"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 23, 2013: recommends be adopted for the floor is Floor Amendment #1 to House Joint Resolution 37, Floor Amendment #3 to Senate Bill 1603, Floor Amendment #2 to Senate Bill 1639, Floor Amendment #2 to Senate Bill 2371."
"The House will be in order. Members will be in their chairs. We shall be led in prayer today by Pastor Karl Gibbs who is Pastor with Our Savior Lutheran Church in Milford, Illinois. Pastor Gibbs is the guest of Representative Harms. Members and guests are asked to refrain from starting their laptops, turn off cell phones and rise for the invocation and Pledge of Allegiance. Pastor Gibbs."
"Thank you, Mr. Speaker. Let us pray. Almighty God, in Your word You remind us that government is a gift from You put into place as a means by which You care for us and You provide for our good. Oh Lord, we humbly ask this day that You would bless all of our Leaders, the President of our great nation, the Congress of the United States, Governor Quinn and all who make, administer and judge our laws. This day we ask that You would especially be with those Leaders in the State of Oklahoma as they work to bring relief to those who are suffering so immensely. And Lord, especially this morning, in this place, I come before Your holy throne asking You that You would bless the men and women of this great State's General Assembly with Your spirit that in all of their discussions and in all of their actions they would remember 09800061.docx 1 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 that they are Your instruments to care for all people, even the least and most vulnerable among us and to promote stability and tranquility in our communities. And finally, Oh Lord, we ask that You would watch over the families of those who serve here today, serving away from their homes. Keep their families safe and all things that at the conclusion of their service here they may all enjoy a joyful reunion at home. In Jesus' name we pray, Amen."
"We'll be led in the Pledge today by Representative Sommer."
"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 show that Representatives Arroyo, Ford, Hernandez, Manley and Soto are excused today."
"Mr. Bost."
"Thank you, Mr. Speaker. Please let the record reflect that not only all of the Republicans that are here but that we're just dying and really wanting to work for the people, 'cause we are here."
"We've heard that before, Sir. Mr. Clerk, please take the record. There are 113 Members present, we do have a quorum. Mr. Clerk."
Clerk Hollman: "Committee Reports. Representative Nekritz, Chairperson from the Committee on the Judiciary reports the following committee action taken on May 22, 2013: do pass as 09800061.docx 2 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 amended Short Debate is Senate Bill 56, Senate Bill 1330, Senate Bill 1912, Senate Bill 1968; recommends be adopted is Floor Amendment #1 to Senate Bill 1872, Senate Joint Resolution 27. Representative Mayfield, Chairperson from the Committee on Public Safety: Police & Fire reports the following committee action taken on May 22, 2013: do pass as amended Short Debate is Senate Bill 1680. Representative Hoffman, Chairperson from the Committee on Labor & Commerce reports the following committee action taken on May 22, 2013: recommends be adopted is House Resolution 214. Representative Nekritz, Chairperson from the Committee on the Judiciary reports the following committee action taken on May 23, 2013: do pass as amended Short Debate is House Bill Senate Bill 2193. Representative Daniel Burke, Chairperson from the Committee on the Executive reports the following committee action taken on May 23, 2013: do pass as amended Short Debate is Senate Bill 1655, Senate Bill 1884; recommends be adopted is Floor Amendment #1 to Senate Bill 2234. Introduction of Resolutions. House Resolution 383, offered by Representative Brady and House Joint Resolution 42, offered by Representative Flowers. These are referred to the Rules Committee."
"Representative Osmond."
"Thank you, Mr. Speaker. Point of personal privilege."
"Please proceed."
"I would like to ask the Members of the General Assembly to give a welcome to Lake County State's Attorney Mike Nerheim and his assistant Steve DeRue. They're up here in the gallery." 09800061.docx 3 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013
"Welcome to Springfield. Glad to have you here. On page 6 of the Calendar, under the Order of Senate Bills- Second Reading, appears Senate Bill 41. Mr. Clerk, please read the Bill."
"Senate Bill 41, a Bill for an Act concerning revenue. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. On page 7, Senate Bill 1603, Representative Kelly Burke. Please read the Bill."
"Senate Bill 1603, a Bill for an Act concerning finance. This Bill was read a second time on a previous day. Amendment #1 was adopted in committee. Floor Amendment #3, offered Representative Kelly Burke, has been approved for consideration."
"Representative Burke." Burke, K.: "Thank you, Mr. Speaker. Floor Amendment 3 makes some technical changes and in addition, removes a provision relating to clean coal from the Bill and that was done at the request of the environmental groups. I ask for its adoption."
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Senate Bill 1931, Mr. Demmer. Please read the Bill."
"Senate Bill 1931, a Bill for an Act concerning education. Second Reading of this Senate Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Demmer, has been approved for consideration." 09800061.docx 4 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013
"Mr. Demmer."
"Thank you, Mr. Speaker. Floor Amendment 1 just makes some technical corrections to referring to some associations in the state. I ask for its adoption."
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments have been approved for consideration. No Motions are filed."
"Third Reading. Senate Bill 2371, Mr. Hays. Please read the Bill."
"Senate Bill 2371, a Bill for an Act concerning gaming. Second Reading of this Senate Bill. No Committee Amendments. Floor Amendments 1 and 2 have been approved for consideration. Floor Amendment #1 is offered by Representative Beiser."
"Mr. Beiser."
"Thank you, Mr. Sponsor. I would request that this Amendment be adopted. What it does is, it just adds language that says that this is not to be construed as a new enactment so that the people that have applied and because they've been denied because of a interpretation of definition by the Gaming Board that they will not have to reapply."
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"Floor Amend… Floor Amendment #2 is offered by Representative Beiser and has been approved for consideration." 09800061.docx 5 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013
"Mr. Beiser."
"This is also cleanup language in order to have the Gaming Board's interpretation of social clubs meet with their approval and so I ask for its adoption."
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Returning to Senate Bill 1456, Mr. Moffitt. Please read the Bill."
"Senate Bill 1456, a Bill for an Act concerning local government. This Bill was read a second time on a previous day. No Committee Amendments. Floor Amendment #1 has been adopted previously. Floor Amendment #2, offered Representative Moffitt, has been approved for consideration."
"Mr. Moffitt."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I want to just clarify on 1456. There were two Floor Amendments and we said we would take them back to committee if necessary. I'm going to move to postpone Floor Amendment #2 or table, excuse me."
"Gentleman… Gentleman asks leave to table Amendment 2. Leave is granted. Amendment 2 is tabled."
"And with… with Floor Amendment 1, that's an agreed Amendment and I talked to the committee chair, who I do not see here. This is an agreed Amendment. This language was provided by the Associated Firefighters. They were the ones that had a question about the original language. So, that's 09800061.docx 6 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 an agreed Amendment and with Amendment 2 tabled, there's no… there are no opponents."
"So, Floor… Mr. Clerk, what is the status of Amendment 1?"
"Floor Amendment #1 was adopted previously."
"So, this Amendment was adopted previously. So, you're ready to move the Bill to Third Reading, Sir? Mr. Clerk."
"Yes. We'd like to move it to Third after tabling Amendment 2."
"Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Senate Bill 628, Representative Flowers. Please read the Bill."
"Senate Bill 628, a Bill for an Act concerning regulations. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 1470, Mr. Bradley. Please read the Bill."
"Senate Bill 1470, a Bill for an Act concerning regulations. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No further Amendments. A fiscal note has been requested but not filed at this time."
"Please hold that Bill on the Order of Second Reading. Senate Bill 1852, Mr. Reboletti. Please read the Bill. It worked, Sir."
"Senate Bill 1852, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. No Committee 09800061.docx 7 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 Amendments. Floor Amendment #2, offered by Representative Reboletti, has been approved for consideration."
"Mr. Reboletti."
"Amendment #2 clarified some language. We changed it from investigating criminal activity to… from an offense to criminal activity. So, I'll take any questions on the Amendment."
"Gentleman moves for the adoption of the Amendment. 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."
"Third Reading. On the Order of Senate Bills-Third Reading, on page 3 of the Calendar, there appears Senate Bill 1358, Leader Turner. Please read the Bill."
"Senate Bill 1358, a Bill for an Act concerning public aid. Third Reading of this Senate Bill."
"Mr. Turner."
"Thank you, Mr. Speaker. Senate Bill 1192 provides the Department of Juvenile Justice with the… Wait, I'm sorry. I'm on the wrong Bill. Senate Bill 1358 is a… it amends the Supreme… Excuse me, one second. Mr. Speaker, can I come right back to this Bill?"
"Out of the record. Senate Bill 1530, Mr. Tryon. Please read the Bill."
"Senate Bill 1530, a Bill for an Act concerning transportation. Third Reading of this Senate Bill."
"Mr. Tryon."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 1530 is first and foremost an IDOT cleanup 09800061.docx 8 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 Bill which will, again, allow slow-moving vehicles, like golf carts, to be able cross state highways and cities that have ordinances that permit them. The second thing it does is it exempts competition rowing events from having to wear life jackets such as Olympic trials and events that we host in and around Chicago on our inland lakes. And all aspects of this have been agreed both with IDOT and IDNR. If there's any questions, I would be glad to answer them; if not, I would urge an 'aye' vote."
"Gentleman moves for the passage of the Bill. The Chair recognizes Mr. Bost."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields."
"Just… was the last, or maybe an inquiry of the Chair, Mr. Speaker. Was the last speaker that spoke Art, or is this Art?"
"Would you ask that question again, Sir?"
"Yes. I was wondering if the last Speaker that spoke was Art or is this Art? I heard about an Art Tryon that was around and I…"
"It's the Art Caucus, Art Tryon."
"Art Tryon, okay. I was just wanted to confirm who was speaking."
"I will tell you that today Representative Tryon is here and I have no idea what happened to Art. There was a siting of him last night somewhere, they told me, playing a guitar or something, but he's not here this morning so."
"Those in favor of Art's Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Members, really, the 09800061.docx 9 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 switches are right in front of you. Have all voted who wish? Acevedo, Burke. Please take the record. On this question, there are 101 voting 'yes', 12 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair reluctantly recognizes Mr. Reboletti."
"Mr. Speaker, I think we're all familiar where the switch is, but sometimes you can't see us voting 'cause you're busy doing other things as well. So, I think it's… it's fair that it's mutually reciprocal that we all pay attention then."
"Fine, Sir. Returning to Mr. Turner's Bill, Senate Bill 1358. Mr. Clerk."
"Senate Bill 1358, a Bill for an Act concerning public aid. Third Reading of this Senate Bill."
"Mr. Turner."
"Thank you, Mr. Speaker. Art Turner, here, ready to perform. This Bill will amend the Department of Healthcare and Family Services duty to enforce and collect child support interest. It will provide for the 206 thousand in child support orders established between May 1, '87 and December 31, 2005. HFS will be pro… they will be required to provide a onetime notice to custodial… custodial parents advising them… advising that they must notify HFS within 60 days if they want HFS to continue to compute any interest. If the custodial parent does not provide notice within 60 days, it eliminates the duty to enforce and collect interest for the case. The custodial parent can, however, go and take private court action after the fact that they will like to pursue that interest and HFS will calculate it. For the post-2006 09800061.docx 10 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 cases, which compromise the majority of HFS's caseload, they will still have a duty to collect and enforce all of the interest on child support. I'd ask for an 'aye' vote."
"Mr. Franks."
"Thank you, Mr. Speaker. Will Leader Turner yield?"
"Sponsor yields."
"Art, I'm looking at what you're trying to do here and I'm not sure I understand it. I think you're trying to allow the Department of Healthcare and Family Services not to collect certain interest on child support payments?"
"Right. So, there's for… for cases… the way the child support is collected on cases before 2006 when the system went automated is all manually to do… to do these interest calculations. And many times, the people are… who… who owe this interest in large amounts are… are insolvent or don't pay. The department doesn't really collect on many of these interest calculations and payments. So, they're going to provide the families still with the opportunity to, you know, pursue this interest, if… if they would like, but if not, then we're not going to do the calculation on those interest for those cases. Now, for the most current cases from 2006 on, from the point where we went to the automated, to the computer system, we will continue to calculate the interest on those."
"Well, why wouldn't we do it anyway? I mean, how is this harming the department? How much extra work is it?"
"It's a lot of extra work and if the department had to continue to do it, they would… to get up to their federal requirements, it would… it would cost… they would have to do 09800061.docx 11 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 some outside contracting. You know, it would cost about $15 million."
"I'm… I'm concerned on this. One of the Bills I worked on, one of the first Bills when I came in as a new Legislator, was to have interest accruing for people who don't pay their child support and I'm worried that this would weaken the penalties that we put forward. Now, I understand there's two issues here, one is the interest would still accrue, but the second was, you're saying, is they're not collecting it and there's a real problem with deficiencies in the collection and this is somehow causing a ministerial issue with the department?"
"So, the Illinois Supreme Court in 2… in 2011, the Illinois Supreme Court ruled that child support orders established on May 1, '87 and onward must be treated like court judgments which accrue interest. Prior to the 2011 case, Illinois courts used their discretion in assigning interest to unpaid child support payments and HFS did not calculate interest. The majority of the states leave it to the court's discretion to assign interest to unpaid child support payments. So, parents who wanted to pursue their interest or…"
"But each of the court orders, when you have a judgment, would be explicit on whether interest is accruing. So, perhaps… so, for instance, if there's a judgment, it'll say x amount of dollars. It will say $5 thousand plus interest, plus court cost, plus perhaps attorney's fees. So, those judgments would have an interest… an interest component. I'm 09800061.docx 12 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 concerned that if we pass this Bill that those… that interest will just be thrown out."
"No, the interest will not be thrown out. And it… the… the court still has the authority to enforce the interest. So, if you want to enforce that interest and do that, you can still go to the courts, have the interest enforced, would… HFS would do the calculations and things will go as normal."
"So, what would this Bill do? I'm not sure I understand then if the, you're just saying they're not going to calculate the interest?"
"They're not going to do it on those older cases where they have to do it manually. So…"
"Okay."
"All right. It doesn't affect the majority of child support cases. Long question, Jack."
"All right. I think I understand and to the Bill. And I appreciate what the Gentleman's trying to do; I would disagree with the premise of this Bill though. The people who haven't paid child support are those that have not done their most fundamental obligation to their families and to somehow alleviate them from having to pay interest because it's a burden upon the state to calculate it, I think sends the wrong public policy message. For folks who aren't paying their child support, not only should they have to pay interest, I think they should also lose their professional licenses and their driver's license. 'Cause remember, most of the time it's the non… well, it's the noncustodial parent who's making a single mom who's trying to make it on one paycheck raising children while not getting child support from the parent of the child 09800061.docx 13 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 and then that mom is probably having to go borrow money and she has to pay interest. But then we're saying the cus… the noncustodial father is getting a break here and I think that's the wrong message to send. And I'd encourage a 'no' vote."
"Representative Bellock."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"I'm looking for this, anyways, I don’t know. I agree this is somewhat confusing because it looks like the state is going to spend $15 million for an outside vendor to go after cases. Are those cases before 1987 or after 1987? It's a little confusing on our analysis."
"It's between '87 and 2006."
"So, between '87 and 2006 those cases were all done manually?"
"Yes, Ma'am."
"Okay. And now the Supreme Court decision has mandated this?"
"Yes."
"Okay. And it's a onetime notice that in 60 days the custodial parent has to do something about this?"
"The custodial parent can notify the department that they would like them to continue to compute the interest on… on their situation or they can say, look, I've worked something out or we're not interested in pursuing the interest on this child support levy."
"Okay. How do they possibly notify some of those custodial parents going back all the way to 1987? What if 09800061.docx 14 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 they've moved out of the state? 'Cause it says in 60 days they can take it to court if they don't respond. Is that correct?"
"Can you just repeat your question, please?"
"I don't understand how they're going to contact every one of those custodial parents from 1987. What if they've moved out of town and they… In here it says they only have 60 days to respond or they can be taken to court. Is that correct?"
"I don't believe that they can be taken to court. They… they can take their case, their situation to court if… if they don't respond to the department and say that, look, I want you to continue to compute this interest. The end… the notification will be by… by mail, I would believe, Representative, to their last address and… and in most situations the interest is not even collectable."
"That's what… I guess that's my point is they're going to spend $15 million?"
"The court says that they have to… they have to do this."
"Thank you."
"Yes."
"Representative Tracy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative Turner, as I understand when this was presented in committee, the department testified that, one, we're only talking about the amount of cases that are within the public aid realm. It's not all dissolution cases that involve child support. Isn't that correct?" 09800061.docx 15 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013
"That's correct, Representative. That's correct."
"And so, those that are within the purview of the pu… Department of Public Aid, they don't have the staff to do calculations of the interest beyond a certain date when we weren't computerized. Isn't that correct?"
"They have three people dealing with these cases."
"And so, we talked about in committee that actually the number of cases that they actually collect interest on is… is nominal, isn't that right, because the payors don't… they're generally insolvent or unemployed?"
"That's right. It's a very small percentage."
"So, and we also discussed as I recall, my question to them was, is… does that prohibit the person who's owed the original child support, which would be the custodial parent, that if nothing we're doing stops them from trying to collect the interest on their own?"
"That's correct."
"Because we were concerned about the instance, as I recall, that if someone won the lottery or inherited a lot of money or somehow became gainfully employed again and had the ability to pay this, that nothing we're doing would prohibit that money and interest from being collected from the custodial parent and then of course the Public Aid would have to be paid back their amount?"
"That's correct. They could still pursue it in court."
"Okay. Okay. And to the Bill. I, too, had questions about this 'cause we're… great concerns about prohibiting or… or stopping, but really this Bill only pertains to a number of child support cases that are being collected by the Department 09800061.docx 16 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 of Public Aid, goes back a great number of years to when the department didn't have computerized systems. And they simply don't have the staff. It's a kind of a… a more useful application of their current resources, and that if the custodial parent wants to pursue the interest, they certainly can at any time, but in the meantime, the department won't have the burden of calculating this all the time. So, for this reason, I supported the Bill in committee and will support it on the floor. Thank you."
"Representative Flowers."
"Thank you, Mr. Speaker. Will the Gentleman yield?"
"Sponsor yields."
"Representative, a few years ago, under the Ryan administration, I believe, there were quite a few overpayments of child support sent to the custodial parents, quite a few, and it was established then that we would not be able to collect those overpayments. So, how would we address this matter if some of those parents who got overpayment decide that they want to collect interest? And we were not able to collect on the overpayments that we gave them?"
"Representative, I'm not really familiar with that situation. This Bill deals with interest payments on… on child support owed…"
"Yeah."
"…and it just… it's not taking away the duty to or the… it's… it's just what the department determines is owed and that's all this Bill deals with. I'm not sure how that ties in with that situation. I'm sorry." 09800061.docx 17 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013
"Because both of them are dealing with child support and in this issue where the overpayments were made, it was to the custodial parents."
"I'm not sure that this will have any effect on that."
"Okay. Thank you."
"You're welcome."
"Mr. Reboletti."
"Thank you, Speaker. Will the Sponsor yield?"
"Of course."
"Leader, how many cases are pending right now from 1987 to that 2006 time frame?"
"Two hundred and six thousand, Representative."
"Two hundred and six thousand?"
"Yes, Sir."
"And those are… are those active cases that the department is still trying to seek some type of revenue from, some type of amount?"
"Yes, Sir."
"And what would the… I think the department testified in committee, what is the collection rate on those… out of those cases? It was a very low percentage, maybe like 3 or 4 percent. That sound about right?"
"I… that sounds about right for the old cases. I know from 2006 going forward it's… it's about 3 or 4 percent."
"So, if we say 2006 forward, we can probably assume maybe even less going back to 1987."
"Correct, correct."
"And the department may not even know if there was a private arrangement between the parties that, well, you owed 09800061.docx 18 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 me a thousand dollars, but I gave you 500 and we're okay with that. The department would have no idea that there had already been a private remedy. Could that…"
"Correct. That's correct, Representative."
"Is that fair to say?"
"Yes, Sir."
"But nobody in any way, shape or form is trying to take away the opportunity for a parent, the custodial parent, to try to get what is due and owing for the children?"
"Correct, that is right."
"And all we're trying to do is save the state some money so they could use those resources elsewhere to collect on more current cases and give the party an opportunity to say, hey, I want you to keep calculating this interest or no, that's okay, don't worry about it?"
"We just want to save the state some money."
"And the notice would be… what type of notice? I think Representative Tracy asked you or somebody else asked you?"
"I think it would be notice by mail to the last known address."
"Which of course from a court or from the DH… the department's perspective, the parent, the custodial parent is only supposed to make the court and the department aware of any new address. That's the burden on them, right?"
"That's correct, Representative."
"Representative, I think that this Bill makes a lot of sense, that it will help streamline the process that we not spend $15 million trying to calculate interest from 1987, when I was a sophomore at Eastern Illinois University and try 09800061.docx 19 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 to continue to go forward from there. So, it makes a lot more sense to do it this way. And I would urge an 'aye' vote."
"Thank you, Representative."
"Leader Turner to close."
"I just ask for an 'aye' vote."
"Those in favor of the Gentleman's Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves. Harris, Sacia. Please take the record. On this question, there are 88 voting 'yes', 25 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Mr. Dunkin."
"Thank you, Mr. Speaker. Point of personal privilege."
"Please proceed, Sir."
"Ladies and Gentlemen, up in the gallery, behind me, to my right and to that corner there, we have the China… the… a lot of… the Asian American for Advancing Justice here. We have the Chinese American Service League. We have the Pui Tak Center and we have just wonderful constituents representing Chinatown and all of our great Asians here in this city. Can you rise up and can we give them a nice, warm welcome and a round of applause. Welcome."
"Welcome to Springfield, happy to have you here. Under the Order of Resolutions appears House Resolution 365, Representative Nekritz."
"Thank you, Mr. Speaker. And I, too, would like to add my welcomes to the members of the Asian-American community that are with us today. I think we've got several hundred people here. There was a rally earlier in the… in the rotunda 09800061.docx 20 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 and it's… it's great to see the activism and the engagement in State Government that the Asian-American community is… is developing and I think they are to be applauded for that. In that… in that vein, we have Resolution 36… House Resolution 365 which speaks to the… the history of human trafficking around the world and especially in some of the Asian countries. There's a… a rather unfortunate history related to some of the and… and the Resolution speaks to comfort women, but it is… that's one aspect of the human trafficking history that we have in this… in this world. There were a number of Asian women that were, and women from all over the world but primarily Asian women, that were basically kidnapped and… and provided and then were sent to these comfort stations during World War II where they were essentially sex slaves for… for a number of soldiers in World War II. But the Resolution also speak… and so we would be honoring that history as well and recognizing that history, but we're also speaking to the history of human trafficking around the world and the fact that that still very much goes on in the United States of America, in this… in this state and that we have done several things in this legislation to try… to try to address that, most notably Representative Burke's Bill, to allow some of the crime victims assistance funds to be used to remove tattoos for those who are the victims of sex trafficking and other efforts that have gone on. So, I'm very honored to be represent… to be presenting this Resolution on behalf of so many of the Asian-American community that are here today. And I ask for your support." 09800061.docx 21 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013
"Mr. Welch. Mr. Welch. Your light was on, Sir, do you care to speak on this Resolution?"
"No."
"Those in favor of the Lady's Resolution will vote 'yes'; opposed… that will say 'aye'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. Mr. Acevedo."
"Thank you, Mr. Speaker. I rise in a point of personal privilege."
"Please proceed."
"I'd also like to welcome the Coalition of Better Chinese American Community organization that is in a part of the district I represent in… in Chinatown. Also other groups that have helped tremendously in passing very important immigration legislation down here at the Back of the Yards Community Council, Mujeres Latinas en Accion and Casa Michoacan. I'd like to… all welcome them to Springfield."
"Thank you. And they are welcome. Page 3 of the Calendar, Senate Bills-Third Reading, there appears Senate Bill 105, Mr. Phelps. Mr. Phelps, 105. Out of the record. Senate Bill 923, Mr. Hoffman. Read the Bill."
"Senate Bill 923, a Bill for an Act concerning transportation. Third Reading of this Senate Bill."
"Mr. Hoffman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill would allow on school buses the ability to have a camera and automatic traffic law enforcement systems. As amended, the Bill would allow local municipalities and local counties to… to work with school districts in order to enforce the law. The… the local counties would set up, through 09800061.docx 22 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 an intergovernmental agreement, an agreement with the school districts. There have been 51 children who have been killed in the last year as a result of people going around school buses while they were being unloaded. This would ensure that the safety of those children is paramount in the State of Illinois. And I ask for a favorable Roll Call."
"Gentleman moves for the passage of the Bill. The Chair recognizes Mr. Reis."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields."
"Representative, I was following your opening remarks here and you said that your Bill would allow school districts to install cameras on buses. Is this permissive?"
"Yes, totally permissive."
"So, the local school board and… would have the final say as to whether or not they would put them on?"
"Yes, totally. They would… they would… they would make an agreement with either the local municipality or local county who would do the enforcement of the violation, so there'd be an intergovernmental agreement. It's totally permissive. It'd have to be approved by not only the municipality of the county but also the school district."
"Very good. Finally, a Bill that allows school districts to do something to make the decision on their own. Thank you."
"Mr. Reboletti."
"Will the Sponsor yield?
"Gentleman yields."
"Representative, why would the school districts need to get permission from the municipalities or the counties? 09800061.docx 23 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 They're already, at least in our area, they're already elected officials. Why do they need to get permission from the municipality or the county?"
"Because if tickets are given as a… as a result of this, somebody has to basically carry out the violation. So, it would just be… it would be an ordinance violation that would either be with the municipality or the county that would…"
"But in all the communities that I represent, they each have their own local prosecutors that have their own local call, so I would… I'm just trying to figure out why the Addison Village would then… the school board for would then have to go and talk to DuPage County to ask permission because I don't think the State's Attorney's Office would be prosecuting those cases. It'd have to be an ordinance violation, so I don't know why we'd need that level. That's what I'm trying to find out."
"Well, the idea would be is that you'd go… these violations would be as a result of the cameras, okay? And so you would have to have the municipality, you'd have to do through an ordinance, through a civil proceeding, they would have to do the… essentially the prosecution. The school boards aren't set up to do that. Now, if you're currently like… did you say the Village of Addison?"
"Yeah."
"So the Village of Addison, they'll have an ordinance, but it'll be… but those ordinance violations are either written through… by Code enforcement that work for the Village of Addison or by a police officer that works for the Village 09800061.docx 24 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 of Addison. This would be a violation as a result of the… the automatic… or the camera."
"Where would the cameras be placed on the bus? And I'm not trying to give you a hard time, Representative, I've prosecuted these cases before. So, I want to make sure that the cameras are going to be able to pick up all the necessary elements of the violation."
"What it would be, the stop arm solution would allow users to simultaneously view up to four internal and up to three external cameras with a selected audio channel using a GPS map with vehicle location and sensor data. So, there'll be several of them placed on the bus."
"Because that’s… that would be important because to prove the violation you have to show that the bus was stopped, all the lights were flashing, that the stop arm was out, that children were exiting and so those are obviously all elements and so the camera would have to pick all those elements up to… to be able to issue the ticket."
"Exactly. And the mobile stop arm cameras they capture not only the bus passing violation but also the vehicle's license plates and identifying characteristics."
"With respect to review of the citations, I know that, and if I recall correctly, there's law enforcement or former law enforcement that review the current cameras and they look at the violations before they're sent out. Is there a provision for this before the tickets are issued?"
"Yeah, a technician will review it initially and then a law enforcement officer or a retired law enforcement officer." 09800061.docx 25 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013
"And one of the issues I've also had with the cameras is that, this ticket gets issued out and the person can obviously contest it at the local hearing; however, whatever the disposition is, it's not sent to the Secretary of State, is it?"
"No, it's not."
"So, the Secretary of State who could then suspend somebody's driver's license, if law enforcement had seen it, they could keep violating the offense but then never face the suspension unless they didn't pay the penalty, right?"
"It's my understanding if there… if there is a… five violations of the automatic speed or traffic law enforcement system, under the Code, then the Secretary of State shall suspend the drive privilege of the registered owner. And a county or municipality shall make a certified report to the Secretary of State whenever a vehicle owner fails to pay such fine or penalty due as a result of a combination of five enforcement offenses. So, after five it does."
"And… and what is the minimum fine under the Illinois Vehicle Code for the current offense, does this mirror the fines and costs? I think there's a… a real fine and cost is already established. Does this mirror that or is this less or more?"
"What this indicates is that they'll be subject to a civil penalty not to exceed $150 for the first time violation or $500 for a second or subsequent violation."
"And what's the Vehicle Code say, the same thing?"
"Yes, it's the same." 09800061.docx 26 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013
"And was this brought to you, Representative, by school districts that had concerns that wanted to be able to do this. Is this… is that what the genesis of the legislation?"
"It's my understanding several school districts are very interested in doing this and other states including: Connecticut, Georgia, Maryland, Rhode Island, Virginia and Washington. And the School District 163 and 170 are interested in doing it."
"Thank you, Representative."
"Representative Williams."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, in addition to the school districts who else supports the legislation?"
"I believe that there… there would be municipalities 'cause they would share… some municipalities as well as counties. And I would say that the mothers and fathers of children who ride the school bus every day are supportive because they want to ensure the safety of their children."
"Isn't it true that the legislation is also supported and being advocated for by a red light camera company? That's what our analysis shows."
"The analysis said Red Speed Illinois, but I'm not really sure who that is."
"Red Speed is a camera company that happened upon a technology that if used throughout the country will make a lot of money and that's understandable that school districts will be in support both for safety reasons and also for revenue reasons. But I understand the need for enforcement of 09800061.docx 27 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 our basic safety laws, but do we think… do you have any statistics to show that these school bus cameras will actually indeed improve safety? Because I've read some articles that have not borne that out."
"Well, IDOT recently conducted a study asking drivers on 250 school buses to record stop arm violations during a 41- day period. One hundred and thirty-five drivers returned their reports with a reported 3,450 violations. It's unacceptable. It's not safe and we need to make sure that the motoring public understands that children are getting off of these buses, sometimes they're very young children who may or may not look both ways when they cross the street and you just can't continue to allow people to violate the stop arm provisions and to go past these school buses, it endangers children. Again, 51 children… 51 children were… were needlessly killed in the United States by people who are not obeying the stop arm and the laws concerning school bus…"
"Okay, Representative, would you support… I've got an idea. Would you support legislation that would mount a camera on every vehicle? Because that would probably ensure that we didn't have a lot of violations of other traffic laws. My point being, to the Bill."
"I… No, I wouldn't. I would not support that."
"Okay. To the Bill. My point being that it's easy to assert that these sorts of monitoring and surveillance devices are about public safety, but the reality is, and we've seen this with the red light camera issue, the reality is the statistics have not shown that to be the case. There are other ways that are less invasive than using cameras everywhere to 09800061.docx 28 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 ensure the safety of children and the safety of residents as a whole with regard to traffic issues. I do have concern about a Bill like this that's being advanced by a company that stands to make millions of dollars and when we look at how things have evolved with the red light camera issue and how cities and municipalities and even states are repealing their efforts to utilize red light cameras, I think before we continue to just pile on additional revenue sources by monitoring behavior, we ensure that there's a nexus between the usage of these cameras and devices and public safety. And I'm happy to support it when I can see those… statistics. Thank you. I will be voting 'no'."
"Representative Pihos."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"So, I'm trying to understand this. The ticket will go to the owner of the car?"
"Yes."
"How will we know that that owner was actually the one that made the violation?"
"Yeah. If there… if that is an issue, they can… they can contest it."
"And will…"
"And it's the same… it's the same as… as we do with… with red light cameras now."
"Right, and that's always a concern. Who will be the beneficiary of the revenues? How will that be split?"
"Half of it will go to the school district and half of it goes to the municipality that does the enforce… 09800061.docx 29 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 municipality or the local government that does the enforcement."
"Okay. And I just want to clarify one other point, 'cause I might not have understand… understood Representative Reboletti when he asked this question. So, if you have five tickets that you didn't pay, then it's reported to the Secretary of State?"
"Yes."
"Okay. But I don't understand. If you've run the bus arm and gotten five tickets that you did pay, why shouldn't… you're just as much not a violator and it shouldn't be reported to the Secretary of State?"
"That's a good point."
"Okay. Thank you. I think I would urge the Body to vote 'no' on this one. Thank you."
"Mr. Welch."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Mr. Speaker, to the Bill. I want to first commend the Sponsor for bringing this legislation. I think the Bill and the focus of the House today should be about student safety. This is about putting children first and looking out for the safety of those kids who are standing on bus stops across our state each and every day. This Bill is sponsored first and foremost by school districts. School districts are asking for this additional tool to help keep their children safe. I also think that the Bill… it should not be ignored that the Bill is asking for a data analysis to be done subsequent to its enactment so that we can keep track of the data and monitor 09800061.docx 30 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 the success of this program, which I believe is going to be highly successful. Just because a company that may make money off this is also a sponsor, should not mean we should vote 'no'. In a time where we are constantly being asked to cut funding, particularly in school districts with transportation programs like schools in my district, this revenue stream would actually help them. I think this is a good Bill. It goes to student safety, and yes, it may actually help a school district keep its transportation program going. I'm asking the House to support Senate Bill 923. Thank you."
"Mr. Durkin."
"To the Bill. I've been around here a few years and I remember when we passed the red light camera Bill and… back probably about seven or eight years ago and the whole focus of that is that we were sold, and I will emphasize sold, that it was about public safety; and it wasn't, it was about revenue. And as we learn more of these Bills that come down the road that are similar to this, it is just not right that the registered owner of the automobile is the one who's going to bear responsibility, possibly having their license suspended and when you get your license suspended, it means if you're caught driving and you have a minor violation, you're handcuffed, you're finger printed, you're brought down in the county jail, for somebody else's… for somebody else's actions behind the wheel. This whole issue of us continuing on with these types of cameras and this process in which a registered owner is the one who bears responsibility is wrong. And secondly, yes, there is a safety issue, but I will tell 09800061.docx 31 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 you right now this is about revenue more than safety. Vote 'no'."
"Representative Bellock."
"Thank you very much, Mr. Speaker. Years ago when we did the first 'cop in the box' Bill on the railroad tracks that Bill was overturned by the Supreme Court because when they took the picture, the automated picture, it did not have the picture of the person with the license plate. I don't see how this can be constitutional because it doesn't say that the picture of the person in the car with the license plate needs to be recorded. I would oppose the Bill. Thank you."
"Mr. Hoffman to close."
"Thank you, Mr. Speaker. I just want to address some of the previous speakers. First of all, I am not sponsoring this Bill as a revenue source for municipalities and school districts. This Bill, number one, is permissive. It is up to the local municipality and the school district to enter into intergovernmental agreement as to whether or not they want to ensure that there is more safety provisions on their school buses that take our precious children to school every day of the school year. Secondly, there are several vendors, my understanding, throughout the state who'll be competing on this, not just one. And third, they are not being compensated on the basis of the number of tickets or the violations that occur. They are only being compensated on the value of the equipment. Now, someone has to provide the equipment, someone has to do the enforcement, someone has to make sure that we stand up to ensure that our children are safe when they go to school and they leave us in the morning and they come back at 09800061.docx 32 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 home at night. Now, you cannot like some of the enforcement provisions; the bottom line is, this is permissive. It's up to each individual school district, the elected officials of the school board will make this determination. I ask for a favorable Roll Call."
"Gentleman moves for the passage of the Bill. 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? Have all voted who wish? Chapa LaVia, Thapedi. Chapa LaVia. Please take the record. On this question, there are 55 voting 'yes', 58 voting 'no'. And the Gentleman requests Postpone Consideration. Senate Bill 1197, Mr. Beiser. Please read the Bill."
"Senate Bill 1197, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
"Mr. Beiser."
"Thank you, Mr. Speaker, Members of the House. Senate Bill 1197 as amended has nursing homes explain the new penalties of failing to comply with the spousal improvement… impoverishment rules made by the Smart Act last year. At the time of admission, a nursing home needs to explain these rules and penalties to a resident or to their spouse or representative because these penalties could lead to the denial of eligibility of Medicaid for a resident. I know of no opposition. And ask for your 'aye' vote."
"Gentleman moves for the passage of the Bill. 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? Have all voted who wish? Please take the record. On this 09800061.docx 33 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1458, Mr. Phelps. Out of the record. Senate Bill 1474, Mr. Rita. Mr. Rita. Please read the Bill."
"Senate Bill 1474, a Bill for an Act concerning local government. Third Reading of this Senate Bill."
"Mr. Rita."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1474 is an initiative of Pace and mass transit districts. It's an agreed legislation. It's… basically raises their procurement from 10 thousand to 40 thousand. Be happy to answer any questions."
"Gentleman moves for the passage of the Bill. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Harris, Hays, Kay, Reis. Mr. Reis. Please take the record. On this question, there are 76 voting 'yes', 37 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1493, Mr. Sullivan. Please read the Bill."
"Senate Bill 1493, a Bill for an Act concerning gaming. Third Reading of this Senate Bill."
"Out of the record, Mr. Clerk. Senate Bill 1550, Mr. Sandack. Out of the record. Senate Bill 1565, Representative McAsey. Please read the Bill."
"Senate Bill 1565, a Bill for an Act concerning civil law. Third Reading of this Senate Bill."
"Representative McAsey." 09800061.docx 34 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013
"Thank you, Mr. Speaker, Members of the House. This legislation is an initiative of the Cook County State's Attorney's Office. It deals with some specific situations with short-term guardianship and making some clarifications to the law in situations where there are short-term guardians and the State's Attorney's Office has to be involved. There are specific notice requirements regarding the short-term guardian, best interest of the child's standard governs. And if there are any questions, I would accept them but ask for the support of the Body."
"Lady moves for the passage of the Bill. 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? Evans. Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1568, Mr. Hoffman. Mr. Hoffman. Out of the record. Senate Bill 1621, Leader Currie. Please read the Bill."
"Senate Bill 1621, a Bill for an Act concerning State Government. Third Reading of this Senate Bill."
"Leader Currie."
"Thank you, Speaker, Members of the House. The measure came to us from the Senate as the recommendations from the Budgeting for Results Commission eliminating a variety of… of programs, boards, commissions that are no longer, in fact, in operation. We have added to the Bill the elimination of the Supported Employees Act in the Department of Central Management Services because that duplicates another program 09800061.docx 35 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 that is already operating within that agency and also repeals the School Employee Benefit Act and this, again, is a program that has never… never been funded, never been operative. Among the items that came to us in the original Bill was the elimination of the Prairie State 2000 Authority, eliminating the Telephone Book Recycling Program, a variety of others. I'd be happy to answer your questions and I'd be grateful for your support for passage of the Bill."
"Leader Currie moves for the passage of the Bill. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Flowers, Hoffman, Meier, Reis. Mr. Meier. Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1667, Representative Berrios. Please read the Bill."
"Senate Bill 1667, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
"Representative Berrios."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1667 is allowing State Farm Bank to register with the Department of Professional & Financial Regulation as a residential mortgage licensee and makes it assume responsibility for its loan originator licensed agents. This Bill will also provide a blanket surety bond to cover the licensed agents' activities and fulfill the reporting obligations at state and federal level… levels of the Safe Act of 2008. I would urge an 'aye' vote." 09800061.docx 36 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013
"Lady moves for the passage of the Bill. The Chair recognizes Mr. Zalewski."
"Thank you… thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Toni, does this only affect one company?"
"Yes, it does. State Farm owns its own bank and the bank is not Illinois chartered so this is specifically for that one company."
"Okay. I… I was going to ask you if this is special legislation, but I won't ask you that 'cause I don't know… if we have someone down here who can help you with that. Thank you."
"Thank you."
"Mr. Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Well, I was going to venture where Mr. Zalewski was going, too. I think you answered it. This is just for… for one company. Why would we do this just for one company?"
"Currently, State Farm agents involved in mortgage products are required to get mortgage loan originator licenses and residential mortgage licensee licenses because that bank isn't an Illinois… isn't like Illinois chartered."
"Right."
"So, State Farm is actually taking… their bank is taking on more regulations so that way they will get licensed in the state, and their loan originators don't have to have both licenses instead of… they can do just one." 09800061.docx 37 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013
"Because our analysis indicates that this would actually exempt an employee of State Farm Bank from being required to obtain a residential mortgage license to engage in mortgage lending."
"Right, but they will still have to do the mortgage loan originator license. They just don't… they won't need the residential mortgage license."
"Okay. Let me ask you, what are the difference between those two licenses? And are there different tests that are necessary for those?"
"What I've heard is that most… Let me see, hold on. Residential ones are actually… the banks have that instead of the individual person, but in State Farm Bank's situation, their original mortgage loan originator need both because that bank is not chartered here."
"I get that. But I see that you're trying to exempt the residential mortgage license, but I don't know what the difference is between the residential mortgage license and the mortgage loan originator license?"
"And that one I'm not sure of right now."
"'Cause I…"
"But I do know that the Bill was agreed with their…"
"We do lots of agreeds."
"Yeah."
"But I just wanted to make sure that our residents are protected, so 'cause sometimes if licenses sound similar they really may not be and I want to make sure that they're being… you know, we have driver's licenses and you know, a CDL is different than a D." 09800061.docx 38 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013
"Definitely."
"So, I want to make sure that people are protected."
"Right. And that's why this actually puts a blanket surety bond on State Farm Bank so as a whole to protect their licensed agents' activities. So, I think it does provide more safety for the mortgagors… mortgagers."
"I'm just not sure. I hear what you're saying. I just don't know if it's… if it's accurate. I think where there's probably a constitutional issue here, since it's done in special legislation for one, I'm not sure this would… this would pass constitutional muster. But I'll listen to more of the debate."
"Okay."
"Representative Berrios to close."
"I would ask for an 'aye' vote."
"Those in favor of the Lady's Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves. Have all voted who wish? Chapa LaVia. Please take the record. On this question, there are 107 voting 'yes', 4 voting 'no', 2 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Mr. Leitch."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. I'd like to acknowledge and thank my friend Chris Coulter and a group from St. Mary's School in Kickapoo from my district for joining us here in Springfield today. Give them a warm welcome." 09800061.docx 39 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013
Speaker Lang: "Welcome to Springfield. Senate Bill 1762, Representative Chapa LaVia. Please read the Bill."
"Senate Bill 1762, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"Representative Chapa LaVia."
"Thank you, Speaker. Did you get my text earlier? I sent you a text, just joking. Okay. So, this Bill is just cleanup language from Senate Bill 7 that we passed last year and there are no opponents at this time. And I'll take any questions."
"Would you like to tell us something about what the Bill does…"
"Why? You're in…"
"…Representative?"
"…such a hurry, I thought I was along with your game plan, Sir. So, I'm going to go through all of it then. On September 1, 2014, any district with any waiver or modification of new performance evaluation send in a performance education reform which is the peer… is terminated. This applies to all school districts but not only affects Marquette 15 and Kaneland 302, the school districts which currently have waivers in place. It also places a time limit on which teacher… teacher has to provide prior district evaluations in order to be eligible to receive tenure under two years in the new district for that applies statewide. Provides that all teacher employed for… teachers employed for one term or less to replace a teacher or leave… on leave, and teachers employed on a part-time basis will be in the first group of termination, reduction or a RIF force situation for 09800061.docx 40 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 downstate districts only, clarifies that districts still must establish a seniority list that will govern RIFs or… and with performance groups established by PA-978 which is the Senate Bill 7 that we passed last year for downstate districts only, provides that joint RIF committees must meet at least annually for downstate districts only, clarifies the effective date for the PA. Okay. Would you like me to go on, Sir?"
"It's your Bill."
"Thank you. Can I add you as a cosponsor? Thank you."
"Seeing no debate, those in favor of the Lady's Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Acevedo, Mautino. Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1775, Mr. Smith. Please read the Bill."
"Senate Bill 1775, a Bill for an Act concerning transportation. Third Reading of this Senate Bill."
"Mr. Smith."
"Mr. Speaker and Members of the House, this Bill does two things. It allows insurance companies to have posted and edit policies and endorsements on the website as long as it does not have any personal identification information. And it does, like the other Bill that I have that passed before the House earlier, it allows electronic verification of liability insurance through the use of mobile electronic device."
"Gentleman moves for the passage of the Bill. 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? 09800061.docx 41 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 Have all voted who wish? Harris, Mautino. Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1817, Representative Tracy. Please read the Bill. Out of the record, Mr. Clerk. On page 2 of the Calendar, under the Order of House Bills-Second Reading, appears House Bill 1551, Representative Dan Burke. Please read the Bill."
"House Bill 1551, a Bill for an Act concerning local government. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bills-Second Reading, Senate Bill 2226, Mr. Hoffman. Out of the record. Mr. Hoffman has recanted. Mr. Clerk, Senate Bill 2226. Please read the Bill."
"Senate Bill 2226, a Bill for an Act concerning safety. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. The Chair recognizes Representative Cassidy."
"Thank you, Mr. Speaker. Point of personal privilege."
"Please proceed."
"Several of us over here are wondering if you and Tim called each other this morning before you got dressed. You look fabulous, guys."
"I take my lead from the Chief of Staff. On Supplemental Calendar #1, under the Order of Senate Bills- Second Reading, appears Senate Bill 1655, Mr. Sims. Please read the Bill." 09800061.docx 42 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013
"Senate Bill 1655, a Bill for an Act concerning regulation. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 1884. Please read the Bill."
"Senate Bill 1884, a Bill for an Act concerning State Government. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 2193, Mr. Phelps. Please read the Bill."
"Senate Bill 2193, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Please hold this Bill on the Order of Second Reading. The Chair recognizes Representative Williams."
"Thank you, Mr. Speaker. I just wanted to acknowledge some visitors we have in the Capitol today. I have guests from two wonderful organizations in my district. First, the Korean American Community Services Organization which does amazing work and also the Cambodian American Association of Illinois, they're joining us in the gallery. And if you haven’t been, there is an amazing facility in my district, the Cambodian American Heritage Museum and Killing Fields Memorial at Lawrence in California and it really is a must visit if you get the opportunity. But we have over four members from the Cambodian Community here; we've acknowledged 09800061.docx 43 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 them before in their Day of Remembrance and that acknowledgment has led to acknowledgment on the city, county and the federal level. So, thanks for your efforts of acknowledgment of the great work that the Cambodian American Association of Illinois does. So, welcome to Springfield, all."
"Welcome and thank you, Representative. Let me take a moment also and announce that this is Asian American Heritage Month. This occasion we mark tonight with a reception at the Executive Mansion beginning at 6:00. All are invited to attend especially Members of the Asian American Caucus. We're proceeding now to the order of Zalewski. On page 7 of the Calendar, Senate Bill 1872. Mr. Clerk, please read the Bill."
"Senate Bill 1872, the Bill was read for a second time on a previous day. No Committee Amendments. Floor Amendment #1 is offered by Representative Zalewski."
"Mr. Zalewski."
"Thank you, Mr. Speaker. I move for the adoption of Floor Amendment #1. It deals with some mental health treatment options within the Bill. I'd ask for its adoption."
"The Gentleman moves for the adoption of the Amendment. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 2234. Please read the Bill."
"Senate Bill 2234, a Bill for an Act concerning gaming. The Bill was read for a second time on a previous 09800061.docx 44 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 day. No Committee Amendments. Floor Amendment #1 is offered by Representative Zalewski."
"Mr. Zalewski."
"Thank you, Mr. Speaker. I move for the adoption of Floor Amendment #1. It simply adds a provision that allows for additional bidders in laboratory testing of video gaming machines. This will offer some cost parity. I'd ask for its adoption."
"Those in favor of the Amendment will say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Senate Bill 1639, Mr. Zalewski. Please read the Bill."
"Senate Bill 1639, a Bill for an Act concerning regulation. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. Floor Amendment #2 is offered by Representative Zalewski."
"Mr. Zalewski on the Amendment."
"Thank you, Mr. Speaker. Floor Amendment #2 is some cleanup language from the Senate on the puppy lemon law that deals with the types of diseases and the warranties within the… within the construction of the statute. I ask for the Amendment's adoption."
"Gentleman moves for the adoption of the Amendment. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment's adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Mr. Clerk, Agreed Resolution." 09800061.docx 45 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013
"Agreed Resolutions. House Resolution 381, offered by Representative DeLuca. House Resolution 382, offered by Representative McSweeney. House Resolution 384, offered by Representative Welch. And House Resolution 385, offered by Representative Cross."
"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. Mr. Clerk, committee announcements."
"The following… the following committees are meeting this afternoon. The Revenue & Finance Committee is meeting in Room C-1 at 2:00. At 4:00 the Health Care Availability and Accessibility Committee is meeting Room C- 1."
"The Chair recognizes Mr. Reboletti."
"Mr. Speaker, point of personal privilege."
"Please proceed."
"Mr. Speaker, yesterday we had a large number of people that were here protesting lawfully and peacefully except for the fact that there was some security issues. I would like to thank all of our… our chief doorkeeper, all of our assistants, everyone involved with that for making sure that everything went smoothly here. So, please join me in thanking them."
"Well said, Sir. Thank you. Mr. Bost for an announcement."
"Thank you, Mr. Speaker. Upon adjournment the Republicans would like to caucus."
"Republicans will caucus upon adjournment in Room 114. I have an announcement. The Clerk has a schedule change." 09800061.docx 46 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013
"Revenue & Finance is in D-1 not C-1; it's in D- 1."
"Now I have an announcement. The Saturday Session will be canceled. We will be in Session on Sunday and on Monday. The Sunday time is unknown at this time. It will be midafternoon at some point, midafternoon. And now, allowing for perfunctory time for the Clerk, Leader Currie moves that the House stand adjourned 'til Friday, May 24 at the hour of 9:30 a.m. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the House does stand adjourned 'til Friday, May 24 at the hour of 9:30 a.m."
"House Perfunctory Session will come to order. Introduction and First Reading of House Bills. House Bill 3633, offered by Representative Tracy, a Bill for an Act concerning public employee benefits. This is referred to the Rules Committee. Second Reading of House Bills. House Bill 390, a Bill for an Act concerning revenue. House Bill 820, a Bill for an Act concerning criminal law. House… Those House Bills will be held on the Order of Second Reading. Second Reading of Senate Bills. Senate Bill 92, a Bill for an Act concerning regulation. Senate Bill 104, a Bill for an Act concerning employment. Senate Bill 625, a Bill for an Act concerning regulation. Senate Bill 1221, a Bill for an Act concerning education. Senate Bill 1280, a Bill for an Act concerning civil law. Senate Bill 1307, a Bill for an Act concerning… correction… an Act regarding education. Senate Bill 1366, a Bill for an Act concerning public employee benefits. Senate Bill 1595, a Bill for an Act concerning finance. Senate Bill 1772, a Bill for an Act concerning 09800061.docx 47 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 revenue. Senate Bill 1778, a Bill for an Act concerning regulation. Senate Bill 2106, a Bill for an Act concerning State government. Senate Bill 2332, a Bill for an Act concerning State government. Senate Bill 56, a Bill for an Act concerning civil law. Senate Bill 1330, a Bill for an Act concerning public aid. Senate Bill 1912, a Bill for an Act concerning civil law. Senate Bill 1968, a Bill for an Act concerning criminal law. Senate Bill 1680, a Bill for an Act concerning local government. These Bills will be held on the Order of Second Reading. Introduction of Resolutions. House Resolution 389, offered by Representative Bradley. House Resolution 390, offered by Representative Bradley. These are referred to the Rules Committee. First Reading of Senate Bills. Senate Bill 115, offered by Representative Martwick, a Bill for an Act concerning government. Senate Bill 1341, offered by Representative Welch, a Bill for an Act concerning conservation. Senate Bill 1448, offered by Representative Currie, a Bill for an Act concerning revenue. Senate Bill 1454, offered by Representative Beiser, a Bill for an Act concerning health. Senate Bill 2345, offered by Representative McAsey, a Bill for an Act concerning revenue. These are referred to the Rules Committee. Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules reports the following committee action taken on May 23, 2013: recommends be adopted, referred to the floor is Floor Amendment #3 to Senate Bill 26, Floor Amendment #2 to Senate Bill 1772, Floor Amendment #2 to Senate Bill 2193; approved for consideration, referred to Consideration 09800061.docx 48 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/23/2013 Postponed is House Bill 1463. There being no further business, the House Perfunctory Session will stand adjourned." 09800061.docx 49