"House Perfunctory Session will come to order. Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules reports the following committee action taken on May 21, 2013: recommends be adopted, referred to the floor is Floor Amendment #1 to Senate Bill 2371; approved for consideration, referred to Second reading is House Bill 390."
"Members are asked to be at their seats. We shall be led in prayer today by Reverend Doctor Char Hoffmann who is the Pastor of Calvary United Methodist Church in Villa Park, Illinois. Pastor Hoffmann is the guest of Representative Conroy. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and rise for the invocation and Pledge of Allegiance."
"Good afternoon. Friday I received my doctor of ministry degree with all the rights and the privileges and the honors accorded it. And so I Facebooked… Thank you. …and so I Facebooked what are the rights and honors and privileges and I am assuming that this is one of them. So, it is my honor and my privilege to be here this… this afternoon as well as my delight in a humbling experience. As I told people that I was coming here, several of them said, well, you've got to tell them about this, or you have to tell them about this or tell them they have to do this, and I realized how much you all hold in your hearts for the good of the people that you serve and I was… I was humbled again. The last person that I saw before I left said, give them hell, Char. And I said what you don't need is hell, what you need is heaven. So, I ask that you would all bow your hearts with me today. Great and 09800059.docx 1 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 gracious God, Creator and Sustainer of all that is, You alone are holy and we come before You this afternoon praising and thanking You for who You are and what You have done, what You are doing and what You will continue to do in the future. What You have asked us to do seems so simple, love and serve God with all of our very beings, our hearts, our minds, our spirits and our strength, and to love others as we have been loved. You have told us what is required of us, to feed the hungry and clothe the naked, shelter the homeless, heal the hurting and sick, care for the children and elderly, welcome the stranger, empower the powerless, give voice to the voiceless and work for justice, doing it all with compassion. And all of a sudden, God, what seemed so simple has become so complex. But You, Oh God, have promised a way in the wilderness, streams in the desert, resources in abundance and a future bright with promise, if we would but seek You with all of our whole hearts and call upon Your name. And so God, we come here this afternoon calling upon Your name and asking Your presence with us here. Take away our indifference and our jealousy, our greed and our pride, give us ears to listen, wise and discerning minds, voices that speak the truth and hearts filled with understanding, compassion, mercy and justice. We pray Your presence also with those who are suffering from the devastation from the tornadoes and the floods, for the first responders, for our service people and for those who need to feel You in a special way today. May what is said and done in this place, Oh God, be for Your glory, Amen." 09800059.docx 2 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013
"We shall be led in the Pledge of Allegiance by Representative Tabares." Tabares – et al: "I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
Speaker Turner: "Roll Call for Attendance. Representative Currie."
"Thank you, Speaker. Please let the record show that Representatives Soto and Zalewski are excused today."
"Representative Bost."
"Thank you, Mr. Speaker. Let the record reflect that Representative Durkin is excused on the Republican side of the aisle today."
"Mr. Clerk, please take the record. On a count of 115 present, a quorum is established. Mr. Clerk."
Clerk Bolin: "Committee Reports. Representative Verschoore, Chairperson from the Committee on Agriculture & Conservation reports the following committee action taken on May 20, 2013: do pass as amended Short Debate for Senate Bill 1639; and recommends be adopted House Resolution 280. Representative Chapa LaVia, Chairperson from the Committee on Elementary & Secondary Education reports the following committee action taken on May 20, 2013: do pass Short Debate for Senate Bill 1762; and recommends be adopted Motions to Concur with Senate Amendment 1 to House Bill 3190, as well as, Senate Amendments 4 and 5 to House Bill 3190. Representative Burke, Chairperson from the Committee on Executive reports the following committee action taken on May 20, 2013: recommends be adopted 09800059.docx 3 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 a Motion to Concur with Senate Amendment #1 to House Bill 83 and a Motion to Concur with Senate Amendment #1 to House Bill 1486. Representative Nekritz, Chairperson from the Committee on Judiciary reports the following committee action taken on May 20, 2013: do pass as amended Short Debate for Senate Bill 1358; recommends be adopted Floor Amendment #2 to Senate Bill 1852. Representative Burke, Chairperson from the Committee on Executive reports the following committee action taken on May 21, 2013: do pass as amended Short Debate for House Bill 1551, Senate Bill 492, Senate Bill 1470, Senate Bill 1474, Senate Bill 1603, Senate Bill 1621 and Senate Bill 1715. Representative Gabel, Chairperson from the Committee on Human Services reports the following committee action taken on May 21, 2013: do pass as amended Standard Debate Senate Bill 26. Representative Bradley, Chairperson from the Committee on Revenue & Finance reports the following committee action taken on May 21, 2013: do pass Short Debate for Senate Bill 2154; and recommends be adopted Floor Amendment #1 to Senate Bill 2326. Representative Chapa LaVia, Chairperson from the Committee on Elementary & Secondary Education reports the following committee action taken on May 21, 2013: recommends be adopted House Joint Resolution 36. Representative Nekritz, Chairperson from the Committee on Judiciary reports the following committee action taken on May 21, 2013: do pass Short Debate for Senate Bill 1778. Introduction of Resolutions. House Resolution 370, offered by Representative Chapa LaVia."
"Representative Kosel."
"Thank you. Point of personal privilege, please." 09800059.docx 4 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013
"Please state your point, Ma'am."
"Thank you, Mr. Speaker. On behalf of the Joint Legislative Task Force and the Turkish Illinois Relations, the Niagara Foundation, the Turkish American Federation in the Midwest, I'd like to invite you to attend an intercultural reception celebrating the bonds of friendship, business and culture between Turkey and the State of Illinois. It will be held this evening from 5 to 7 in the office of the Secretary of State Jesse White on the second floor in Room 213. Please join us."
"Thank you. Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. I am so very proud to welcome to Springfield one of the very best schools in Chicago. I'd like you to know that Dr. Brenda Hawes, (sic-Dr. Deborah Lynn Hawes) Eddie Gonzalzles, Angela Gipson, Clezeal Collains, Brenda Price, Faith Pledger, Julia McGurk are in the gallery with the students from Morgan Park High School. Can we give them a warm welcome."
"Welcome to the Capitol. Representative Brady."
"Point of personal privilege, Mr. Speaker."
"Please state your point, Sir."
"Ladies and Gentlemen of the House, please join me in giving a n… nice, warm welcome from the House of Representatives to Kevin McCarthy, who is a Normal Town Council member. Councilman McCarthy's up in the gallery. Kevin, please stand up. Thank you for coming to Springfield today."
Speaker Turner: "Welcome to your Capitol. Representative Hatcher." 09800059.docx 5 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013
"Point of personal privilege, Mr. Speaker."
""Please state you point, Ma'am."
"I would ask that the House stand at a moment of silence."
"All Members are requested to stand for a moment of silence. Representative Hatcher."
"Thank you, Mr. Speaker. All of us in the last 24 hours have seen the devastation that has happened in Oklahoma to the people, the families, the homes that have been shattered by something that they could not control. Just a moment ago that the Senate stood in silence for those folks. I believe that it's appropriate that the House do as well. Thank you."
"Representative Currie for a Motion."
"Thank you, Speaker, Members of the House. I move to suspend posting requirements so that House Resolution 322 can be heard in the Agriculture Committee, House Resolution 341 in Consumer Protection, Senate Bill 1307 in Elementary & Secondary, House Resolution… and also House Resolutions 306 and 347, Senate Bill 2226 in Environment, Senate Bill 1495, 1496, 1655, 1920, 1961 and House Joint Resolution 38 in Executive, Senate Bill 15, House Resolution 332 in Higher Ed, Senate Bill 628 and House Resolution 310 in Human Services, Senate Bill 56, Senate Bill 1968, 2193 and Senate Joint Resolution 27 in Judiciary, Senate Bill 1245 in Personnel and Pensions, Senate Bill 1680 in House Public Safety: Police and Fire, Senate Bills 41, 1659, 1772 in Revenue, House Resolutions 301, 303, 308, 317, and Senate Joint Resolution 1 in House State Government, House Resolution 314 in Transportation: Regulation, and House Joint Resolutions 35 and 37 in Transportation: Regulation, House Resolutions 318 09800059.docx 6 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 and 350 in House Veterans' Affairs Committee. Is… and I would again seek leave to suspend the postings so that these may be heard as quickly as possible."
Speaker Turner: "The Lady moves to suspend the posting requirements. Seeing no objection, the Motion prevails. Ladies and Gentlemen, we will begin where we left off yesterday on page 4 of the Calendar, Senate Bills on Third Reading. We have Senate Bill 2197, Representative Acevedo. Mr. Clerk, please read the Bill."
"Senate Bill 2197, a Bill for an Act concerning the lottery. Third Reading of this Senate Bill."
"Representative Acevedo."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2197 changes the title of Superintendent of the Lottery to Director… to Director of the Lottery. It requires the director to give a briefing on any proposed major media campaign at regular scheduled board meetings upon written request by a board member. I'd be happy to answer any questions."
"The Gentleman moves for the passage of Senate Bill 2197. Seeing no debate, all those in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative McAuliffe, Moylan, Senger. Mr. Clerk, please take the record. On a count of 113 voting 'yes', 0 voting 'no' and 0 voting 'present', Senate Bill 2197, having received the Constitutional Majority, is hereby declared passed. Senate Bill 2199, Representative Jakobsson. Mr. Clerk, please read the Bill." 09800059.docx 7 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013
"Senate Bill 2199, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"Representative Jakobsson."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2191 (sic-2199) is to address a problem that prohibits a professional educator licensure candidate from being an intern… doing an internship or residency licensure until he or she has completed the applicable content area test and passed it. And this was an unintended consequence of a Bill that was passed in 2011. The law inadvertently prevents nonteaching professional educator licensure candidates and those people that we're talking about are social workers, school psychologists, speech pathologists, as examples, from beginning their internships and residencies which do not require content area test. And the Bill further states with an Amendment that out-of-state school service personnel licensure candidates must meet the same requirements as in-state school service personnel. I urge an 'aye' vote, please."
"Lady moves for the passage of Senate Bill 2199. Seeing no debate, all in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 114 voting 'yes', 0 voting 'no' and 0 voting 'present', Senate Bill 2199, having received the Constitutional Majority, is hereby declared passed. Representative Riley, for what reason do you seek recognition?"
"Point of personal privilege." 09800059.docx 8 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013
"Please state you point, Sir."
"You know, it's always good when we have people from our districts come down. In the gallery, from the Matteson Business Association I have Mr. Percy Scott, who is here. Give him a warm round of applause."
"Welcome to your Capitol. Representative Will Davis." Davis, W.: "Thank you very much, Mr. Speaker. Continuing from my colleague, I'd also like the chamber to recognize from the Chicago Southland Chamber of Commerce, past Chairman Mr. Sam Balark."
"Welcome to your Capitol. Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. I have some excellent news I would like to share with the Body. Many years ago there was a little girl who used to come to… to the floor here, she'd wear a little hat and gloves. She was the daughter of Lee Crawford. Today, the little girl that wore her hat and gloves as a Page on the floor, the Springfield's Southeast Girls Track Team Class 2A State Championship, they have won it four years in a row. Charday Crawford independently completed and won the 100 meter dash for the state championship. Little Charday is graduating and getting a full scholarship to Kansas State University. His son, Sean Crawford is accepted into dental school at SIU University… the dental school for SIU. And these two children are the product of the Illinois General Assembly under the leadership and direction of the Doorman, Lee Crawford. Can we give him a round of applause?" 09800059.docx 9 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013
"Congratulations, Lee. Representative Bellock, for what reason do you seek recognition?"
"Thank you very much, Mr. Speaker. I just would ask the Assembly to welcome Lillie Lanphier who came all the way down today to Page, and her mom and dad."
Speaker Turner: "Welcome to your Capitol. Representative Jefferson."
"Thank you, Mr. Speaker. Just want to take this opportunity to take a point of personal privilege, if I may?"
"Please state you point, Sir."
"Tomorrow night at 6:00 we're going to have the Hispanic Black Caucus end of Session at the Black Caucus house right across the street, and all we ask everyone to do is come and have a good time, bring your crunk with you. We're going to have a great time and I'm sure we'll be there a little bit later than 9:00, but we'll see how it goes. But tomorrow at 6:00 to 9:00, Black Caucus, Latino Caucus will be sharing the end of Session. Thank you."
"Thank you, Representative. Representative Acevedo."
"Mr. Speaker, I rise in point of personal privilege."
"State your point, Sir."
"I'd just like to re… reiterate what Representative Jefferson said. All are invited to the Latino and Black Caucus tomorrow, our end of Session barbecue that we usually have. It's from 9 to… 6 to 9 and it's at the Illinois Black Caucus house. So, on behalf of the Latino Caucus and Black Caucus, all are invited." 09800059.docx 10 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013
"Thank you, Representative. Continuing now on page 4 of the Calendar, we have Senate Bill 2218, Representative Kelly Burke. Mr. Clerk, please read the Bill."
"Senate Bill 2218, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
"Representative Burke." Burke, K.: "Thank you, Mr. Speaker. Senate Bill 2218 is an initiative of the Illinois Optometric Association. It makes technical changes clarifying that optometric staff working under the supervision of a licensed optometrist may dispense contacts. It also clarifies that decorative lenses fall under the definition of contact lenses. I'm open to questions. And I ask for an 'aye' vote."
"Lady moves for the passage of Senate Bill 2218. Seeing no debate, all those in favor… Representative Reboletti, late with the button."
"Welcome back in the Chair, Mr. Speaker. How are you, Sir?"
"Doing well, Sir, thank you."
"Will the Sponsor yield?
"Sponsor will yield."
"Representative, I'm showing that there's opposition from the Cathedral Counseling Center. I'm not sure who they are or what their opposition was?" Burke, K.: "I… I have no idea and I don't recall them at the committee hearing as registering any opposition. So, I… I have no idea."
"Thank you."
"Representative Burke to close." 09800059.docx 11 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 Burke, K.: "I ask for an 'aye' vote."
"The question is, 'Shall Senate Bill 2218 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Ives, Bellock. Mr. Clerk, please take the record. On a count of 113 voting 'yes', 1 voting 'no', and 1 voting 'present, Senate Bill 2218, having received the Constitutional Majority, is hereby declared passed. Senate Bill 2229, Representative Conroy. Mr. Clerk, please read the Bill."
"Senate Bill 2229, a Bill for an Act concerning higher education. Third Reading of this Senate Bill."
"Representative Conroy."
"Thank you, Speaker. Senate Bill 2229 gives members of the Illinois National Guard or Naval Militia with over 10 years of service an additional grant of two years of full- time enrollment to a state university or community college. The House passed identical legislation earlier this year and the Bill was approved unanimously in the Senate. I ask for an 'aye' vote."
"Representative Jackson."
"Yes, Mr. Speaker. On 22… House Bill… I mean, Senate Bill 2218 I voted 'no'. It should have been 'yes'. Thank you."
Speaker Turner: "The record will reflect your request. Representative Bost."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"If we've passed it from here and they've passed it over there and it's on the Governor's desk, do we want to just 09800059.docx 12 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 send another one so he can make a choice between the two or what are we doing? I'm just trying to…"
"We want to make sure this gets through, yes."
"Okay. So we're going to put two Bills on his desk. And that two is better than one, that's right."
"Thank you."
"Representative Dunkin."
"Thank you. Will the speaker… will the Sponsor yield?"
"She indicates that she will."
"Representative, I'm trying to… actually, I was trying to listen to Representative Bost, but he was talking a little fast for me, and he had that long southern drawl. So, didn't we pass this legislation about a month ago?"
"Representative Costello had the same legislation, yes, Sir."
"That's true. I've never… I've been here for over 10 years and I've never seen two of the same pieces of legislation come before the same chamber."
"Well, now you have."
"Oh, well, all right. So, well, I… Okay. Thanks for clearing… clearing that up, Madam Sponsor. So, this Bill is a tuition waiver, correct?"
"This is tuition for an additional two years. It incentivizes the National Guard to stay in for 10 years."
"Okay. It is a… So, if I am in the National Guard, that means I don't have to pay a red cent of tuition in a state university, correct?"
"As it stands now they get four years. If they stay in for 10, they're eligible for an additional two." 09800059.docx 13 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013
"So, the answer is yes, this is a tuition waiver?"
"I'm sorry. Can you repeat the question?"
"The question is, is this a tuition waiver for National Guard members, current National Guard members?"
"Once they've served 10 years they're eligible for that, yes."
"Okay. So it… so, yes, it is a tuition waiver…"
"Yes."
"…program?"
"Yes."
"Okay. Very similar to the legislative scholarship that you're familiar with, correct?"
"To my knowledge the legislative scholarship was very different."
"How different was it?"
"From what I understand each Legislator was able to give a scholarship to a state university and this is… they weren't required to be in the National Guard…"
"Well…"
"…for 10 years."
"Okay. I guess, I'm trying to understand the difference between a tuition waiver for Legislators allocating to what and who they know within their district if they go through a particular scholarship protocol with a separate committee, compared to this tuition waiver that is… What's the big difference?"
"The idea behind this is to support and incentivize a more professional National Guard and to encourage them to stay in for a longer period of time." 09800059.docx 14 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013
"Okay. So, still in all, it is a tuition waiver. It is… it's a free ride for an Illinois person whether they're in the National Guard, whether they are graduated from high school or if they're going to law school or medical school or dental school…"
"Well, they can't earn the additional two until they've already earned the four."
"Okay. So, what do you estimate the value of this particular scholarship to be?"
"It's hard to estimate 'cause we don't know how many will take advantage of it."
"Well, how many are taking advantage of the four-year right now?"
"I don't have that number."
"Okay. Do you think this will have a financial impact on our state universities?"
"The universities were in support of this."
"Do you think this would have a financial impact on our state universities?"
"I think that getting a more… incentivizing a more professional National Guard and appreciating the service that they give us is… is worth it."
"How much would this cost the state university system on this tuition waiver or free program, Representative?"
"Again, I don't have that number."
"Do you recall what the legislative scholarships were? The amount of estimated money that we all had…"
"That would…"
"…that we gave away free as well?" 09800059.docx 15 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013
"That I do not know because I was not in office when that was eliminated."
"Well, I'm sure you'll have a staffer here who will help you with this here. Can you give some estimate of what this will cost the state university system for Illinois? Representative, are you okay?"
"There were 1,978 guardsmen who took advantage of this, the four years in 2012. So, only a portion of them would be eligible for the additional as well. So, that would be the closest I can get to an actual number for you."
"Okay, good. So, Representative, give me an amount of how much this will cost the State of Illinois' university system. So, you have… you have the number of how many people participated, correct? So, give me the economic impact, how much this would cost, in legislative free tuition, free waiver, for these particular individuals. How much would this cost the state university system of all of our state universities?"
"Representative, there's no way of knowing exactly how much, and again, what I would say is that this is something that incentivizes a more professional National Guard and it…"
"Representative, there is a way to calculate, to quantify how much this would cost. I'm trying to figure out that number. We all support our military. I have a brother who is… who is in the Air Force right now. I have a brother who just… who served seven years in the Marines. I have an uncle who was killed in the Vietnam War. I support veterans past and present. All I'm simply trying to find out is how much would this cost the university system?" 09800059.docx 16 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013
"I don't have that exact number and again, what I would say to that is that the universities support this Bill."
"Representative, there is an economic impact that this Body argued for several years, as it relates to the legislative scholarship and they had estimates. Even though it was a legislative waiver or tuition waiver, there was a cost. We need to be able to get to that number because according to this Body, and one of the biggest reasons that they, well, one of the reasons that they… they stopped the legislative scholarship or the free tuition for Illinois residents, be they military or not, was because there was a financial impact as well as some of the other issues that they highlighted. So, I'm trying to get to the bottom line as the Higher Education chairman of appropriations for the state universities, what the financial impact would be. I think that's a fair question. I'm not being… I'm not being offensive hopefully, but I'm trying to get to the bottom line 'cause there is a bottom line cost impact."
"Representative, I would say another way to look at this is, what is the cost to us if these men and women decide to leave the National Guard? If they decide to stay, the shortest term is four years. So, we would keep them for an additional four years."
"Representative, I'm asking a very straightforward question. I don't want to belabor this. I'm trying… there is a financial impact when you have… when you give someone a free tuition waiver at Western Illinois, at Southern Illinois, at Illinois State University, Chicago State University, et cetera. What is the financial cost of a tuition 09800059.docx 17 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 waiver for these wonderful veterans who are serving our state in the National Guard? What is the financial cost?"
"Every college has a different cost, Representative, so if you want to break it down, we'd have to look… after this Bill is passed, we'd have to look at exactly the cost at that point."
"Representative, I get that. Do you know how many state university syst… or colleges that we have here in Illinois?"
"You would know that number better than I would."
"Okay. So, we have only so many state universities and college… state universities and we're talking about waiving tuition for anyone who has a National Guard status. How much would that cost?"
"A National Guard status that has been in service for 10 years and then would have to reenlist for an additional four."
"Representative, I appreciate where you're trying to go. I'm just trying to… what the cost of this tuition waiver, free tuition waiver for these individuals, would cost the State of Illinois. Since we got rid of the legislat… that legislative scholarship that was a tuition waiver as well, what the financial cost would be for this particular Bill?"
"Representative… Representative, what I would say to you is that this is a tuition waiver only. So, what you're doing is you're giving them the tuition, you're not paying for all the rest of it. So, in some regards, perhaps, we're talking about $2 thousand a year."
"We said that… you know, I used the same arguments for the legislative scholarships and you know what my colleagues did, Representative, this predates you so I'm not at you I'm 09800059.docx 18 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 at the concept of this legislative waiver and tuition. I argued that the investment was worthwhile; that actually, tangibly or financially, there was no cost. It's a waiver, right? Now you could… you could qualify that or quantify that by those individuals who went to the University of Illinois, those who… they go to the University of Illinois at Springfield, free tuition would mean… that that means they're not paying $12 thousand or $20 thousand, correct? So, having said that, what I'd like to do is to find out how much that would cost since there is no cost in terms of waiving, but there is a quantitative value with it that we placed, for example, our Governor signed the Bill that eliminated legislative scholarships. He said it was about 400-plus a million dollars. So, I'm asking you how much this would cost…"
"Representative, what I would say to you…"
"…financially?"
"…is I was not involved in that debate; that's a totally different situation. What I've been told and what I believe is that these tuition waivers, as you've been saying about the legislative waivers also, were… they're taking up space in a classroom, there's no actual dollar amount involved, I understand that may have been your argument with the legislative scholarships, I'm not here to debate that."
"So…"
"Representative Dunkin, can you…"
"To the Bill. Ladies and Gentlemen, you know, this is almost a… and I know we talked about this before when my colleague from southern Illinois, whose last name starts with a C, had this same conversation. About a year ago, right here 09800059.docx 19 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 in this chamber we argued vehemently against legislative tuition, waivers for citizens here in this state who went through a very responsible legislative scholarship process with most of our legislative… most of our legislative districts who participated in the program. But somehow, someway, if you are in the military who all of us support, myself included, it's a different dynamic. It's a different legislative scholarship; it's a… excuse me… it's a different waiver; it's a different tuition waiver. And quite frankly, a number of those legislative recipients of the legislative scholarships that we provided in the House and Senate were military. So, it's interesting how we speak as politicians out of both sides of our mouths when it comes to a certain class of people. Now, again, I support the military as you do, Representative, as many of us here do, but we can't have it both ways. A legislative scholarship is no different than a tuition waiver for the individuals who are in the military or not, it's free tuition that you can quantify. So, it's very interesting, again, how some of us, as legislatively, just come incorrect with the facts, we can't have it both ways. I would encourage a 'present' vote or a 'no' vote. Thank you."
"Representative Costello."
"Thank you, Mr. Speaker. To the Bill. Ladies and Gentlemen, legislative scholarships and these National Guard scholarships are apples and oranges. We're talking about men and women who serve our country; we're talking about incentivizing people who have put 10 years into the National Guard to re-up, stay in, the shortest enlistment period is 09800059.docx 20 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 four more years. Truth be known, this is probably a cost savings measure to the state. If these men and women would get out of the National Guard after 10 years, can you imagine the cost that our state has to go through in training to bring these new men and women up to the same standard? This is a terrific Bill. It's identical to the House Bill that I carried just about a month ago, which I believe received about 114 'yes' votes. I ask for your 'yes' vote. Thank you."
"Representative Ford."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Representative, I rise in support of your legislation. I want to just ask you a question. When the legislative scholarship was voted out in the House, did you vote for it or did you not have an opportunity?"
"I actually was not in office at that time."
"Okay. So, House… Senate Bill 2229, I would think that the reason why I rise in support of it is because I support legislative scholarships and I support scholarships for people, the servicemen. So, just because the scholarships were taken away from the legislative process doesn't mean that we have to take away the scholarships from servicemen. So, I do believe that this is a good Bill and I think what we should do is revisit the possibility of finding a way in order to bring scholarships back to people of all areas of life that may need a scholarship to go to college. So, I do believe that this is a good Bill for Illinois and your Bill, Senate Bill 2229, would provide scholarships, grants for servicemen. And I believe the Governor spoke in his State of the State 09800059.docx 21 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 about the fact that there are over 200 thousand jobs in Illinois that he cannot fill because of the lack of skilled workers. Would you think that this Bill would help fill that void?"
"Very much so."
"So, with that, I rise in support and I urge an 'aye' vote. And I think we should do everything that we can to service and bring opportunities to everyone and not debate taking away from people especially at a cost neutral approach. Thank you."
"Representative David Harris." Harris, D.: "Thank you, Mr. Speaker. Very quickly, a question of the Sponsor?"
"The Sponsor will yield." Harris, D.: "Representative, how many high school seniors are there in the State of Illinois, do you know?"
"I don't have that number, no." Harris, D.: "Probably several what… several hundred thousand?"
"I would think so." Harris, D.: "And how many members are there in the Illinois National Guard? There are 13… roughly 13,300. You're lim…"
"Excuse me, Representative. Can we please bring the noise down in the chamber? We're having a hard time hearing the debate. Representative Conroy. Thank you." Harris, D.: "There are roughly 13,300 members of the Illinois National Guard. You're limiting this Bill to those who have 10 years or more of service. So, of those 13,300 we're probably looking at a universe of maybe 5200 individuals. A universe of 5200 individuals compared to several hundred 09800059.docx 22 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 thousand high school seniors who might be eligible for legislative scholarship. In addition to which, does the Illinois National Guard scholarship, is it still limited to those who are oath… a captain or less in rank?"
"Yes." Harris, D.: "So, now we're bringing it down even further, which means the economic impact, and you have to assume that not all of those perhaps 4 thousand individuals are going to take advantage of this Bill, the economic impact of this is minimal."
"Yes, Sir." Harris, D.: "Let's pass the Bill."
"Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. Representative Harris kind of asked the question I wanted to ask and that's about how many people were we thinking would be affecting the colleges. Do you have a number?"
"I think Representative Harris just addressed that issue. Those that would even be eligible would only be a couple thousand." Davis, M.: "In Illinois we'd have about a couple of thousand who would be going to, to get college grants. Is that correct?"
"Assuming… that would be… that's the number that would be eligible." Davis, M.: "Do you know what the cost to the university will be? Like when we…"
"Again…" Davis, M.: "…when we abolished the legislative scholarships, the colleges or people said that it was costing the college this 09800059.docx 23 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 huge amount of money. So, I'm just wondering exactly what will this be costing the colleges?"
"Representative, I believe that we've covered that pretty thoroughly. It's a tuition waiver and again, so what we're really talking about is space in the classroom. I understand the resentment in eliminating the legislative scholarships and I understand both sides of that, but that's not the Bill that I'm debating today." Davis, M.: "I just… and also wonder why we couldn't pick those who had been in the National Guard for 5 years, perhaps a member of the National Guard had really suffered much more danger than one who had been in 10 years. Why did we choose the 10-year mark?"
"Ten years is the point where a National Guardsmen would decide if they were going to make this a career or not. I believe that this will help to incentivize the National Guard members to seriously consider that and sign on for an additional four years and therefore, become for… future wise, professional guardsmen." Davis, M.: "Have we considered the injured or incapacitated guard members who might have served for a very short time, but they've been injured? They may be… they may have artificial limbs."
"The first four years that they receive is for anyone who's been in for a year. This Bill, again, would be someone who's been in service for 10 years." Davis, M.: "Well, I support veterans and I support education for all. I'm sorry that people didn't view the legislative scholarships as important and as valuable. We gave 09800059.docx 24 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 scholarships also to veterans. Because you and I are on the same page of supporting education and also supporting National Guardsmen or veterans, I urge an 'aye' vote."
"Representative Conroy to close."
"Thank you. I believe this is a good Bill. I believe that we owe this to our National Guard. And I would ask for an 'aye' vote?"
"The question is, 'Shall Senate Bill 2229 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Golar. Mr. Clerk, please take the record. On a count of 105 voting 'yes', 8 voting 'no' and 2 voting 'present', Senate Bill 2229, having received the Constitutional Majority, is hereby declared passed. Speaker Madigan in the Chair."
"Ladies and Gentlemen, we have special guest today and if the Members would take their seats and if the staff would retire to the rear of the chamber. We're very pleased and we're very honored to have with us the Consul General from the Republic of Turkey assigned to Chicago and to the Midwest Region of the United States, Mr. Fatih Yildiz. He has served as a Consul for a certain period of time. He had previous postings as part of the Turkish Government and he's come here today to offer his remarks in terms of the growing relationship between the United States, the State of Illinois and the Republic of Turkey. Let me give you the Consul General."
"Thank you. Thank you. Mr. Speaker, thank you, thank you for this very warm welcome. Distinguished 09800059.docx 25 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 Members of the Illinois House of Representatives, it gives me provant honor to be here today at the Illinois House of Representatives, the House of the people and the… in this State of Lincoln. So, let me at the… at the very onset convey on the part of the Turkish people and… and the Turkish Government that, you know, our hearts and souls and prayers are… are with those people who are affected by those, you know, horrible tornados that happened in Oklahoma and other parts of… of U.S. Please accept our heart condolences and… and we wish a speedy recovery for, for whoever affected with this… this tragedy. Today, I see… I was able to see a glimpse of, you know, this heated discussion here, so I'm therefore very much thankful that you give this… this spot to me. But you know, I will… I will maybe take a bit of your time as to talk about things outside of Springfield, outside of Illinois, maybe but, outside of U.S., but in fact very much relevant to Springfield, very much relevant to Illinois. So, it's about the world in fact that I will be talking about and the Legislatures are a rudimentary institutions that we highly rep in our country as well as the keystones of… of democracy, of pluralism, of human rights and peace and harmony. So, this is the key institution that one would expect to be received as a diplomat I should say, so it's a huge honor. As you know, the world is going through a tremendous change. Now, it's being somewhat a cliché to call it that way, I should say, but when you look at the pace of things that are unfolded in the world especially through the eyes of a… of a Turkish diplomat or a representative to… of Turkey that's literally what's happening that… that that tremendous 09800059.docx 26 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 change that we are… we are experiencing in fact. Of course in a very… in a world of many problems you cannot escape the fact that there are opportunities in this world and that's why we stand out in that part of the world, a difficult part of the world, I should say, that we come up with such a… such an idea with such a… such a vision as to, you know, coming up with the claim that the opportunities come with some risks, come with some opportunities as well. And we stand with our American friends in terms of making this vision a reality for all. Of course we have certain advantages, if I have to name a few of them, yes. First and foremost it is Turkey is in a very unique location. Whatever you read about the world, we're right at the center about all of it. It sometimes a liability and sometimes it's an asset. For the ones who want to turn those, you know, risks challenges into a fortune with you, so that's what we are doing, number one. Number two, it's, yes, it is a Muslim majority country, 99 percent Muslim that you have to highlight msybe in a post 9/11 world. But it is, again, unique in the sense that it is a truly pluralistic, democratic and secular Muslim majority country, which is a unique thing for that geography again. A third thing is… is the values. The values that you cherish in this House, the values of democracy, human rights, rule of law, that's what we cherish back in our country. That's what people tend to call ours western values, but that's what we tend to call in our geography are as human values that… that every… each and every human is and has the right, is entitled to… to enjoy. Fourth, it's about the institutions. Whatever you associate in your minds about… about west or western institutions that's 09800059.docx 27 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 what Turkey's a part of and they… that's why Turkey is prompt to be sharing with some American friends the partnership, the membership to those organizations starting with NATO, of course. Our soldiers were with yours… with your GIs back in Korea and now they're fighting against terrorism in Afghanistan as well. And we will stand with you in such, you know, difficult geographies. We have the cruel world. The final thing about… about Turkey is a new thing which is the Turkish economy. The Turkish economy as a stellar example of growth in that part of the world despite the financial crisis that happened in 2008, 2009, we're talking about an average growth rate of 6 percent in Turkey during the last 10 years and… and this is a new thing for… for that… that geography which we think that we set a good example for the others in that part of the world that, you know, that the world is not only about politics or conflicts or wars, it's about the opportunities that will bring different countries in that part of the world together. So, frankly speaking, all these facts about Turkey including those values that we share and the memberships that we share in such institutions make us great allies. That's why we call each other as strategic allies, that's we call each other with this new term as modeled partners and that was what was highlighted last week when our prime minister was in Washington during the meetings with President Obama. So, Ladies and Gentlemen, Illinois falls into that… that larger picture and fits very well in that larger picture. I covered 13 states from Chicago. I know that it sounds a stretch for many of you to say this on my part, but I do my best in terms of doing it and I am, you 09800059.docx 28 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 know, when I'm out in the field, I always… I'm always being encouraged not only by the Legislatures but by the real people of America, that we have a lot to share and we have a lot to gain and learn from each other. So, please, you know, consider Turkey as one of those, you know, allies that will stand on your side and that will learn and give from… give to you as well a lot. So let me… let me finalize my short speech as to making your reference to… to that great leader, President Lincoln who once told that, you know, he said I'm not bound to win but I'm bound to be true, he said once. So, you will be seeing a Turkey that's not bound to win when it comes to, you know, its relations with its American friends. But you'll be seeing an ally that is bound to be always true to their American friends. So, and today by your… by your, you know, indulgence that I show up here and make this… make this speech, I'm definitely very much encouraged by this great, you know, honor that you bestowed upon me. So, I'll take this to my community and back to my capital as an encouragement. And thank you for this opportunity again."
"We'd like to remind everyone that this evening from 5 to 7 in the Office of the Secretary of State, on the second floor of the building, there'll be a reception offered by the Turkish community in the Midwest and all are invited to that reception. In addition, the Consul will be available for a short time to greet people who wish to greet him right now. Thank you."
"Members, continuing now on the Order of Senate Bills on Third Reading, on page 5 of the Calendar we have 09800059.docx 29 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 Senate Bill 2231. Representative Manley. Mr. Clerk, please read the Bill."
"Senate Bill 2231, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
"Representative Manley."
"I was looking forward to taking pictures, sorry. Good afternoon, Mr. Speaker, Members of the House. Senate Bill 2231 increases the maximum penalty for criminal damage to property and criminal defacement of property by one Class. If the damage occurs to property which memorializes or honors an individual or group of police officers, firefighters, members of the U.S. Armed Forces, National Guard or veterans, in short, they're heroes. Currently these penalties are in place as it relates to schools and places of worship. Senate Bill 2231 is a pro-public safety measure supported by the Department of Veterans' Affairs, the Chicago Police Memorial Foundation and the Chicago Fire Department Museum. The Bill passed unanimously out of the Senate two weeks ago. And there is no known opposition."
"Seeing no debate… Representative Reboletti."
"Thank you, Speaker. I'll try to be a little bit faster on the draw. Will the Sponsor yield?"
"Sponsor will yield."
"Representative, are you aware that when you say that a Bill passed the Senate unanimously that that's not one of the best mechanisms to which to ask us to support your Bill?"
"I… I was going to say that you were the chief co and that would've done it for sure." 09800059.docx 30 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013
"See, how things have changed. They didn't tell you we can haze on a fourth or fifth Bill, right? Just kidding. Mr. Speaker, to the Bill. Ladies and Gentlemen, about… oh about a year and a half or so ago, the Chicago Police Memorial was vandalized with graffiti, and I believe it was gang graffiti, and it happened actually two different times, I'm not sure of the extra date. I can't think of a more despicable crime than to actually deface a monument that recognizes heroes who gave their lives of protecting and serving our communities. So, that is why I'm a chief cosponsor and I would urge its passage. Thank you."
"Representative Manley to close."
"I would like to thank all of those who have cosponsored this including Representative Reboletti. Welcome others to do the same and I ask for an 'aye' vote. Thank you."
"Seeing no further debate, the question is, 'Shall Senate Bill 2231 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 114 voting 'yes', 0 voting 'no', and 0 voting 'present', Senate Bill 2231, having received the Constitutional Majority is hereby declared passed. Senate Bill 2233, Representative Currie. Mr. Clerk, please read the Bill."
"Senate Bill 2233, a Bill for an Act concerning local government. Third Reading of this Senate Bill."
"Representative Currie."
"Thank you, Speaker, Members of the House. The Chicago Public Building Commission has had the opportunity to engage 09800059.docx 31 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 in design build. This measure would expand the… the number of projects that could be built using the design build method and would extend for another five years, the life of the program, so there will be a new sense… a sunset on the program in 2018. The Bill has the support of the construction industry here in Illinois, Illinois Architects and Engineers. There is no opposition and I would appreciate your support. I'm happy, in the meantime, to answer your questions."
"The Lady moves for the passage of Senate Bill 2233. All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 82 voting 'yes', 31 voting 'no', and 0 voting 'present', Senate Bill 2233, having received the Constitutional Majority, is hereby declared passed. Senate Bill 2245, Representative Cloonen. Mr. Clerk, please read the Bill."
"Senate Bill 2245, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"Representative Cloonen."
"This Bill, 2245, is an initiative of the Collegiate Veterans Alliance and it gives priority registration for the veterans in the universities, the community college and the other areas of higher ed. And I urge an 'aye' vote."
"Seeing no debate, the Lady moves for the passage of Senate Bill 2245. All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 115 voting 'yes', 0 voting 09800059.docx 32 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 'no', and 0 voting 'present', Senate Bill 2245, having received the Constitutional Majority, is hereby declared passed. Senate Bill 2266, Representative Phelps. Out of the record. Senate Bill 2268, Representative Kay. Out of the record. Senate Bill 2270, Representative Reboletti. Mr. Clerk, please read the Bill."
"Senate Bill 2270, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
"Representative Reboletti."
"Thank you, Speakers, Members of the House. This is a… actually a commission of Livingston County which is nowhere near DuPage, but helping Senator Barickman deal with an issue in Livingston County in his district, which deals with aggravated home repair and home repair fraud. This would allow law enforcement to seize vehicles that were used in the commission of those crimes, so you could use… you could seize the truck or trucks if these crimes occurred two or more times within a 90-day window. I'd urge its passage. Thank you."
"On that, we have Representative Ford."
"Mr. Speaker, will the Sponsor yield?"
"He indicates that he will."
"So, Leader, would you think that this Bill is or this incident is isolated only to that area?"
"It… it actually is not. Home repair fraud occurs anywhere after a natural disaster, like we saw in Oklahoma, and so there was some issues there. It happens all the time. And people come in to prey upon those that are very vulnerable after they have issues with… with their homes. And so, they 09800059.docx 33 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 pay moneys to these contractors who then take off with the money and don't do the repairs."
"So, what's the penalty right now?"
"These are the same… the penalties do not change. I think one's a Class 4 and one's a Class 3 depending if it's a senior or disabled person, the amount of the fraud. What this allows it to do and so like a drug case if you could seize the vehicle that was used to deliver the drugs, this would allow law enforcement to seize a work van that was used in the commission of these crimes, if there were two or more occasions in which this happened in a certain time frame. So, that's all it does."
"So… so, is it possible that I could leave my vehicle at home and a nephew decides to use the vehicle, and I'm out of town, and they use it two or three times and I'm not aware, what type of permission slip is needed to say that you're giving the consent to the user to use the vehicle?"
"In… in all forfeiture provisions, there's an innocent owner defense. So, that if you loaned your vehicle to a friend or family member and you had no idea that they were going to use it in criminal activity, the first time you get a pass you get your vehicle back, in this situation. Otherwise, if you knew they were going out to commit criminal activity, the vehicle could be seized or after you loan… you got that vehicle back and loaned it to them again, you're basically on notice, Representative, that they've already used that vehicle in the commission of a criminal offense; therefore, you should have known that they may use it again. So, if… if you allowed your nephew to use your work… your van and they 09800059.docx 34 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 used it for work, you wouldn't be held liable the first time around."
"So, what happens if it happens consecutively in three consecutive days, three different jobs and I loaned the vehicle for a week and I'm going out of town and it's done three consecutive times?"
"I think it's the same thing. As long as you did not know, you could go to court and say, I'm an innocent owner, I was out of town, my nephew had to use the vehicle for work. I had no idea he'd be committing home repair fraud. So, that's why we also have it being used in, it's a 90-day window and be used two or more times. So, it is… it isn't even one instance where there may be a contractual dispute with the homeowner, this is something more than that. And the state's attorneys still have to prove the underlying crime as well."
"What about the Amendment that was in the Senate that… It passed in the Senate with an Amendment. I think your Amendment removed their Amendment?"
"My understanding is that there was an understanding in the Senate that Senator Barickman would send the Bill over here, find a Sponsor who would help fix the legislation so that it would do what its intention was, which was to allow the sheriffs or law enforcement to seize the vehicles correctly, that being adding in home repair fraud and aggravated home repair fraud. So, there was… they said there was an issue with its implementation over there and they knew it would need to come over here for some type of issue. So, this was offered by the Senate, or at least a Sponsor to try to address the issues in the Senate." 09800059.docx 35 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013
"All right. Thank you very much."
"Thank you."
"Representative Bradley."
"Sponsor yield?"
"Sponsor will yield."
"You said Williamson County twice."
"Livingston, Livingston County."
"Okay. All right. Thank you."
"I did not use your county in debate."
"My only question."
"Thank you."
"Representative Bost."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"No."
"Never mind then."
"Representative Reboletti to close."
"I'd urge an 'aye' vote. Thank you."
"The question is, 'Shall Senate Bill 2270 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 107 voting 'yes', 8 voting 'no', 0 voting 'present', Senate Bill 2270, having received the Constitutional Majority, is hereby declared passed. Senate Bill 2304, Representative Thapedi. Mr. Clerk, please read the Bill."
"Senate Bill 2304, a Bill for an Act concerning local government. Third Reading of this Senate Bill." 09800059.docx 36 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013
"The man from Cook, Representative Thapedi."
"Thank you, Mr. Speaker, from Morehouse College. Senate Bill 2304 is a matter of statutory construction and that it harmonizes the legislative intent relative to two statutes enacted in 1977. The first statute granted police powers for forest preserve districts and zoological societies with a population in excess of 140 thousand people. The second statute dealt with taxation powers of forest preserve districts with populations less than 3 million people. The Legislative Reference Bureau revisory Bill for that year erroneously combined the two statutes which destroyed the legislative intent of the Bills relative to police powers. This Bill clarifies the legislative intent of Public Act 80- 414 which is to grant police powers to all forest preserve districts with a population of 140 thousand people or more. There is no opposition. There was no opposition in the Senate. This Bill is supported by LRB, the Chicago Zoological Society and the Cook County Forest Preserve District. And I urge an 'aye' vote. And I'm available to answer any questions."
"Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?
"The Sponsor will yield." Davis, W.: "Representative, and I understand what you said about clarifying the intent of a… a long since passed Public Act…"
"Yes." Davis, W.: "…but when it comes to police powers of, I guess, entities that are not municipal police, things of that nature, my… my question would be, so with, as it relates to police power, so can park district police issue speeding tickets?" 09800059.docx 37 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013
"No." Davis, W.: "They can't issue. So, when you talk about clarifying the police powers, is there anything in particular that was added or given to them that…"
"No, no. Now, Representative, the issue was the… the number of people in which they had authority to act. The statutes that were enacted back in 1977 were very clear, but when we do the revisory Bill, and you may recall that I did the revisory Bill earlier this year, when they combined the two into a separate Act, things got a little murky. So again, we're just being very, very clear that those police powers do in fact exist for those… those forest preserve districts and also for zoological societies with populations in excess of 140 thousand. There was no cap with respect to 3 million and those other issues." Davis, W.: "Thank you very much."
"Representative Thapedi to close."
"I ask for an 'aye' vote."
"The question is, 'Shall Senate Bill 2304 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 113 voting 'yes', 0 voting 'no', 0 voting 'present', Senate Bill 2304, having received the Constitutional Majority, is hereby declared passed. Senate Bill 2306, Representative Mautino. Mr. Clerk, please read the Bill."
"Senate Bill 2306, a Bill for an Act concerning employment. Third Reading of this Senate Bill." 09800059.docx 38 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013
"Representative Mautino."
"Thank you. This is a… Senate Bill 2306 adds an exemption to the Right to Privacy in the Workplace Act and it is very, very specialized small exemption and it deals only with allowing for the… to enable employers to comply with their requirements to report communications that are currently required under the state and federal insurance laws or the federal security laws. This would only pertain to accounts that are workplace-based. Be happy to answer any questions. Know of no opposition and I would ask for an 'aye' vote."
"Representative Flowers."
"Thank you, Mr. Speaker. Will the Gentleman yield?"
"The Sponsor will yield."
"Representative Mautino, can you help me to clarify what we're doing here, because I'm kind of confused. Are you prohibiting employers from asking for the password of… of different Facebooks and other types of accounts?"
"No. Actually, in this it would give the employer the right to request or require employees or perspective employees to provide those passwords only on professional accounts and only on those accounts which are required under security and exchange law and federal insurance law for reports. It makes a difference and a distinction between a personal and a professional account and that definition is the second thing the Bill does. It's supported by AFSCME the AFL-CIO and the extension is very, very narrow and only to professional accounts and it leaves in place the… the protections of the personal privacy that we put into law last year. These are the only ones required by Federal Law." 09800059.docx 39 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013
"Oh. What is a professional Internet account? Tell me…"
"A professional account is an account… or for a service or profile that's been created, maintained and used or accessed by a current or perspective employee for the business purposes of the employer. So, it would be a company-owned and managed accounts only. It is not a personal account."
"So, if it's a company-owned managed account…"
"I'm… I believe you may be looking at Amendment #2 which was never adopted to the Bill."
"No. I'm looking at Amendment #1. It eliminates the underlying Bill definition of professional cal…"
"Excuse me. We'll check with the Clerk. Amendment #1, which is much broader, has not been adopted to the Bill. That is currently in the Rules Committee. Mr. Clerk, could you verify that? Status of the Amendment 1."
"Mr. Clerk."
"Floor Amendment #1 is in the Rules Committee."
"So, this is just the Bill? Senate Bill 230…"
"Yes, this is just the underlying Bill, which is agreed by the unions and those protecting the ind… individuals as well, very narrow, not the broader exception."
"Thank you."
"Representative Ford."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates that he will."
"Leader, I passed this Bill a couple of years ago, it may be last year. Could you tell…"
"It was last year." 09800059.docx 40 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013
"…could you tell me how Senate Bill 2306 will undo what we passed and the Governor signed?"
"It does not. You dealt with personal accounts. This only deals with those employees right now who work for companies that work in the securities and exchange area and the Federal Law requires these to be for those accesses and for those reports to be filed. So, this does not change any of the definitions of your legislation from last year other than only those that are required by State and Federal Law to do financial reporting."
"Well, why do you need the Bill if… When you think about a company…"
"Because, Representative, if we didn't have this language then we would be out of compliance with the Federal Law and those people who work in the areas where we must report security and security exchange and federal insurance laws, would then actually have to be fired."
"So, you're saying without this Bill the… the employer…"
"Yes. Without this Bill we must fire people."
"The employer cannot ask for the password of an account?"
"We even, in order to ensure that your law and the integrity of that stayed in place, there are two provisions which are definition of 'personal account' which is where you were concerned and the definition of 'professional accounts'…"
"So…"
"…so your actions are protected. These are what is required by law." 09800059.docx 41 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013
"The only thing that I'm concerned about is when an employer administers an account they already have access to passwords because they administered a password and if an individual changes the password they still have the administrative power to override it. So, I don't understand why this is needed."
"They may in some circumstances but not in all and in this situation, all of these companies are required by law to report all of the employees. So, this clarifies that and states that exemption placing it into Illinois statute."
"So, I guess 49 other states have already passed this?"
"I never checked. I do know that the Federal Government has said we do have to pass it because our Insurance and Securities Code are out of compliance with their law."
"The Federal Government also says we must implement the expansion of Medicaid, but we're questioning whether or not we need to do that…"
"Actually, had the court case on that one gone a different way that we would have been required. Right now, they left it to each state to decide."
"Well…"
"But for this one…"
"…let me just say…"
"…they didn't leave us that option."
"…the President would like for us to implement it. And so, you're saying that this Bill, if we don't do this, then we could be out of compliance with the Federal Government?"
"We actually are out of compliance with the Federal Government."
"And what's the penalty for that?" 09800059.docx 42 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013
"Well, for the employer is, they would not be able to keep that employee whether they have currently already hired him or he is pro… he has been interviewed to be hired. They would not be able to keep him as an employee and if he is an employee, they would have to fire him."
"And my final question is, how would this Bill sort of…"
"Oh, there's not a penalty phase in this."
"No penalty. This Bill… what I'm afraid of about the Bill is, it would give employers the illusion that they can infringe on personal workplace social media. How does this Bill prohibit that and prevent that from happening? I mean, are there penalties for companies that violate this Act by…"
"Your Act would still stand, Sir."
"Okay."
"This… this Bill has nothing to do with personal accounts. In fact, it says in the language of the Bill that you may not and shall not…"
"They're righ."
"…apply them to personal accounts."
"All right. The Bill came up so fast that I did not have an opportunity to read the full analysis and I'm going to take your word that this is something that we need. And I'll continue to read it, so I'll vote 'present'."
"Thank you, appreciate it."
"Representative Fortner."
"Thank you, Speaker. To the Bill. I rise in strong support of this piece of legislation. As I was last year, a very strong supporter of the Facebook Privacy Act that was passed and signed into law. As a principal cosponsor of that 09800059.docx 43 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 Act last year, it came to my attention very late in the process of passing that Act that there were problems with the applicability of that Act specifically to members in the insurance profession and other regulated federal activities. This is a necessary cleanup to make sure that we're able to do what we need to do, protect the privacy of people with their personal accounts that are separate from what they're doing with their jobs and their other employment-related activities, but not in any way jeopardize those businesses that have a federal requirement to do certain type of checking. I think this cleanup will address that and I urge an 'aye' vote."
"Representative Mautino to close."
"Appreciate an 'aye' vote."
"The question is, 'Shall Senate Bill 2306 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 113 voting 'yes', 0 voting 'no', and 2 voting 'present', Senate Bill 2306, having received the Constitutional Majority, is hereby declared passed. Senate Bill 2314, Representative Wheeler. Mr. Clerk, please read the Bill."
"Senate Bill 2314, a Bill for an Act concerning health. Third Reading of this Senate Bill."
"Representative Wheeler."
"Thank you, Mr. Speaker. Senate Bill 2314 requires the Department of Public Health to mandate every provider of mamo… mammogram services to notify and inform a patient if dense 09800059.docx 44 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 breast tissue is discovered during a mammogram. It must be included in the summary. I urge an 'aye' vote."
"Representative Bellock."
"Thank you very much, Mr. Speaker. Just to the Bill. This is an extremely important issue that really was not… not much was known about this up until about the last four years. So, I encourage everybody to vote for this and all women to make sure they tell their doctors to report on this to them because the last meeting I was at, at a national conference, all four women that testified had had their breast examine the year before perfectly fine, and one year later all four were in stage four breast cancer. So, I appreciate your support of the vote and I thank Representative Wheeler for bringing this forward. Thank you."
"Representative Wheeler to close."
"Thank you. Mammograms miss 40 percent of breast cancers in women with dense breast tissue. I carry this Bill proudly for my sister-in-law who in June it will be her fourth anniversary of her death to breast cancer. And I doubt there's a person in this room that hasn't been affected in some way by breast cancer. I urge an 'aye' vote. Thank you."
"The question is, 'Shall Senate Bill 2314 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Davis, Riley, Brady. Mr. Clerk, please take the record. On a count of 115 voting 'yes', 0 voting 'no', 0 voting 'present', Senate Bill 2314, having received the Constitutional Majority, is hereby 09800059.docx 45 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 declared passed. Senate Bill 2318, Representative Sims. Mr. Clerk, please read the Bill."
"Senate Bill 2318, a Bill for an Act concerning local government. Third Reading of this Senate Bill."
"Gentleman from Cook, Representative Sims."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 2318 it amends the Illinois Municipal Code. It allows for either active duty or retired police officers to serve Circuit Court summons and complaints for ordinance violations occurring within the City of Chicago. Under current law, only active duty sheriffs or police officers have this authority. And this… this initiative is an initiative of the City of Chicago that would ultimately put more police officers back on the street and would assist the officers who are serving those summonses who serve approximately 14 thousand summonses to execute their duties. I'd answer any questions and ask for an 'aye' vote."
"Representative Reboletti."
"Will the Sponsor yield?"
"The Sponsor will yield."
"Representative, was there an issue with House Bill 3006 that I was proud to be a chief cosponsor with Representative Dunkin. Was there an issue in the Senate, they didn't like that over there?"
"No, I… I'm not aware of any issues over in the Senate, Representative, with Representative Dunkin."
"Thank you."
"Representative Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?" 09800059.docx 46 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013
"The Sponsor will yield?"
"On… just follow-up to Mr. Reboletti's question. We had a Bill that had been amended and had been worked out and I see that this does not have those same Amendments. And I wanted to ask you, the Amendment that Mr. Dunkin had put forward would allow private processors as well, servers as well, in order to put more police on the street. Why have we taken out the private process servers and only left retired or active duty police?"
"There was a concern raised by members of the Chicago Fraternal Order of Police relative to having civilians carry out these duties. They wanted individuals, and the city wanted individuals, who were police officers or who had sworn officer training to allow them to carry out these duties. They want… they felt it was an issue of officer safety and if there were civilians carrying out these duties, they'd be placed more in harm's way."
"But right now in every other jurisdiction in the state, civilians do, do this, correct?"
"That's correct. That was… this is the… the way that the city wished to carry out this initiative."
"And I understand, but I'm concerned though if we do this that it becomes a cottage industry for those that are retired and it makes it in such a way that no one else can break in. It's almost a monopoly because the only way you could get a contract is if you're a retired officer. So, anyone else who's in the private process server, who's already bonded, who's licensed, in order to create some competition, those folks could never break in and I could see the cost going up 09800059.docx 47 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 exponentially because there's absolutely no competition whatsoever."
"Well, again, this was an issue of… the safety of those individuals who are going to execute those duties. I've heard of instances where individuals who are executing these warrants have been injured in the line of duty and unfortunately, there have been some who've been killed in the line of duty. So, it makes sense to have individuals who have had sworn officer training, who are experienced as sworn officers to be able to execute the… the tenets of this… of these duties."
"Do we require bounty hunters to have training, police training?"
"That's… that's not a part of this Bill."
"No, I understand that…"
"I'm not sure."
"…but that's… that's inherently more dangerous. If you have someone who's a fugitive and you're trying to bring them in so you can get their bond money, we don't require those folks to be former police officers."
"This initiative, again, that… Senate Bill 2318 doesn't speak to that… that issue. It speaks to the issue of carrying out ordinance violations and executing summonses within the city. Now these officers, the sworn officers, have a success rate of between 75 and 80 percent. This would… when you have sworn officers who are… who are retired officers who will be carrying out these duties, I would assume and surmise they'd have the same success level." 09800059.docx 48 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013
"But they don't have any additional training. This is someone… what you're doing is serving someone with a summons, either you're serving them in person or you're serving someone who lives with them in person, and in some cases, it's not even in person. In some cases, all they have to do is tack it to the door, correct?"
"But these individuals at some point were sworn officers. They received training as sworn officers and were able to carry out the duties of a sworn office… of a sworn officer. So, you'd have these individuals. They are retired… they're retired from active duty but putting them back in harm's way, they will be retrained to assist them in the execution of these duties."
"Mr. Sims, I'll give you this, you stay on message better than most. I'll give you that. You're very good."
"I try, Representative."
"I'm going to remember that, that's good. I'm going to speak to the Bill though briefly, and I appreciate what my friend's trying to do. My concern though is the… what happens with the law of unintended consequences and what we're doing here is we're creating a monopoly for a privileged set that no one else can break into under the guise of safety where we don't require the same safety regulations for much more dangerous occupations. I understand what they're trying to do, but I think it's poor public policy. I think those that have been trained to service a summons and who are bonded and licensed should also be able to do that and to limit it only to retired officers is only going to increase the cost 09800059.docx 49 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 exponentially, create monopolies and fiefdoms. I'd encourage a 'no' vote."
"Representative Acevedo."
"Will the Sponsor yield?"
"Sponsor will yield."
"Representative, is this for the Corporation Council?"
"I couldn't hear the question, Representative, I'm sorry."
"Is this basically for the Corporation Council summons that you're speaking of?"
"Yes. This is… these are ordinance violations under… under the Chicago Municipal Code, yes."
"And the reason why you're passing this legislation is because you want qualified individuals who have police powers to put out these summons."
"Leader Acevedo, your… your comments are right on point, Sir, yes."
"Okay. Ladies and Gentlemen, to the Bill. You… you might think just to deliver a summons is an easy job. It's not an easy job; it's a very, very dangerous job. You… you need the police training. You go into some of these neighborhoods and most of the time you're working by yourself and you're put in some dangerous situations, so you have to be ready, prepared to handle yourself. And I'm going to tell you something. At one point, myself, Senator Munoz and a very good friend of ours, Mr. Donny Marquez, we all worked in the same unit and we were doing summonses. Now, besides doing summonses, sometimes the judge might order what they call a body attachment. A body attachment means if that individual does not answer those summonses, we're sent out to go arrest them 09800059.docx 50 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 and bring them personally to the judge. But one night, Donny Marquez and another individual from our unit went to do that and as they went through the door with a sledge hammer, Donny Marquez was shot in the head, in the chest and in his stomach, ultimately died in the line of duty. So this is not an easy job where you can just send out civilians; you need qualified people. I think it's unfair to say it's a monopoly. I… I think… I think what we're just trying to do is make it safer for any individual who are turning out these summonses. So, I truly urge an 'aye' vote."
"Representative Sims to close."
"Thank you, Mr. Speaker. I'd like to thank Leader Acevedo for those words because that's… he must have been reading my closing. This is really about putting qualified individuals on the streets to carry out the tenets of these duties. And I… I appreciate the debate from my friends on both sides of the aisle. And I'd appreciate an 'aye' vote."
"The question is, 'Shall Senate Bill 2318 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Jones, Pihos, Re… Mr. Clerk, please take the record. On a count of 106 voting 'yes', 9 voting 'no' and 0 voting 'present', Senate Bill 2318, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Agreed Resolutions."
"Agreed Resolutions. House Resolution 366, offered by Representative Walsh. House Resolution 367, offered by Representative William Davis. House Resolution 368, offered by Representative Phelps. House Resolution 369, offered by 09800059.docx 51 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 Representative Fine. And House Resolution 371, offered by Representative Poe."
"Mr. Clerk, committee announcements. I'm sorry. Representative Currie moves for the adoption of Agreed Resolutions. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Resolutions are adopted. Mr. Clerk, committee announcements."
Clerk Hollman: "The following committees will be meeting immediately after Session. Agriculture & Conservation meeting in Room 114, Consumer Protection is meeting in Room C-1, Environment is meeting in Room D-1, Transportation: Vehicles & Safety is meeting in Room 115, and Veterans' Affairs is meeting in Room 413."
"Ladies and Gentlemen, at this time, Members should plan on being in Session this Sunday and Monday. An announcement will be made later this week on Saturday's Session. And now… I'll repeat, I'll repeat one more time. At this time, Members should plan on being in Session Sunday and Monday and an announcement will be made on the status of Session for Saturday. Thank you. And now, allowing perfunctory time for the Clerk, Leader Currie moves for the adjournment of the House until Wednesday, May 22 at the hour of 11:30 a.m. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the House is adjourned."
"House Perfunctory Session will come to order. Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules reports the following committee action taken on May 21, 2013: recommends be adopted, 09800059.docx 52 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 59th Legislative Day 5/21/2013 referred to the floor is the Motion to Concur with Senate Amendment #1 to House Bill 101. Introduction and First Reading of House Bills. House Bill 3631, offered by Representative McAuliffe, a Bill for an Act concerning State government. House Bill 3632, offered by Representative Brady, a Bill for an Act concerning public employee benefits. These are referred to the Rules Committee. Second Reading of Senate Bills. Senate Bill 1750, offered by Representative Bradley, a Bill for an Act concerning regulation. This Bill will be held on the Order of Second Reading. There being no further business, the House Perfunctory Session will stand adjourned." 09800059.docx 53