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Illinois House Floor Debate — November 7, 2013

98th General Assembly (2013-2014) · Legislative day 78
Chamber
House
General Assembly
98th (2013-2014)
Date
November 7, 2013
Legislative day
78
Speaker turns
89
Original
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Michael J. Madigan (D)

"The House shall come to order. The Members shall be in their chairs. We shall be led in prayer today by the Reverend Jesse L. Jackson, Sr., the President of Rainbow Push Coalition in Chicago. Reverend Jackson is the guest of Representative Ken Dunkin. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and rise for the invocation and the Pledge of Allegiance."

Eddie Lee Jackson Sr. (D)

"Let us bow our heads in prayer. Dear God, this morning we pause in this chamber, setting all else and others aside to say thank You for being the source of our life and strength. Appeal to You to forgive us for our sins, to search our hearts and to know our ways to make us better and not bitter. Bless our nation, our President, and our Congress. Bless our states, our Governors, our State Legislatures, our families, and our kin. Let the flag of freedom continue to blow freely in the winds of the earth. Bring peace to our troubled world, incline us to end the futility of war. We meet today with faces old and new, elected to serve with the right to agree to disagree with the orderly transfers of power free of fear and violence. Sustain our freedoms, less our uniqueness, our multicultural, multiracial mix of the human family. We've come from our several places and languages from around the world with different ways of getting here. We've learned to survive apart, that this day at the crossroads of the world and national tensions teach us, empower us to learn to live together, temper in an inclination towards arrogance with humility, and kindness. Sustain the values that inform our common ground, thus rise from ethnic class and racial battlegrounds, the economic common ground and on tomorrow's 09800078.docx 1 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 78th Legislative Day 11/7/2013 higher ground. Join hands across the aisles. Join hands and repeat. Join hands across the aisles. Repeat today, we grope for Your perfect model of love, peace, and justice. There is a darkness hovering over our world today, so much poverty, and pain, and hurt, and hate, and violence, but in the darkness we look for Your light. Elephants and donkeys, black, white, and brown look amazingly similar in the dark, and so share Your light of hope and healing upon us. Let us be known by Your standard that we feed the hungry, clothe the naked, free the captives, protect the widow, reach out as a Samaritan, embrace the stranger. We urge You in every festival of song to bless America and You have. Not because we have been so worthy, but Your grace has shown upon us. Now today, let us do something different, let us bless You and make heaven happy. Let us love one another as You have loved us. Let us treat the least of these with dignity. Let us stop the flow of drugs and weapons. Let us wipe out poverty and not the poor. Let us be known how we treat the children in the dawn of life by how we treat the poor in the pit of life, by how we treat the seniors in the sunset of life that our reputations make heaven happy. Have mercy upon us. Redeem us as they go forward to make a great state greater and in the Land of Lincoln, represent the stuff that’s good for the healing of a nation, Amen."

Michael J. Madigan (D)

"We shall be led in the Pledge of Allegiance by Representative Ken Dunkin."

Dunkin - et al

"I pledge allegiance to the flag of the United States of America and to the republic for which it stands, 09800078.docx 2 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 78th Legislative Day 11/7/2013 one nation under God, indivisible, with liberty and justice for all."

Michael J. Madigan (D)

"Reverend Jackson will be in the well to greet those who wish to greet him and to take pictures. Roll Call for Attendance. Representative Currie."

Barbara Flynn Currie (D)

"Thank you, Speaker. Please let the record reflect that Representative Jakobsson is excused today."

Michael J. Madigan (D)

"Mr. Bost. Mr. Reis."

David Reis (R)

"Thank you, Mr. Speaker. Let the record reflect that all Republicans are here and present."

Michael J. Madigan (D)

"Mr. Clerk, take the record. There being… there being 117 Members responding to the Attendance Roll Call, there is a quorum present. Mr. Clerk, Agreed Resolutions."

Hollman

"Agreed Resolutions. House Resolution 681, offered by Representative Durkin. House Resolution 682, offered by Representative Durkin. House Resolution 685, offered by Representative Mayfield. House Resolution 686, offered by Representative Gordon-Booth. House Resolution 687, offered by Speaker Madigan. House Resolution 688, offered by Representative Mautino. And House Resolution 689, offered by Representative Mautino."

Michael J. Madigan (D)

"The Clerk has read the Agreed Resolutions. Representative Currie moves for the adoption of the Agreed Resolutions. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Agreed Resolutions are adopted. Mr. Clerk, the Adjournment Resolution."

Hollman

Clerk Hollman: "House Joint Resolutions 64, offered by Representative Currie. 09800078.docx 3 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 78th Legislative Day 11/7/2013 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that when the two Houses adjourn on Thursday, November 07, 2013, the House of Representatives stands adjourned until the call of the Speaker; and the Senate stands adjourned until the call of the President."

Michael J. Madigan (D)

"The Clerk has read the Adjournment Resolution. Representative Currie moves for the adoption of the Adjournment Resolution. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. And the Adjournment Resolution is adopted. Mr. Costello, did you wish to call Senate Bill 853? Mr. Clerk, on the Order of Senate Bills- Third Reading, there appears Senate Bill 853."

Hollman

"Senate Bill 853, a Bill for an Act concerning safety. Third Reading of this Senate Bill."

Michael J. Madigan (D)

"Mr. Costello."

Jerry F. Costello II (D)

"Thank you, Mr. Speaker, Members of the House. Senate Bill 853 deals with the Hunter's Apprentice Program. Currently, the program is a one-year program. Senate Bill 853 would make this program a renewable program until a youth reaches the age of 16. The youth must be accompanied by a parent or guardian 21 years of age or older. I thank you, and I ask for your 'aye' vote."

Michael J. Madigan (D)

"The Gentleman has moved for the passage of Senate Bill 853. Those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 117 people voting 'yes'; 0 voting 'no'. This Bill, having received the 09800078.docx 4 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 78th Legislative Day 11/7/2013 Constitutional Majority, is hereby declared passed. Mr. Zalewski, did you wish to call Senate Bill 633? 633."

Michael J. Zalewski (D)

"Thank you… thank you… thank you. I'm… I'm read…"

Michael J. Madigan (D)

"Mr. Clerk, read the Bill."

Hollman

"Senate Bill 633, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."

Michael J. Madigan (D)

"Mr. Zalewski."

Michael J. Zalewski (D)

"Thank you, Mr. Speaker. We made a… we passed a Bill in the spring providing consumer protection for record… for those who purchase a puppy from a pet store. We had to make a technical change in the Bill dealing with the fees, the reimbursement, by removing the word two and replacing it with one, as… as per the agreement with the pet stores' coalition. I'd ask for an 'aye' vote."

Michael J. Madigan (D)

"Mr. Zalewski moves for the passage of the Bill. Chair recognizes Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

Michael J. Madigan (D)

"Sponsor yields." Davis, M.: "Representative Zalewski, are there any opponents to your legislation?"

Michael J. Zalewski (D)

"No." Davis, M.: "That's good. I like to hear that. Thank you. Thank you, Sir."

Michael J. Madigan (D)

"Mr. Franks."

Jack D. Franks (D)

"Speaker, will the Sponsor yield?"

Michael J. Madigan (D)

"Sponsor yields."

Jack D. Franks (D)

"Representative, I voted against the original Bill, but this one here, it's different 'cause you're… you're reducing 09800078.docx 5 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 78th Legislative Day 11/7/2013 the penalties from two times the cost of the animal to one time, right?"

Michael J. Zalewski (D)

"That was… that was the agreement, Jack. What… what… it was a… there was a drafting error that was missed by, frankly, everybody. And as we were… we're a man of our word down here, and we try to abide by the agreement."

Jack D. Franks (D)

"Okay. So, even if you voted 'no', this is probably something you'd want to vote for."

Michael J. Zalewski (D)

"Probably be better."

Jack D. Franks (D)

"Yeah. So, thank you. I appreciate you bringing that forward."

Michael J. Madigan (D)

"Mr. Zalewski moves for the passage of the Bill. Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Please record yourselves. The Clerk shall take the record. On this question, there are 117 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Unes. On Senate Bill 635, on the Order the Senate Bills-Second Reading, Mr. Unes. Mr. Clerk, are there any Amendments?"

Hollman

"Senate Bill 635 was read a second time on a previous day. Amendment #2, offered by Representative Unes, has been approved for consideration."

Michael J. Madigan (D)

"Mr. Unes on the Amendment."

Michael Unes (R)

"Thank you, Mr. Speaker. I'd like to adopt Floor Amendment 2 and discuss it on Third Reading, if that's okay."

Michael J. Madigan (D)

Speaker Madigan: "Gentleman moves for the adoption of the Amendment. Those in favor say 'aye'; those opposed say 'no'. 09800078.docx 6 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 78th Legislative Day 11/7/2013 The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"

Hollman

"No further Amendments. No Motions are filed."

Michael J. Madigan (D)

"Put the Bill on the Order of Third Reading and read the Bill for a third time."

Hollman

"Senate Bill 635, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."

Michael J. Madigan (D)

"Mr. Unes."

Michael Unes (R)

"Thank you, Mr. Speaker. Senate Bill 635 is essentially a trailer Bill to House Bill 1534 that we discussed earlier in the spring. House Bill 1534 passed unanimously in both chambers and was signed into law by the Governor. It was later found that there'd be a drafting error. This simply fixes that drafting error. And this passed the Senate unanimously. There are no opponents. And I ask for an 'aye' vote."

Michael J. Madigan (D)

"The Gentleman has moved for passage of the Bill. Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 117 people voting 'yes', 0 voting 'no'. The Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Senate Bills-Second Reading, page 4 of the Calendar, there appears Senate Bill 2335, Mr. Phelps. Mr. Phelps. Mr. Phelps on Senate Bill 2335. Mr. Clerk, are there any Amendments?"

Hollman

"Senate Bill 2335. There… Floor Amendments 2, 4, and 5 have been approved for consideration. Floor Amendment #2 is offered by Representative Phelps."

Michael J. Madigan (D)

"Mr. Phelps on Amendment #2?" 09800078.docx 7 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 78th Legislative Day 11/7/2013

Brandon W. Phelps (D)

"This just makes a technical change, Mr. Speaker, and puts the 9-1-1 Service Advisory Board into the reporting from February 1 to May 1."

Michael J. Madigan (D)

"Those in favor of the Amendment say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there further Amendments?"

Hollman

"Floor Amendment #4 is offered by Representative Phelps and has been approved for consideration."

Michael J. Madigan (D)

"Mr. Phelps."

Brandon W. Phelps (D)

"Thank you, Mr. Speaker. This is an initiative of the ICC. The public utilities are all neutral on this. All we're doing is extending the base maintenance contribution to 2015."

Michael J. Madigan (D)

"The Gentleman has moved for the adoption of the Amendment. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there further Amendments?"

Hollman

"Floor… Floor Amend… Floor Amendment #5 has been approved for consideration and is offered by Representative Phelps."

Michael J. Madigan (D)

"Mr. Phelps."

Brandon W. Phelps (D)

"I just ask for it's adoption."

Michael J. Madigan (D)

Speaker Madigan: "Mr. Phelps moves for the adoption of the Amendment. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. And the Amendment is adopted. Are there further Amendments?"

Hollman

"No further Amendments. No Motions are filed."

Michael J. Madigan (D)

"Mr. Clerk, put the Bill on the Order of Third Reading and read the Bill for a third time." 09800078.docx 8 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 78th Legislative Day 11/7/2013

Hollman

"Senate Bill 2335, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."

Michael J. Madigan (D)

"Mr. Phelps."

Brandon W. Phelps (D)

"Thank you, Mr. Speaker. Like I said earlier, this is the initiative of the ICC. It just, more or less, extends the sunset to 2015. We have extended this before in '09. I just ask for its passage."

Michael J. Madigan (D)

"The Gentleman moves for the passage of the Bill. The Chair recognizes Mr. Bost."

Mike Bost (R)

"Thank you, Mr. Speaker. Will the Sponsor yield?"

Michael J. Madigan (D)

"Sponsor yields."

Mike Bost (R)

"Representative, I… and… and I missed committee the other day, and I apologize for that, and I would probably ask this in committee. Now this, basically, was part of… when it was first implemented, it was part of the… was it part of the rewrite or how did this particular piece of legislation come into effect? Basically, it was originally a penalty. Am I correct?"

Brandon W. Phelps (D)

"Yeah, this… Representative Bost, and I know… and I know you missed that day, but that's no problem at all. I just appreciate me and you talking about this the other day. This was negotiated with the ICC and the public utilities back in 2002, which I know you know all about this. We extended this in '09. The public utilities are totally neutral on this. Without this, we don't believe the ICC could survive."

Mike Bost (R)

"All right. Thank you."

Michael J. Madigan (D)

"Mr. Phelps moves for the passage of the Bill. Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? 09800078.docx 9 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 78th Legislative Day 11/7/2013 The Clerk shall take the record. On this question, there are 115 people voting 'yes', 2 people voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Concurrence, on page 4 of the Calendar, there appears House Bill 2618, Mr. Brady."

Dan Brady (R)

"Thank you, Mr… thank you, Mr. Speaker. Ladies and Gentlemen of the House, House Bill 2618 which is a mine insurance piece of legislation dealing with mine subsidence. I've asked for Concurrence on Senate Amendment #1 and 3. And I'd be happy to answer any questions."

Michael J. Madigan (D)

"The Gentleman has moved that the House concur in Senate Amendments 1 and 3. The question is, 'Shall the House concur in Senate Amendments #1 and 3 to House Bill 2618?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Mussman. The Clerk shall take the record. On this question, there are 117 voting 'yes', 0 voting 'no'. The House does concur in Senate Amendments #1 and 3 to House Bill 2618. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 3 of the Calendar, on the Order of the Senate Bills-Second Reading, there appears Senate Bill 1342, Mr. Zalewski. Mr. Clerk, are there any Amendments?"

Hollman

"Senate Bill 1342, Amendment #3 was adopted in committee. Floor Amendment #5, offered by Zalewski, has been approved for consideration."

Michael J. Madigan (D)

"Mr. Zalewski on the Amendment?"

Michael J. Zalewski (D)

"Mr… Mr. Speaker, do I need to adopt Amendment 3 and 5, or just 5? I think I need to adopt 3, table 4, and move #5, Mr. Speaker." 09800078.docx 10 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 78th Legislative Day 11/7/2013

Michael J. Madigan (D)

"Mr. Zalewski, can you restate your question?"

Michael J. Zalewski (D)

"Mr. Speaker, my understanding is I have to adopt #3 and 5. 3's already been adopted? All right."

Michael J. Madigan (D)

"Mr. Clerk, what is the status of Amendment #3?"

Hollman

"Amendment #3 was adopted in committee."

Michael J. Madigan (D)

"Are there further Amendments?"

Hollman

"Floor Amendment #5 is approved for consideration, is offered by Representative Zalewski."

Michael J. Zalewski (D)

"So, I move for the adoption of Floor Amendment #5, Mr. Speaker."

Michael J. Madigan (D)

"Mr. Clerk, what is the status of Amendment #4?"

Hollman

Clerk Hollman: "Floor Amendment #4 has been referred to committee."

Michael J. Madigan (D)

"So, we're on the order of Amendment #5. Chair recognizes Mr. Zalewski."

Michael J. Zalewski (D)

"I wish to adopt… Mr. Speaker, I move to adopt Floor Amendment #5."

Michael J. Madigan (D)

"The Gentleman moves for the adoption of Amendment #5. The Chair recognizes Representative Mayfield."

Rita Mayfield (D)

"Inquiry of the Chair. What are the status of the notes on this Bill?"

Michael J. Madigan (D)

"Mr. Clerk, did you hear the question?"

Hollman

"There are outstanding notes to this Bill. We have a balance budget note, a correctional note, fiscal note, Home Rule note, and a state… state debt and state mandates note."

Michael J. Madigan (D)

"All right. Mr. Zalewski moves for the adoption of the Amendment. The Clerk advises there are outstanding notes on the Bill, so the Bill shall be taken out of the record. The Chair is prepared to adjourn. Mr. Lang moves that 09800078.docx 11 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 78th Legislative Day 11/7/2013 the House stand adjourned 'til to the call of the Chair. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The House does stand adjourned 'til the call of the Chair." 09800078.docx 12