a vacancy shall be a member of the same political party as the person he succeeds. (e) No member of the General Assembly shall, during his or her term of office, hold any other elected public office. No member of the General Assembly shall receive compensation as a public employee from any other governmental entity for time during which he is in attendance as a member of the General Assembly. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act. This has been the First Reading of House Joint Resolution Constitutional 09800020.doc 50 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 Amendment #27. First Reading of House Joint Resolution Constitutional Amendment #28, offered by Representative Durkin. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Section 6 of Article IV of the Illinois Constitution as follows: ARTICLE IV THE LEGISLATURE SECTION 6. ORGANIZATION (a) A majority of the members elected to each house constitutes a quorum. (b) On the first day of the January session of the General Assembly in odd-numbered years, the Secretary of State shall convene the House of Representatives to elect from its membership a Speaker of the House of Representatives as presiding officer, and the Governor shall convene the Senate to elect from its membership a President of the Senate as presiding officer. (c) For purposes of powers of appointment conferred by this Constitution, the Minority Leader of either house is a member of the numerically strongest political party other than the party to which the Speaker or the President belongs, as the case may be. 09800020.doc 51 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 (d) Each house shall determine the rules of its proceedings, judge the elections, returns and qualifications of its members and choose its officers. No member shall be expelled by either house, except by a vote of two-thirds of the members elected to that house. Each house may punish by imprisonment any person, not a member, guilty of disrespect to the house by disorderly or contemptuous behavior in its presence. Imprisonment shall not extend beyond twenty-four hours at one time unless the person persists in disorderly or contemptuous behavior. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act. This has been a First Reading of House Joint Resolution Constitutional Amendment #28. House Joint Resolution Constitutional Amendment #29, offered by Representative Pihos. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to add Section 8.1 to Article IV and to add Sections 2.1 and 2.2 to Article VIII of the Illinois Constitution as follows: ARTICLE IV THE LEGISLATURE SECTION 8.1. PASSAGE OF REVENUE BILLS 09800020.doc 52 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 A bill that would result in the increase of revenue to the State by an increase of a tax on or measured by income or by an increase of a tax on or measured by the selling price of any item of tangible personal property may become law only with the concurrence of three-fifths of the members elected to each house of the General Assembly. ARTICLE VIII FINANCE SECTION 2.1. LIMITATIONS ON APPROPRIATIONS AND TRANSFERS (a) For the fiscal year ending in 2015 and each fiscal year thereafter, aggregate appropriations and transfers from the general funds are limited as provided in this Section. "General funds" include the General Revenue Fund, the Common School Fund, the General Revenue Common School Special Account Fund, and the Education Assistance Fund and any fund utilized for general or operating expenses. "Appropriations and transfers" do not include (i) reappropriations from a previous fiscal year, (ii) those made for debt service payments, and (iii) those made to a budget stabilization fund. (b) Aggregate fiscal year appropriations and transfers from the general funds may not exceed the limitation amount. For the fiscal year ending in 2015, the limitation amount is the aggregate amount of appropriations and transfers from the general funds in the fiscal year ending in 2011, as adjusted as provided in this subsection (b) for the fiscal years ending in 2012, 2013, and 2014. For the fiscal year ending in 2016 and each fiscal year thereafter, the limitation amount is the aggregate amount of appropriations 09800020.doc 53 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 and transfers from the general funds in the previous fiscal year, as adjusted as provided in this subsection (b). For the fiscal year after a fiscal emergency is declared under subsection (c) of this Section, the limitation amount is the aggregate amount of appropriations and transfers from the general funds in the fiscal year in which the fiscal emergency is declared minus the specific dollar amount by which the limitation amount was increased for the fiscal emergency, as adjusted as provided in this subsection (b). The adjustment is the average annual percentage change in the average per capita personal income for Illinois for the 5 most recent calendar years for which data is available, as defined and reported by the United States Department of Commerce, or its successor. (c) The Governor may declare a fiscal emergency by filing a declaration with the Secretary of State and copies with the Senate and House of Representatives. The declaration must be limited to only one State fiscal year, set forth compelling reasons for declaring a fiscal emergency, and request that the limitation amount for that fiscal year be increased by a specific dollar amount. If the Comptroller and Treasurer advise the General Assembly that they concur in the Governor's declaration, then by a record vote of three-fifths of the members elected to each house, the General Assembly, by law conditioned upon the approval of a majority of voters in the next general, primary, or special election, may authorize increased appropriations and transfers in a specific dollar amount that is no more than the increased amount requested by the Governor in the 09800020.doc 54 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 declaration. "Emergency" means extraordinary circumstances outside the control of the General Assembly, including catastrophic events, such as a natural disaster, terrorism, fire, war, and riot, and court orders and decrees. (d) If the general funds revenues for a fiscal year exceed the limitation amount for that fiscal year, then those excess revenues must be deposited into the Past Due Paydown Fund, State Budget Stabilization Fund, and the Taxpayer Relief Fund as provided in subsections (e), (f), and (g). (e) The Past Due Paydown Fund is established as a special fund in the State treasury and must be administered for the purposes identified in this Section. At the close of the lapse period for each fiscal year beginning in 2012, the State Comptroller shall identify the amount of General Fund unappropriated surplus above the Spending Growth Index limitation and transfer to the fund any amount necessary up to the total past due operating debt owed by the State as of the close of fiscal year 2011. The General Assembly may authorize transfers, appropriations, and allocations from the fund only to fund the costs of paying down the remaining past due debt until such debt is zero. Any remaining funds shall be transferred to the State Budget Stabilization Fund. (f) The State Budget Stabilization Fund is established as a special fund in the State treasury and must be administered for the purposes identified in this Section. At the close of the lapse period of each fiscal year, the State Comptroller shall identify the amount of General Fund unappropriated surplus above the expenditure limitation 09800020.doc 55 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 described in subsection (b) of this Section and above the amount necessary to fully fund and pay down the past due operating debt to zero. The fund may not exceed 8 percent of the total General Fund revenues received in the immediately preceding fiscal year. The General Assembly may authorize transfers, appropriations, and allocations from the fund only to fund the costs of State government up to the expenditure limit calculated by law in years when State revenues are less than the amount necessary to finance the level of expenditures permitted by law. Transfers require a three-fifths supermajority vote of the General Assembly. The money in the fund may be invested as provided by law, with the earnings credited to the fund. At the close of every month during which the fund is at the 8 percent limitation, the State Comptroller shall transfer the excess to the Taxpayer Relief Fund. (g) The Taxpayer Relief Fund is established as a special fund in the State treasury and must be administered for the purposes identified in this Section. At the close of the lapse period of each fiscal year, the State Comptroller shall identify the amount of General Fund unappropriated surplus above the State expenditure limitation and above the amount necessary to fully fund the Past Due Paydown Fund and the Budget Stabilization Fund. By September 1st annually, the State Comptroller shall notify the Commission on Government Forecasting and Accountability and the Department of Revenue of the amount in the fund as a result of the transfers. If the amount in the fund exceeds 1 percent of General Fund expenditures, then the General 09800020.doc 56 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 Assembly shall, by September 15th, enact legislation to provide for the refund to taxpayers of amounts in the fund. Refunds may take the form only of temporary or permanent broad-based tax rate reductions. If the General Assembly does not enact legislation by September 15th to provide refunds, then the State Comptroller shall, by September 30th, notify the Department of Revenue of the amount in the fund. The Department of Revenue shall calculate a one-time bonus personal exemption refund. The amount of the personal exemption refund must be calculated by dividing the amount in the fund identified by the State Comptroller by the number of personal exemptions claimed on income tax returns filed for tax year beginning in the previous calendar year. The Department of Revenue shall issue a refund by October 30th to a taxpayer who filed an income tax return by April 15th of the same calendar year based on the number of exemptions claimed (times refund per exemption) on the taxpayer's return without regard to the taxpayer's tax liability for the year. SECTION 2.2. OBLIGATIONS TO RETIREMENT SYSTEMS AND PENSION FUNDS In each fiscal year, obligations of the State to retirement systems and pension funds created under the Illinois Pension Code must be met as provided in that Code. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act. And this has been the First Reading of House Joint Resolution Constitutional Amendment #29. First Reading of House Joint Resolution 09800020.doc 57 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 Constitutional Amendment #30, offered by Representative Unes. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to add Section 8.1 to Article IV of the Illinois Constitution as follows: ARTICLE IV THE LEGISLATURE SECTION 8.1. PASSAGE OF REVENUE BILLS A bill that would result in the increase of revenue to the State by an increase of a tax on or measured by income or by an increase of a tax on or measured by the selling price of any item of tangible personal property may become law only with the concurrence of three-fifths of the members elected to each house of the General Assembly. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act. This has been the First Reading of House Joint Resolution Constitutional Amendment #30. First Reading of House Joint Resolution Constitutional Amendment #31, offered by Representative Brown. RESOLVED, BY THE SENATE… Committee Reports, Representative Currie, Chairperson from the Committee on Rules reports the 09800020.doc 58 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 20th Legislative Day 2/27/2013 following committee action taken on February 27, 2013: recommends be adopted and referred to the floor, Floor Amendment #1 for House Bill 1154 and Floor Amendment #2 for House Bill 1154, Floor Amendment #1 for House Bill 1165 and Floor Amendment #1 for House Bill 1166. There being no further business, the House Perfunctory Session will stand adjourned." 09800020.doc 59