"The House will be in order. Members will be in their chairs. We shall be led in prayer today by Pastor Steve Cook, who is with Living Water Church of the Nazarene in Morris. Pastor Cook is the guest of Representative Anthony. 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 Cook."
"Good afternoon. One message I'd like to give you today is to… that you would know that you are prayed for daily. We humble ourselves before our living God and we call upon His name to be with you throughout your days. Let us pray. Loving and gracious God, we give You thanks for another day. We ask today that You bless the Members of the Representatives to be the best and most faithful servants of the people they serve. May they be filled with gratitude at the opportunity they have to serve in this place. We thank You for the abilities they have been given to do their work, to contribute to the common good. May they use their talents as good stewards of Your many gifts and thereby be true servants of justice and partners in peace. Give each Member clarity of thought and purity of motive so they may render their service as their best selves. May all that is done this day in this arena be for Your greater honor and glory. Eternal God, who alone spreads out the heavens and rules the raging of the sea, continue to challenge us when we are too well pleased with ourselves, when our dreams come true because we have dreamed too little, when we arrive safely simply because we have sailed too close to the shore. Challenge us, Oh God, when the abundance of the things we possess, we lose our 09800111.docx 1 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 thirst for the waters of life. Challenge us when we forget that righteousness exalts a nation. Challenge us when we fail to join You in Your quest to bring deliverances to the captives, the recovery of sight to the blind and to civil liberty, to those who are bruised. Oh, God, this day challenge us to dare more boldly, to venture on wider seas and where storms will show Your mastery, where losing sight of land, we will find Your stars. We pray in Your sovereign name. Amen."
Speaker Lang: "We will be led in the Pledge today by Representative Monique Davis. Davis, M. - et al: "I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
"Roll Call for Attendance. Leader Currie."
"Thank you, Speaker. Please let the record show that Representatives Chapa LaVia and Williams are excused today."
"Thank you. Mr. Bost."
"Thank you, Mr. Speaker. Let the record reflect that Representatives Kosel and Tracy are excused on the Republican side of the aisle today."
"Thank you. Mr. Clerk, take the record. There are a 113 Members present; we do have a quorum. Chair recognizes Mr. Acevedo. The Members will give Mr. Acevedo your attention."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Yesterday, as we stood here in this room amongst these four walls and felt safe, there were fire… brave firefighters in Boston who weren’t safe. There were flames all around them. 09800111.docx 2 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 Yesterday, the brave men and women of Fire Local 718, two dead, one in critical condition and seven serious. You see, Ladies and Gentlemen, when a fireman or police officer leave their home, they never know when they're going to come back. It could happen to all of us, but every day they leave that house and say goodbye to their families. Unfortunately, two of these brave men from Boston Fire Department will not be coming home. So, I ask for a moment of silence in their honor."
"Thank you, Mr. Acevedo. Chair recognizes Mr. Welch."
"Thank you, Mr. Speaker. Point of personal privilege."
"Proceed, Sir."
"Mr. Speaker, my seat mate, La Shawn Ford, and I would like the Members to join us in wishing our other seat mate, Fran Hurley, a very happy 29th birthday."
"Who would have believed that? Mr. Demmer."
"Thank you, Mr. Speaker. A point of personal privilege."
"Please proceed, Sir."
"I'd would like to welcome a few Pages from my district here today. Josiah and Cody Flanagan are down from Oregon, helping out as Pages today. And their parents, Stacy and Dale Flanagan, are in the balcony. Welcome to Springfield."
"Welcome to Springfield. We're happy you're here. Mr. Moylan."
"Mr. Speaker, a point of personal privilege.
"You may proceed."
"Although I've been… although been one-upped, we, the freshmen class, would like to wish Miss Fran Hurley a happy 09800111.docx 3 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 birthday. Will the freshmen please come up? Come on, guys (sings-happy birthday)."
Very nice. Mr. Moylan, don’t quit the day job, Sir. Representative Gabel."
"Thank you, Mr. Speaker. I rise for a point of personal privilege."
"You may proceed."
"I would like us all to welcome my Page for a day today, Daniel Saltz, and his mother and father and grandmother and grandfather, who are up in the balcony. Thank you. Michael Burger, Phyllis Burger, and Sharon and Elias Saltz. Thank you for coming to Springfield."
"Thank you, Representative. Thank you, folks. Mr. Walsh."
"Mr… Good morning, Mr. Speaker. Point of personal privilege… privilege."
"Please proceed."
"I'd like to take this opportunity to welcome my Page for the day, Megan Killinger, who is a student at the University of Illinois-Champaign. And her mother, Patty, is up in the gallery behind us. If we could give them a warm Springfield welcome, I'd appreciate it. Thank you."
"Welcome to Springfield. Mr. Moffitt."
"Rise to a point of personal privilege, Mr. Speaker."
"Please process."
"Could you clarify something for me? That birthday we recognized, that was a 29th, right?"
"That’s what Mr. Welch said. Yes, Sir." 09800111.docx 4 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"Well, I think everyone in the chamber has a birthday during the year and we want to help them to have many more. When we come back on Tuesday, the Retrofit Caucus and the Legislative Diabetes Caucus will have a reception from 5 to 7 at the Chamber of Commerce Office, 215 East Adams Street, to talk about healthy lifestyle. I think there might be some pedometers, there might be some water bottles, might be some healthy foods, all in an attempt to help everybody celebrate more birthdays. So, Tuesday, you come back, the first day of April, meeting the Retrofit Caucus at the Chamber Office. Thank you."
"Carrot sticks for everybody. Representative Bellock."
"Thank you ver… Thank you very much, Mr. Chairman. And I have with me today Lauren Kallen, who's paging on the floor and she's here with her parents, Sue and Ben, and she goes to Peterson Elementary School in the city. Thank you. Let's give her a welcome."
"Welcome. We're happy you're with us. Representative Wheeler."
"Thank you, Mr. Speaker. A point of personal privilege, please."
"Please proceed."
"Up in the gallery, we have Nunda Township trustee Mike Shorten, his beautiful wife, Sheryl, and their lovely three children from Crystal Lake. Welcome, please, the Shorten family."
"Happy you're in the Capitol with us. Representative McAsey." 09800111.docx 5 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"Thank you, Mr. Speaker. I also rise on a point of personal privilege…"
"Please Proceed."
"…to welcome a Page to the floor. Tomi Jo Mansell is a freshman student at Lockport High School and is joining us here. Please welcome her to the Floor of the House of Representatives."
"Thank you for being on the floor with us. Mr. Pritchard."
"Thank you, Mr. Speaker. A point of personal privilege. We were talking about April 1 and events that might be occurring on that day. For all of you that may be interested in the ensuring success for all students, you have an invitation from the Education Legislative Institute and the Education Legislative Caucus, as well a number of organizations to join us to hear about what Massachusetts has done to improve the performance of their students over the last few years. This is a model that we've been talking about, the Senate Education Funding Committee has heard testimony on. I have invitation cards here. You should've all received one in your office, but that is a dinner and a program from 6 to 8 p.m. on April 1, over at the State House Inn. You're all welcome."
"Thank you, Mr. Pritchard. Mr. Clerk, the Adjournment Resolution."
Clerk Hollman: "House Joint Resolution #88, offered by Representative Currie. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE 09800111.docx 6 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 CONCURRING HEREIN, that when the two Houses adjourn on Thursday, March 27, 2014, the House of Representatives stands adjourned until Tuesday, April 01, 2014 at 12:00 o'clock noon, or until the call of the Speaker; and the Senate stands adjourned until Tuesday, April 01, 2014, or until the call of the President."
"Leader Currie moves for the adoption of the Adjournment Resolution. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Adjournment Resolution is adopted. Mr. Clerk, Agreed Resolutions."
"Agreed Resolutions. House Resolution 957, offered by Representative Monique Davis. House Resolution 958, offered by Representative Cabello. And House Resolution 959, 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 Reports."
Clerk Hollman: "Committee Reports. Representative Rita, Chairperson from the Committee on Business & Occupational Licenses reports the following committee action taken on March 26, 2014: do pass Short Debate is House Bill 5331; do pass as amended Short Debate is House Bills 4075, 4535, 5693, 5709, 5735, 5931. Representative Hoffman, Chairperson from the Committee on Labor & Commerce reports the following committee action taken on March 26, 2014: do pass Short Debate are House Bills 4272, 4576, 5622; do pass as amended Short Debate is House Bill 5701. Representative Franks, Chairperson from the Committee on State Government Administration reports 09800111.docx 7 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 the following committee action taken on March 26, 2014: do pass Short Debate is House Bills 4205, 4413, 5793; do pass as amended Short Debate is House Bills 3798, 4609, 5853; recommends be adopted is Floor Amendment #1 to House Bill 5438, House Resolution 894; recommends be adopted as amended is House Resolution 888. Representative D'Amico, Chairperson from the Committee on Transportation: Vehicles & Safety reports the following committee action taken on March 26, 2014: do pass Short Debate is House Bills 4422, 5416, 5721, and Senate Bill 1381; do pass as amended Short Debate is House Bills 5895 and 5897. Representative Monique Davis, Chairperson from the Committee on Insurance reports the following committee action taken on March 26, 2014: do pass Short Debate is House Bill 5575. Representative Jakobsson, Chairperson from the Committee on Higher Education reports the following committee action taken on March 26, 2014: do pass Short Debate is House Bill 4463; do pass as amended Short Debate is House Bill 3944; recommends be adopted is House Resolution 832. Representative Zalewski, Chairperson from the Committee on Health Care Licenses reports the following committee action taken on March 26, 2014: do not pass-Pursuant to Rule 22(g) is House Bill 3661. Representative Gabel, Chairperson from the Committee on Human Services reports the following committee action taken on March 26, 2014: do pass as amended Short Debate is House Bills 4035, 4327, 5742; recommends be adopted is Floor Amendment #3 to House Bill 3638, House Resolution 906, and 916. Representative Nekritz, Chairperson from the Committee on Judiciary reports the following committee action taken on March 26, 2014: do pass 09800111.docx 8 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 Short Debate is House Bills 4211, 5526, 5977; do pass as amended Short Debate is House Bills 4091, 4594, 5290, 5658, 5922, 5940; recommends be adopted is Floor Amendment #2 to House Bill 4090. Representative Verschoore, Chairperson from the Committee on Agriculture & Conservation reports the following committee action taken on March 27, 2014: do pass Short Debate is House Bill 4762; recommends be adopted is Floor Amendment #1 to House Bill 4329. Representative DeLuca, Chairperson from the Committee on Cities & Villages reports the following committee action taken on March 27, 2014: do pass as amended Short Debate is House Bill 5666. Representative Crespo, Chairperson from the Committee on Appropriations-General Services reports the following committee action taken on March 27, 2014: do pass as amended Short Debate is House Bill 3820. Representative Rita, Chairperson from the Committee on Business & Occupational Licenses reports the following committee action taken on March 27, 2014: do pass as amended Short Debate is House Bill 5926. Representative Jackson, Chairperson from the Committee on Counties & Townships reports the following committee action taken on March 27, 2014: do not pass-Pursuant to Rule 22(g) House Bill 5645. Representative Monique Davis, Chairperson from the Committee on Insurance reports the following committee action taken on March 27, 2014: do pass Short Debate is House Bill 4335. Representative Bradley, Chairperson from the Committee on Revenue & Finance reports the following committee action taken on March 27, 2014: do pass Short Debate is House Bills 4223, 4651, 4660, 5564, 5613, 5634, 5684, 5893, and House Joint Resolution Constitutional 09800111.docx 9 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 Amendment #51; do pass as amended Short Debate is House Bills 3924 and 4286."
"Members, under the Order of House Bills-Second Reading, on page 2 of the Calendar, we're going to move through as many House Bills on Second Reading and move them to Third as we can. It is getaway day. I would ask the chamber to be quieter so that we can get through these Bills and have them on Third Reading for next week. If the Members will cooperate we can be on the road a little sooner. The first Bill is House Bill 671, Mr. Drury. Please read the Bill."
"House Bill 671, a Bill for an Act concerning children. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Drury, has being approved for consideration."
"Mr. Drury. Mr. Drury on the Amendment."
"Thank you, Mr. Speaker. This Amendment simply amends the Child Data Privacy Act and it makes clear that parents… that you cannot sell children's data for private purposes without getting consent from a parent."
"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. Moving to page 3, House Bill 1322, Mr. Hoffman. Mr. Hoffman. Out of the record. House Bill 2846, Representative Golar. Representative Golar. Out of the record. House Bill 3695, Mr. Dunkin. Mr. Dunkin. Please read the Bill." 09800111.docx 10 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"House Bill 3695, a Bill for Act concerning education. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Next page, House Bill 3700, Representative Osmond. Please read the Bill."
"House Bill 3700, a bill for Act concerning education. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 3744, Representative Wheeler. Out of the record. Out of the record. House Bill 3748, Representative Monique Davis. Please read the Bill."
"House Bill 3748, a Bill for Act concerning State Government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 3819, Mr. Jackson. Please read the Bill."
"House Bill 3819, a Bill for Act concerning State government. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Members, moving to page 22 on the Order of Agreed Resolutions, there appears House Resolution 923, Mr. Meier. Mr. Clerk, please read the Resolution."
"House Resolution 923, offered by Representative Meier. BE IT RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that 09800111.docx 11 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 we honor Norbert and Charlotte Zinck on their work with the United States Agency for International Development."
"Mr. Meier."
"Yes. Today is a great day for me to have people from my home district and my hometown. And Norbert Zinck and his wife have truly represented America well across the world. They've gone into Third World countries representing the United States Agency for International Development. He heard this on… on the news one morning on a farm show, signed up for it, and in 1999, he started traveling with this organization. He has been in Tlaxcala, Mexico, building houses, creating solar water systems and… and other complexes; in Armenia, teaching that country how to raise soybeans; Azerbaijan in 2000, soil preparation, corn production; Azerbaijan, corn production in 2001 again, in 2001, back to Azerbaijan, teaching them how to raise wheat; Macedonia in 2002, helping them with their potato production; Rwanda, Africa, wheat production. In some of these countries, he's taken Soviet tanks and created threshing machines out of them. He's been back to Azerbaijan in 2002, 2003, he's… 2004; Mozambique in 2004; Azerbaijan in 2005; Siberia in 2005; 2006, back to Siberia, and again in 2006 and another time back in 2007. He's taught some of these countries that never knew how to raise milo to raise a crop and to start raising livestock by feeding them that crop because their country could not raise other things in their dry soil. He's been to Guyana, South America. He's been to Ghana, Africa; Nairobi, Egypt; and Tamale, Africa, trying to promote better relationships with all these countries. When he went there, people would talk and say they did not like 09800111.docx 12 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 Americans. When he left, after showing them how to raise a crop, what America does, helping them to get loans because they could get cheaper American loans than they could from their countries or other countries in the world. He helped them do all that paperwork. Every time he came back, he had to fill out a form to the United States Government letting them know how this is being done so they could do more mission trips across the world and help educate more people. So today, our… our veteran, Norbert Zinck, and his wife, Donna are up here to my right in the gallery and they have their family with them. Jim… Jim and June Zinck are up there with them. Mary and Don Rennegarbe, who own a business in my hometown, the last operating bathhouse of mineral water and… and massages in the State of Illinois on the national register. John and Lisa Zinck, also a Navy veteran, and their son, Dan, and Carolyn could not be here. He has a grandson in the Navy right now and he also has his grandchildren, Jackson and Kelly, up there. So, truly somebody who has taken his time since his retirement and promoted Illinois and the United State across the world to help feed the world and make better relations, I ask you one more time to give Norbert a round of applause."
"Mr. Meier moves for the adoption of the Resolution. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. Thank you, Mr. Meier. Moving back to page 5 of the Calendar, under the Order of House Bills-Second Reading, House Bill 4236, Mr. Walsh. Please read the Bill." 09800111.docx 13 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"House Bill 4236, a Bill for an Act concerning State government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Moving to page 6, House Bill 4245, Representative Monique Davis. Please read the Bill."
"House Bill 4245, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 4266, Mr. Hoffman. Mr. Hoffman. Out of the record. House Bill 4269, Mr. Costello. Please read the Bill."
"House Bill 4269, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendments 1 and 2 were adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 4360, Mr. Jones. Please read the Bill."
"House Bill 4360, a Bill for an Act concerning business. Second reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 4380, Representative Manley. Please read the Bill."
"House Bill 4380, a Bill for an Act concerning children. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 4381, Mr. Zalewski. Please read the Bill." 09800111.docx 14 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"House Bill 4381, a Bill for an Act concerning regulation. This Bill was read a second time on a previous day. Amendment #1 was already adopted. Floor Amendment #2, offered by Representative Zalewski, has been approved for consideration."
"Mr. Zalewski."
"Thank you, Mr. Speaker. Floor Amendment #2 is identical to Floor Amendment #1. It formalizes the task force, names who will be appointees and sets forth the deadlines."
"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. House Bill 4416, Mr. Sims. Out of the record. House Bill 4482, Mr. Reboletti. Please read the Bill."
"House Bill 4482, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 4483, Mr. Reboletti. Please read the Bill."
"House Bill 4483, a Bill for an Act concerning government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 4496, Representative Flowers. Representative Flowers. Out of the record. House Bill 4501, Mr. David… Mr. Greg Harris. Please read the Bill."
"House Bill 4501, a Bill for an Act concerning public health. Second Reading of this House Bill. Amendments 09800111.docx 15 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 1 and 2 were adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 4316, Representative McAsey. Excuse me, I had the number wrong. It's 4516, Representative McAsey. Please read the Bill."
"House Bill 4516, a Bill for Act concerning criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 4538, Representative Nekritz. Representative Nekritz. Out of the record. House Bill 4542, Representative Manley. Please read the Bill."
"House Bill 4542, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 4591, Mr. Martwick. Out of the record. Page 8 of the Calendar, House Bill 4652, Leader Feigenholtz. Please read the Bill."
"House Bill 4652, a Bill for an Act concerning State Government. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 4680, Mr. Pritchard. Please read the Bill."
"House Bill 4680, a Bill for an Act concerning education. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed." 09800111.docx 16 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"Third Reading. House Bill 4694, Mr. Brady. Mr. Brady. Out of the record. House Bill 4731, Mr. Mautino. Please read the Bill."
"House Bill 4731, a Bill for an Act concerning government. Second Reading of this House Bill. Amendment #2 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 4733, Mr. Mautino. Please read the Bill."
"House Bill 4733, a Bill for an Act concerning employment. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 4734, Mr. Mautino. Please read the Bill."
"House Bill 4734, a Bill for an Act concerning State government. Second Reading of this House Bill. Amendment #1 was adopted to committee. No Floor Amendments. No Motions are filed."
"Third Reading. Page 9, House Bill 4773, Leader Feigenholtz. Please read the Bill."
"House Bill 4773, a Bill for an Act concerning State government. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Page 10, House Bill 5286, Mr. Bost. Mr. Bost. Please read the… please read the Bill."
"House Bill 5286, a Bill for an Act concerning education. Second Reading of this House Bill. Amendment #1 09800111.docx 17 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 5393, Representative McAsey. Please read the Bill."
"House Bill 5393, a Bill for an Act concerning education. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 5406, Mr. Brown. Read the Bill, please."
"House Bill 5406, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are field."
"Third Reading. House Bill 5412, Representative Gabel. Please read the Bill."
"House Bill 5412, a Bill for an Act concerning public health. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Page 11, House Bill 5522, Mr. Dunkin. Please read the Bill."
"House Bill 5522, a Bill for an Act concerning State government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Page 12, House Bill 5664, Mr. Rita. Please read the Bill." 09800111.docx 18 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"House Bill 5664, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 5665, Representative Scherer. Representative Scherer. Out of the record. House Bill 5674, Mr. Zalewski. Mr. Zalewski. Out of the record. House Bill 5685, Representative Berrios. Please read the Bill."
"House Bill 5685, a Bill for an Act concerning regulation. Second Reading of this House Bill. Amendments 1 and 2 were adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 5689, Representative Gabel. Please read the Bill."
"House Bill 5689, a Bill for an Act concerning safety. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 5732, on page 13. Out of the record. House Bill 5755, Representative Cassidy. Please read the Bill."
"House Bill 5755, a Bill for an Act concerning elections. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 5824, Mr. Pritchard. Out of the record. House Bill 5828, Mr. Moffitt. Please read the Bill." 09800111.docx 19 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"House Bill 5828, a Bill for an Act concerning regulation. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Page 14, House Bill 5856, Mr. Moffitt. Please read the Bill."
"House Bill 5856, a Bill for an Act concerning local government. Second Reading of this House Bill. No Committee Amendments. Floor Amendment numbers 2 and 3 have been approved for consideration. Floor Amendment #2 is offered by Representative Moffitt."
"Mr. Moffitt on the Amendment."
"Thank you, Mr. Speaker. The Amendments are to clear up some… some detail on when you annex a fire district. And I think this remove… there's no opposition. This spells out if one fire district is dissolving, that… who will absorb it and that they have to have that in place. This spells it out and who gives them the notice, and this includes the circuit clerk."
"Those in favor of the Amendment will say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"Floor Amendment #3, offered by Representative Moffitt, has been approved for consideration."
"Mr. Moffitt."
"Number 3 is the one that actually just puts the circ… clerk of the circuit court's name in there." 09800111.docx 20 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"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. House Bill 5878, Mr. Rita. Read the Bill, please."
"House Bill 5878, 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. House Bill 5899, Mr. Cross. Mr. Cross. Please read the Bill."
"House Bill 5899, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 5903, Mr. Reboletti. Please read the Bill."
"House Bill 5903, a Bill for an Act concerning gaming. Second Reading of this House Bill. Amendment #3 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 5938, Mr. Beiser. Out of the record. House Bill 5949, Leader Feigenholtz. Please read the Bill."
"House Bill 5949, a Bill for an Act concerning civil law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. On page 15, House Bill 5950, Mr. Sullivan. Killing my rhythm, Sir. Please read the Bill." 09800111.docx 21 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"House Bill 5950, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 5967, Mr. Sosnowski. Mr. Sosnowski. Out of the record. House Bill 5975, Mr. Sims. Please read the Bill."
"House Bill 5975, a Bill for an Act concerning public aid. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Returning to page 7, House Bill 50… 4557, Mr. Verschoore. Please read the Bill."
"House Bill 4557, a Bill for an Act concerning State government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Members, page 15 of the Calendar. We're going to go through as many of these Third Reading Bills as we can before we hit the road. I would ask that Members be ready when their Bill is called. We're not coming back to you today. The first Bill is House Bill 2341, Representative Jakobsson. Out of the record. House Bill 2378, Representative Mayfield. Please read the Bill."
"House Bill 2378, a Bill for an Act concerning State government. Third Reading of this House Bill."
"Representative Mayfield."
"Okay. Yes. Thank you, Speaker and Members of the Assembly. Basically, what this Bill will do, it will allow for the sealing of low-level records. It would start out as an expungement Bill. Members of the Judiciary Committee were 09800111.docx 22 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 not comfortable with expunging records, so we did work with those Members and with others and we have changed this Bill and we've moved it down to sealing of minor misdemeanors. And this will allow individuals to be able to have better job opportunities and, hopefully, reduce recidivism rates within our communities. I'm hoping for an 'aye' vote."
"Lady moves for the passage of the Bill. The Chair recognizes Mr. Zalewski."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Yes."
"The Lady yields."
"Rita, we… we talked about this in committee but we want to… we said we would clarify it on the floor as well. Your goal here is not to seal the records relating to domestic battery, battery of an unborn child, aggravated battery of an unborn child. That's not your intent, correct?"
"No, it is not."
"Okay. So, your… your goal is to simply exclude those from the current statute, meaning that they would still be available to law enforcement to see?"
"Absolutely."
"Okay."
"Absolutely."
"Thank you. Thank you, Representative."
"Yes."
"Mr. Reboletti."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." 09800111.docx 23 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"Representative, I… I know that we talk about sealing all the time versus expungement. If you could explain the difference so that the Body would have a better understanding of what this may actually do."
"Yes. Well, if you expunge a record, it is totally removed. It is wiped out of every database and law enforcement agencies do not have access to that information. So, should an individual reoffend, it would be as if they had a first offense and not a mult… a secondary or a third. With the sealing of a record, you're basically providing an opportunity for individuals' greater employment opportunities and housing opportunities for individuals. It is not seen by the average person, but it is still available to law enforcement. So, should that person reoffend or do something illegal, those records are still available to law enforcement and they can act accordingly based upon that individual's record."
"And… and how long would it take for the person to, after they completed their sentence, to allow them to seal this information?"
"A minimum of five years."
"And during that five years, it… it's… would be fair to say that they could have no other criminal convictions, arrests or anything else. Right?"
"Nothing like that and it still has to go through the sealing process, meaning it has to go through a judge, it has to go through the state's attorney. It has to be approved by local law enforcement before they can even consider sealing it." 09800111.docx 24 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"And can the sealing be removed if there's convictions afterward? Isn't there a process that would allow them, state's attorneys or whoever, to go back and to unseal the convictions?"
"I believe they can be. I think it would have… that would be on the state's attorneys' level, if I'm not… I'm not very clear on that. But I believe there is a process, I'm just not clear on what the process is."
"If you… if you could take this out of the record just for one second for that… for that clarification. I want to make sure that the Body understands that. Not… not to try to stop your Bill but to get that clarification."
"Okay. Yeah. I'm willing to pull for a minute, yes."
"Thank you."
"Out of the record. We'll come back to it. House Bill 2880, Mr. Ford. Out of the record. The Chair recognizes Mr. Bost."
"Thank you, Mr. Speaker. Could the record reflect that Representative Morrison is excused the rest of the day?"
"The record will reflect. Mr. Ford on 3163. Please read the Bill."
"House Bill 3163, a Bill for an Act concerning education. Third Reading of this House Bill."
"Mr. Ford."
"Thank you, Mr. Speaker and Members of the House. 31… House Bill 3163 simply asks for the State Board of Education to do an impact study on the standardized testing. The requirement would be for the cost of tests, the results by race, gender and zip code. We also would like for the school board to have 09800111.docx 25 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 a plan for students not meeting the benchmark for the standardized test, for students below and for students exceeding the state's benchmark. I move for the passage of House Bill 3163."
"Gentleman moves for the passage of the Bill. The Chair recognizes Mr. Sandack."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, my analysis indicates that the State Board of Education was against your Bill. When it got through committee, was it against the Bill still?"
"I can't… I'm not sure. I think that the State Board has a concern about zip codes."
"I'm sorry."
"I do believe the State Board, in all honesty, I believe they have a concern about zip codes."
"All right. And… and just by curiosity, are there other studies that the Illinois State Board of Education is undertaking at the same time it seeks to undertake this study?"
"If it is, then they could… they already started the work and so this would make it a little… add a little work to their already… progress that they're going through."
"Okay. Last question. Obviously, there's a… is there an outcome or… that you seek to have accomplished with this study?"
"Of course. I mean, the state spends millions of dollars on standardized tests and it's important that the state assess the young people but we must also assess the teachers and the 09800111.docx 26 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 state as it result… delivering services to young people. So, we can't just worry about the achievements of the young people but we should worry about the achievements of the State Board of Ed and the school districts and if we're meeting their needs when they fall below the benchmark. It's also important that we have a lot of young people that rise above the benchmark that we sometimes forget about that could achieve even more if we have a plan for them. So, the goal would be if a student has fallen below the benchmark, that the school board develop some type of action plan for those young people so that they meet the benchmark or exceed them."
"Is there any ramifications upon what you just said about benchmarks and finding out how they're doing? Is there anything that this study gives the… the Illinois State Board of Education as a consequence? Do they have any powers to do anything different that they're not doing right now?"
"Well, the State Board has the responsibility to educate every child to his or her fullest potential. And so, the consequences come from you, as a Representative, and from the parents of the State of Illinois to hold the state and the school boards accountable to educate young people."
"Well, I understand that. Last question. But is… nothing in this study gives any new powers or any new provisions to the Illinois State Board of Education. Correct?"
"And to better answer that, what it does is it provides the data necessary to help students that’s not meeting or that might be exceeding."
"Thank you very much, Mr. Speaker."
"Have you completed? Mr. Reis." 09800111.docx 27 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields."
"Representative, what is the standardized test called?"
"The ISAT is for the young people that… that's in grades 3 through 8 and the Prairie State Achievement test for grades 11."
"Okay. How is the new PARCC test going… it's my understanding that these others are going to be replaced. Is that true with the PARCC test?"
"Well, I'm not sure."
"Pardon?"
"I'm not certain. I… I don't want to answer your question because I don't know."
"Well, I mean, I think it goes along with what you're trying to do here. I mean, if we're changing standardized tests, how are you going to evaluate this when we haven't even got the new testing model in place yet?"
"Because it says standardized test. Any tests that are required by the State Board of Education, by the State of Illinois, will fall under the category of making sure that we monitor the results of those tests."
"What about the ACT for juniors?"
"Well, I… if you want to monitor ACTs, I'll be willing to help you with that."
"Well, do you consider that to be a standardized test?"
"Of course it is."
"So, when you put your Bill together, did you know you would be also affecting the AC… mandatory ACT tests for all juniors?" 09800111.docx 28 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"Well…"
"Or seniors. It's juniors."
"Tell me how, because this speaks directly to Illinois standardized tests for grades 3 through 8 and the Prairie State Achievement test for grades 11. So, where in your thoughts does ACT come in?"
"Well, I'm… I'm just reading the analysis. I'm sorry, Representative. So, does it just say Illinois standardized tests? Does your Bill just say Illinois standardized tests?"
"That's right."
"Okay. And… and then when you say benchmarks, how are those benchmarks determined in the school districts now?"
"They're determined by the state."
"They're determined by the state."
"Yes."
"So, a… a prior… the prior year's tests are not taken into consideration? It's just ISBE's benchmarks?"
"I heard the last part, but not the first part."
"Does each school have different benchmarks…"
"No."
"…or are we flat across the state?"
"It's flat across the state."
"Okay. Thank you, Representative."
"Mr. Ford to close."
"Thank you very much for the debate. I ask for the passage of House Bill 3163."
"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? Getaway day, Members. 09800111.docx 29 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 Vote your switches. Meier, Pritchard, Senger, Stewart. Mr. Clerk, please take the record. On this question, there are 82 voting 'yes', 29 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 32… Excuse me, Mr. Clerk. Chair recognizes Representative Scherer."
"Thank you, Mr. Speaker. I… I would just like to do a point of personal privilege."
"Proceed."
"We have the teachers here from right here in Springfield. If they'd please stand in the gallery? We… we just need to all stop, take a moment. These are our teachers that are teaching our children that are going to grow up to do everything from fly in space to be our doctors, and we need to stop, take a look and say thank you, teachers. We appreciate every single thing you do every single day. If it wasn't for you, I don't want to think what our country would be like."
"Thank you, Representative. And we're glad you're here with us, teachers. Now, we move on to House Bill 4… 3224, Mr. Ford. Please read the Bill."
"House Bill 3224, a Bill for an Act concerning courts. Third Reading of this House Bill."
"Mr. Ford."
"Thank you, Mr. Speaker. House Bill 3224 is a Bill to amend the Juvenile Courts Act… Juvenile Court Act by removing the provision that require at least a five year probation period for minors found guilty of a forcible felony other than first 09800111.docx 30 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 degree murder or a Class X felony. I move for the passage of House Bill 3224."
"There being… Just in time. Just in time. The Chair recognizes Mr. Reboletti."
"Thank you, Speaker. Will the Sponsor yield?"
"Absolutely."
"Representative, why are we changing the amount of probation for some of these felonies?"
"Why are we changing it?"
"Yes."
"I think it's the right thing to do when you talk about evaluating each juvenile for their offense."
"But you're looking at forcible felonies and so, I'm looking at the list of them here that run the gamut from aggravated criminal sexual assault to robbery, aggravated kidnapping, aggravating battery result… resulting in great bodily harm or permanent disability. These are some major- league felonies, Representative, and I'm not sure that we want to have less than five years of supervision. Why would we want to reduce that amount?"
"Well, what we want to do is help the juvenile. Is that right?"
"I'm asking you why we want to reduce the amount."
"Because we want to…"
"These are ma… these are… these are very high… these aren't… these aren't low-level drug offenses. These aren't non-violent crimes. These are about as violent as somebody can commit. And now, we're going to take a five year period 09800111.docx 31 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 of supervision and you want to reduce it to, what would the number be?"
"What… what I would like to do is make sure that everyone understands that, no matter what the case is, that a child still qualifies for a five year probation. And so, we look at each case individually and if the juvenile should be sentenced to a five year probation, they still would have that penalty."
"So, it could… it could be from… the period of probation could be from… could be from one day, or conditionally, all the way to whatever the judge felt like?"
"The… the key is to make sure the judge has the discretion to help the juvenile in… in each case. Just… you know, it's sort of, I mean, I don't think adults have a mandatory five year probation. And why would juveniles have a mandatory five year probation for… It's just not a good law when we follow the juvenile court guidelines."
"But there's no minimum now. So, you're saying that if we reduce this from a mandatory of five years, the judge could sentence the person to a period of probation or a conditional discharge to whatever amount they thought was correct. Is that…"
"We're not reducing it. What we're saying is if we really want to help the juveniles, what we would do is look at a case-by-case scenario. And if the juvenile should be penalized with a five year probation, then they should get five years' probation."
"Well, I can appreciate that, Representative, but I have some grave reservations about reducing the amount of probation on these major felonies. These are the most 09800111.docx 32 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 egregious that we have in the State of Illinois. So, unfortunately, I won't be able to support you in this. Thank you."
"Mr. Ford to close."
"Thank you very much for that… comments over there, whatever his name is. And I move for the passage."
"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? Feigenholtz. Gordon. Please take the record. On this question, there are 32 voting 'yes', 78 voting 'no', and 1 voting 'present'. And the Bill fails. House Bill 3662, Representative Flowers. Please read the Bill."
"House Bill 3662, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Flowers."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 3662 merely adds, as far as transportation is concerned, that we would add the Safe Passage route that's in the City of Chicago to the Section of the law that provides free transportation, for the Chicago Public School students. And I'll be more than happy to answer any questions you may have."
"Representative Ives."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Lady yields."
"Representative Flowers, currently, are they paying people for the Safe Passage routes, to monitor them, or is that all volunteer?" 09800111.docx 33 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"I'm sorry."
"Are they paying people to actually monitor the Safe Passage routes, as it is now, or is that an all-volunteer idea?"
"I think they're paying the people for the Safe Passage route. But unfortunately, the… every route is not safe and when some of the students have to go to school, the Safe Passage workers are not out there. There was a young lady that had to leave very early in the morning and it was dark. And her mother had left before she had. And as a result of her going out in the dark, she was terribly violated. It was all over the news. So, yes, we do have Safe Passage workers. Yes, we do have patrol people. But they're not out at that particular time that the kids have to go to school. Because, remember, they have to get up earlier to go further. And some… some students have to go to the empty schools and wait by the empty schools for the Safe Passage workers to walk them to their new school."
"Would this Bill, then, mandate that kids along the Safe Passage route would have to use the bus system and that you would not be duplicating also having Safe Passage workers and Safe Passage bus routes?"
"Oh, no. What I'm doing is already… first of all, the transportation in the school districts is already the law and the only thing I'm adding to it is the Section to add to the route of Safe Passage. And for the parents who don't live that far from the school, they can continue to have their children to go that route. But for the parents who would like public transportation and/or be reimbursed, as the law is 09800111.docx 34 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 today for transporting their kids back and forth to school, they would be reimbursed for doing so."
"So, in my district, if you live around… along a route that you feel is unsafe, you maybe have to pass a four-lane highway or a state road of that sort, you actually have to fill out a form and get it approved that you… that it's necessary for Safe Passage of your children, that there's some sort of hazard. Would they have to fill out some sort of form identifying this as a necessary need?"
"At your school, right now, you can go to the principal's office and you can pick up an application for transportation reimbursement."
"Right."
"It's the same thing."
"Okay."
"I am merely adding for the reimbursement of transportation for it to be for the students of Safe Passage because the law… currently, the law is if you live a mile and a half away, you can get transportation reimbursement. Or if… the law currently also says in addition to the other requirements of this Section, each school may provide free transportation for any pupil that may be residing in a condition…"
"Of hazard, yeah."
"…that's not conducive to walking either to or from school."
"So, I'm just asking would they have to fill out that form like everybody else that's within a…"
"Of course." 09800111.docx 35 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"…mile and a half?"
"Of course."
"Okay. And then, also, the other question is this is coming out of the CPS budget. There's no more allocation of DAD dollars from the state budget for this. CPS would have to find the dollars. Is that correct?"
"CPS has already been appropriated these dollars for transportation reimbursement. Again, this is already the law, and I am just adding Safe Passage to the existing law."
"Okay. Thank you very much."
"Some of these… some of these very kids were entitled to transportation reimbursement."
"That's great. Thank you."
"Mr. Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Lady yields."
"Representative, I applaud you for bringing this Bill. Nothing is more important than making sure our children are safe. And so I think it makes sense. I'm just… I want to ask a couple of questions that the… following up on how we're going to pay for it because it looks like it's going to cost about $60 million a year and I see that CPS is against it. Is there… is there any thought on how we can get the funding for this?"
"Well, Representative, as I just stated to the previous speaker, we are already paying for this. This money never stopped going to CPS."
"But… but additional… It's…"
"These…" 09800111.docx 36 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"They're saying it's going to cost an additional $60 million."
"Well, I beg the difference with them because they never told that to me…"
"Okay."
"…because, first of all, they're the ones that created these routes. They're the ones that closed the school. But the law is the law in regards to transportation reimbursement."
"I'm…"
"So, what I'm saying to you, I'm not changing anything. I am adding to the law the Safe Passage."
"I'm… I get that. I'm not… and I'm… and I agree with what you're trying to do. But I'm looking at the fiscal impact note and it says it's going to require $60.5 million per year and an additional 911 buses, which I think is astronomical. And that… and they run the estimates. Did you see that fiscal impact note?"
"No. I haven't seen any fiscal impact note..."
"It's…"
"…but I just want to say this."
"Yeah."
"For the violation of that young girl, I think the City of Chicago will be paying out a little bit more than that."
"How…"
"For the… for the… the routes at which these children have to travel and the safety and the harm that we're putting them in harm's way…" 09800111.docx 37 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"Representative, I'm not… I'm not questioning that. I… I'm on your side. I just want to figure out how we can pay for this. So, the fiscal impact note is what the fiscal impact note is, right? Is there a cheaper alternative to get this done? I understand what you want to do and we want to get the kids safely to school and safely home. Would it make more sense, for instance, maybe work with the… with the Chicago Police Department and have more officers at designated times before and after schools, along these Safe Passage routes? Or something that may be creative because I… we want to get to where you want to get to. I just want to make it most efficient for the… for the taxpayers so we can afford it, because if we throw $60 million here, though it's certainly worthwhile, then we lose $60 million worth of funding for an edu… you know, for the kids in the classrooms. So, I'm just wondering, are there any other alternatives that have been explored or that we can explore that can still achieve the same goal that you want at a cheaper price tag."
"Well, Representative, see, I don't know because I don't know what the real budget of CPS is. That's number one. Number two, I don't know how much is set aside already that these children are entitled to. These children, by law. This is existing law…"
"Oh, I know it is."
"…that we're talking about."
"I know it is."
"And so, my question would be to CPS where is the money that is supposed to be set aside? Why is it going to cost 60 09800111.docx 38 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 million? By law, you're supposed to provide this transportation."
"Those…"
"That is the question that I would ask. Not asking me…"
"I know."
"…about where the money's going to come from. The money should already be there."
"Those are perfect questions. And since this is the first time we're calling Third Readings, we've got three weeks. Would you consider taking it out of the record so we can get some answers? And I'm happy to bring them to committee, I'm happy to do whatever you need or meet in our office. But I'd like to know what other options are, where the money is. And I know your heart's in the right place, but I don't want to stick the taxpayers with a $60 million bill if we have a $6 million solution."
"But… but, Representative, I understand what you're saying, and I'll be more than happy to work with you, but my question to you is, I want to know where are the children's money now. Where is it?"
"Well, let's… Okay."
"But the money is there. The money is there. These children are low-income children. There… there's federal moneys for them. There's state moneys for them. So, CPS had a lo… many of opportunities. They've had opportunities…"
"Well, why don't we do this? Why don't we take it out of the record now and give them 'til Tuesday. We'll be back Tuesday at noon and if they haven't got it, let's run it Tuesday. But let's at least let them have those answers 'cause 09800111.docx 39 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 I think… everybody wants to vote with you on this, but I think everybody's scared to because of the numbers."
"You're scared to because of the numbers? It's…"
"Yeah, because we don't want to take away the money for education funding."
"But it's already existing law."
"No…"
"No other school is…"
"But… but I'm just… look at the fiscal impact note, which I know you haven't seen. But the fiscal impact note, if you run your analysis, if you go down to the bottom, it's a $60.5 million per year, 911 additional buses. Let's get to the same place without spending 60 million. That's all I'm saying."
"There will not be $60 million spent, Sir. And, again, these children are entitled to what they are entitled to."
"I agree they're entitled…"
"Mr. Franks…"
"…to Safe Passage."
"And so… And so, my…"
"…could you bring your remarks to a close?"
"Thank you."
"And so… and so, my question to you… my question to you is why is it that you think that I should have to take this Bill out of the record? Because to me, you should be asking CPS…"
"I…"
"…where is the children's money."
"I agree, but they're not here and I wasn't…"
"They… where's…" 09800111.docx 40 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"This is the first time I've seen the Bill."
"Okay. I just want to say one other thing. Let me just say this. We have closed 50… 49 schools. That in itself is a savings for CPS. Why are we constantly putting children's lives in jeopardy because we want to save taxpayers money…"
"I… I don't want put children…"
"…at their expense?"
"I want to support your Bill, but I want to make sure that we're doing it efficiently. So, if you're going to call it, I… I can't vote for it 'cause I don't have enough information because of this fiscal impact note. That's why I'm asking if you wait a few days, you might get more people on. But you know what you're doing. But if it's as it is right now, I don't have enough information to support it. That's all I'm saying."
"And so, because you don't have enough information, you don't think anyone else would support the…"
"I… no…"
"…the children…"
"I don't think… I don't think other people have the information either. That's the problem. I'm trying to help make the decision."
"Well, Representative Jack Franks, I'll be more than happy to work with you on behalf of all the children of the State of Illinois, including those in the City of Chicago. So, Mr. Speaker, would you please take this Bill out of the record until Tuesday?"
"Representative Flowers removes the Bill from the record. House Bill… we're returning on the Calendar to House 09800111.docx 41 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 Bill 2378, Representative Mayfield. This Bill has already been read. Representative Mayfield, you have an answer for Mr. Reboletti?"
"Yes, I do."
"Please proceed."
"And the answer is that, yes, the bills (sic-records) can be unsealed. Actually, there are several ways. An individual can ask to unseal their bill (sic-records). Federal… I'm sorry, not federal. But local law enforcement can also ask that the bill (sic-records) be unsealed should that person reoffend. So, I… I think this is a really good Bill and it definitely gets us where we want to be. Rebolet… Representative?"
"Mr. Reboletti."
"Thank you, Speaker. And thank you, Representative, for taking it out of the record. And that's correct. I wanted the Body to realize that just because something is sealed at the felony level, doesn't always remain sealed and that there are avenues for it to become unsealed if new crimes are committed and convictions entered. So, I will be supporting this measure. Thank you."
"This Bill's been thoroughly debated. 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 record yourselves, Members. Burke, Fortner, Sommer. Please take the record. On this question, there are 65 voting 'yes', 47 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4… 3724, Dan Burke. Mr. Burke. 09800111.docx 42 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 Out of the record. House Bill 3765, Mr. McAuliffe. Please read the Bill."
"House Bill 3765, a Bill for an Act concerning health. Third Reading of this House Bill."
"Mr. McAuliffe."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3765 would ask the Illinois Department of Public Health to write a summary in dealing with dense breasts. This came to me through a… a module van where I was able to see 3-D mammography. Many women find that after going through a regular mammogram, that a lot of times they get a call to come back to be retested. And this is going to let them know that, if they have a dense breast, there may be another option like 3-D mammography would be a better choice for them. I'd be happy to answer any questions."
"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? Crespo, Davidsmeyer, Jones. Mr. Crespo. Mr. Jones. Please take the record. On this question, there are 111 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Page 16 of the Calendar, House Bill 3777, Representative Mussman. Please read the Bill."
"House Bill 3777, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Mussman."
"Thank you, Mr. Speaker and Members of the committee. This House Bill would amend the school code and school 09800111.docx 43 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 construction law so that special education cooperatives could be considered for the school maintenance grants. They were included in the school energy efficiency project grant a few years ago through a Bill sponsored by Representative Cole. According… they are funded according to a formula, so they don't have any taxing authority to raise money and, obviously, need access to our court… capital building funds. I would be happy to answer any questions and appreciate an 'aye' vote."
"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? Mr. Crespo. Please take the record. On this question, there are 112 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4185, David Harris. Please read the Bill."
"House Bill 4185, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Mr. David Harris." Harris, D.: "Thank you, Mr. Speaker. Ladies and Gentlemen of the House, the… the General Assembly Retirement System is governed by a board that includes Legislators and one annuitant member. Excuse me, wrong Bill. Ladies and Gentlemen of the House, House Bill 4185 is a simple TIF extension Bill. All the… all of the letters are in, including one from President Preckwinkle of Cook County. I ask for your support of this Bill."
"Can you tell us what town it is, Sir?" Harris, D.: "Say again?"
"What town." 09800111.docx 44 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 Harris, D.: "Oh, excuse me. This is a TIF extension Bill for the Village of Arlington Heights."
"Gentleman's moved for the passage of the Bill. Those in favor 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 question, there are 108 voting 'yes', 3 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4206, Representative Nekritz. Representative Nekritz. Out of the record. House Bill 4216, Mr. DeLuca. Please read the Bill."
"House Bill 4216, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Mr. DeLuca."
"Thank you, Mr. Speaker. Ladies and Gentlemen, House Bill 4216 is an initiative of the Secretary of State's office, and a loophole was identified in the Local Records Act. So, what this Bill does for the unlawful destruction of records, it creates a penalty consistent with the State Act. And the penalty is a Class IV felony. I ask for a 'yes' vote. Thank you."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Burke, Flowers, Yingling. Kelly Burke. Mr. Yingling. Please take the record. On this question, 112 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4226, Mr. Rosenthal. Please read the Bill." 09800111.docx 45 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"House Bill 4226, a Bill for an Act concerning wildlife. Third Reading of this House Bill."
"Mr. Rosenthal."
"Thank you, Mr. Speaker. House Bill 4226 is an initiative by Illinois Trappers Association and it would allow IDNR to establish an annual bobcat season. In 1972, it was taken off the record. In 1977, it was on the endangered species. Taken off in 1999 and now, we're asking for a season be… to allow IDNR to manage the bobcat."
"Gentleman moves for the passage of the Bill. Those in favor of the Bill will vote 'yes'; and those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Andrade, Mr. Franks, Mr. Stewart. Please take the record. On this question, there are 91 voting 'yes', 20 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Franks, I was already into the request to take the vote when your light went on, Sir. Mr. Franks."
"I appreciate that, Mr. Speaker. I just… I'm concerned that we're running through these a little too quickly. I'm… this is the first time many of us have ever seen the Bills. So while I'm reading the analysis, I don't know whether I have a question, and I didn't have a chance to read it. I would ask that we just slow down by a few seconds, because I presume most everybody here, it's the first time they've seen it."
"Fair enough, Sir. House Bill 4227, Representative Sente. Please read the Bill." 09800111.docx 46 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"House Bill 4227, a Bill for an Act concerning safety. Third Reading of this House Bill."
"Representative Sente."
"Thank you, Speaker. House Bill 4227 is a Bill that makes changes to the Electronics Products Site Recycling and Reuse Act. It's an initiative of the Solid Waste Agency of Lake County. Here we just want to streamline the reporting process of recycling electronics by creating a reasonable number of sorting categories from 19 to 6. Most states have about 1 to 2 categories. Twenty-three states already have a similar law. There are no opponents. Passed unanimously out of committee."
"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? Please take the record. On this question, 112 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4264, Mr. Hoffman. Please read the Bill."
"House Bill 4264, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Mr. Hoffman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This would simply amend the Prison Review Board's Vehicle and Equipment Fund to allow the money that is collected to be used for other purposes, including the digitalization of their records and it would stream… streamline the integration of record keeping. I ask for a favorable Roll Call. I know of no opposition." 09800111.docx 47 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"Mr. Hoffman 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? Mr. Franks. Please take the record. On this question, there are 112 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4284, Representative Jakobsson. Please read the Bill."
"House Bill 4284, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Jakobsson."
"Thank you, Mr. Speaker. House Bill 4284 defines factors for which students at the University of Illinois can run for student trustee. The board of trustees at the University of Illinois has three student trustees, one from each campus. And this codifies in the statute what a resident of the State of Illinois is. To be… to qualify, the criteria are… to be a trustee, the criteria are be a full-time student, have a 2.5 GPA, and be a resident of the State of Illinois. So, this Bill sets out that being a resident of the State of Illinois is proof of six months of Illinois domicile, a valid driver's license, an Illinois driver's license, and an Illinois voter registration card. So, it does not… this Bill does not have anything to do with how students pay their tuition, whether they're paying in-state tuition or out-of- state tuition. It clearly codifies what a resident of the State of Illinois is."
"Lady moves for the passage of the Bill. The Chair recognizes Mr. Sandack." 09800111.docx 48 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, what precipitated this… the need for this Bill? What… why was it brought?"
"There have been students at the University of Illinois at Urbana… I don't know if this has happened at other campuses, but very recently, there was a student who ran for trustee, had his paperwork together, and then someone in the administration told him that he didn't qualify as a candidate because he pays out-of-state tuition. This young man lived in the state for, I believe, five years and was a resident of Illinois. He was a full-time student. He's a graduate student by now. And, in fact, he even served on a commission at the City of Urbana and the City of Urbana requires that commission members be residents and as far as I know, Urbana's in the State of Illinois. So, we want to codify what residency is and he is no way trying to change how he pays tuition. He's willing to pay his out-of-state tuition. And I would think that the University of Illinois would, you know, take a good look at this because they have a lot of out-of-state students and they pay a high tuition to be there. It certainly helps the university. But by denying this, they're really denying their students full participation in the student body life."
"So, essentially, this Bill was all about the university's determination that someone was or was not a in- state student?"
"Correct."
"And now, going forward, the University of Illinois, and only the University of Illinois, that includes Chicago and 09800111.docx 49 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 Springfield, I assume, now has this criteria to determine whether someone can be a student trustee…"
"Yes."
"…based on residency?"
"That's right."
"Okay. Thank you for that clarification."
"Mr. Hays."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"Lady yields."
"Representative, as… as you know, we had a robust discussion about this in committee. And you've stated, and I just want to be very, very clear, that this in no way… the intent of the Bill in no way is to open up an end-run around the out- of-state tuition requirement. In other words, the out-of- state tuition is tied, in part, to where are the funds coming for a student to attend the university. So, an out-of-state student, maybe the parents live in California. If the student is not paying over half of that tuition with the funds and means that are coming from them personally, then they still would be described as an out-of-state student for the purpose of tuition. Is that accurate?"
"That's accurate. And this does not affect that at all. This student would still pay out-of-state tuition. When a student comes into the university system as an out-of-state tuition student payer, that doesn't change ever and we're not trying to change that law."
"Okay. I just wanted to… to reiterate that the… the intent of the Bill is for a narrow purpose of running for trustee 09800111.docx 50 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 and in no way should be interpreted as clearing the path for a student to be considered in-state versus out-of-state…"
"That's correct."
"…for tuition purposes."
"Correct."
"Thank you."
"Thank you."
"Representative Jakobsson to close."
"I urge an 'aye' vote, please."
"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 record yourselves. Mr. Thapedi. Please take the record. On this question, there are 103 voting 'yes', 9 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4290, Mr. Sullivan. Please read the Bill."
"House Bill 4290, a Bill for an Act concerning safety. Third Reading of this House Bill."
"Mr. Sullivan."
"Thank you, Mr. Speaker, Ladies and Gentlemen. 4290 amends the Firearm Conceal Carry Act. Provides that a certified instructor who knowingly provides or offers to provide false certification that an applicant has completed the firearms training as required under the Act, is guilty of a Class A misdemeanor. It will also… it will be a non- probationable offense and they will permanently be revoked from being able to offer these classes in the future. I'd be happy to answer any questions." 09800111.docx 51 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"Gentleman moves for the passage of the Bill. The Chair recognizes Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields." Davis, W.: "I want to make sure I understand something, Representative. So, this is someone who presents themselves as one of the trainers for the concealed carry classes…"
"Yes." Davis, W.: "…who's not certified by the State of Illinois…"
"No. No." Davis, W.: "…to do it?"
"No. This is someone that has already been certified by the State of Illinois to provide these classes but then knowingly passes somebody without providing the full training, then would be penalized over this." Davis, W.: "Okay. And you said it would be a… What was the penalty, again?"
"It's a Class A misdemeanor, non-probationable. So, they're going to jail and then they're never going to be able to be a certified instructor in the State of Illinois." Davis, W.: "Well, I'm… I'm not an attorney like you, so what does a Class A misdemeanor mean?"
"I think it's one to a… minimum of one day up to a year in jail." Davis, W.: "One day up to a year?"
"Up to a year in jail." Davis, W.: "Do you think that's enough?"
"Well, there's certainly a debate…" 09800111.docx 52 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 Davis, W.: "I mean, we are… we are talking about firearms, someone who may not be qualified. Is there… are there subsequent penalties if the person he passes goes out and misuses a firearm?"
"Certainly." Davis, W.: "Are… is there something along the line that attaches him to that?"
"There certainly, potentially, could be some civil remedies in that, but…" Davis, W.: "But nothing criminal?"
"…from a legal standpoint…" Davis, W.: "Right now, we don't have a way to penalize these guys. That's the need for this legislation. We don't even think they could be charged with deceptive practices. That's why the State Police chimed in in support of this Bill to start the process of penalizing folks. Now, if you get caught doing this, you're never going to be able to do it again. I think that's fair enough." Davis, W.: "Well, you…"
"I mean, that's… that's strong enough…" Davis, W.: "Meaning… meaning that you…"
"…but we thought, on this side, that we should go farther than to actually make you go to jail." Davis, W.: "Well, when you say they'll never be able to do it again, so they'll never be able to train another class again, or…"
"They will lose their ability to be a certified instructor in the State of Illinois permanently." 09800111.docx 53 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 Davis, W.: "Okay. Would they lose their ability to carry a weapon?"
"I do not believe that a Class A misdemeanor would revoke your FOID card and ability to carry a weapon." Davis, W.: "I'm… I'm asking. I don't know. I assume that young man…"
"I… I do not believe so." Davis, W.: "I assume that young man behind you knows."
"Right. Yeah. No, that's what I mean. I don't believe a Class A misdemeanor goes to the level of revoking your concealed carry permit." Davis, W.: "So, the question in this circumstance, are we going far enough?"
"It's a good baby step to start the process along." Davis, W.: "So, this is okay to start the process in turn… but you don't think it goes far…"
"I… well…" Davis, W.: "You… you think this is sufficient, I guess, is what I'm trying to ask."
"I… I do believe this is sufficient for the time being and then empirical evidence will prove out otherwise, like we've been doing with the whole Concealed Carry Act." Davis, W.: "Well, I'm not necessarily looking at it from a standpoint of conceal and carry. I mean…"
"Sure." Davis, W.: "…to me, this is a serious offense."
"Absolutely." 09800111.docx 54 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 Davis, W.: "We struggle with… with petty offenses and we want high penalties for petty offenses. But this is, to me, very serious…"
"Sure." Davis, W.: "…and it seems like you're kind of taking the low road on…"
"This is… this…" Davis, W.: "…the penalty involved for this."
"For a type of deceptive practices of passing someone or giving someone a certificate is stronger than anything we do in the law today. Now, we did that, stronger than anything in the law today, because of what you just said, we are certifying someone to carry a gun. For that reason, we made it stronger than any other area where instructors certify someone to get a license by the State of Illinois." Davis, W.: "Okay. But, again, if… if I understand you correctly, if he certify… if he or she certifies someone and that individual goes out and commits a crime, a gun offense, that person receives no penalty based on the actions of others. Correct?"
"The person that receives the false certification will have their concealed carry permit revoked. And so, if they are… have that gun and commit a… in essence, they'll be committing a crime because they will not have that concealed carry permit, 'cause it will have been revoked by the State Police and they'll be forced to go back through the course again." 09800111.docx 55 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 Davis, W.: "Okay. And so, this misdemeanor is enough to have their concealed carry permit revoked. Does that mean they'll have their…"
"The concealed carry…" Davis, W.: "…FOID card revoked?"
"If it's a false certification, the State Police is going to revoke that permit and they will then have to go through the penalties again… or go through the classes again. And, potentially, would be not even allowed to if they were the ones that…" Davis, W.: "Whoa, whoa."
"…caused the problem." Davis, W.: "You just said… you just said go through the classes again. So, you mean this person has an opportunity to come back and get it again?"
"I understand. We don't address that portion of this in the law. Potentially, we'll address that, going forward." Davis, W.: "Well… well, why not…"
"What I've been told by the State Police…" Davis, W.: "Well, why not…"
"…is they will revoke that concealed carry permit." Davis, W.: "Well, why not pull it out, fix it, and bring it back appropriately? I… I think people want to vote for this."
"I… I understand…" Davis, W.: "I wouldn't disagree."
"I understand where you're at." Davis, W.: "I wouldn’t disagree. So, again, why not take a step back. Let's fix it to make sure we're covered, and then bring it back." 09800111.docx 56 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"Why don't we continue with the Roll Call? You and I will talk about how we can amend it in the Senate. I'm open to discussions. Certainly." Davis, W.: "Representative, before we make a step forward, inappropriately, why not let's fix it now? That's all. Just say, let's fix it now. I think people want to vote for it. We think… I think on this side, we would agree with you that someone that commits this type of crime, if you will, should be dealt with appropriately."
"Rep… Rep…" Davis, W.: "But let's make sure…"
"Representative…" Davis, W.: "…let's make sure we're doing it right."
"Representative, the State Police have indicated they're not going to be issuing permits to anybody that had this issue. They're… they're just not. I mean, so it's already fixed by rule within the State Police." Davis, W.: "Well, but… in your… in your comments, you mentioned that it's… made it sound like someone, after they serve their time, they could… they could actually apply again…"
"So…" Davis, W.: "…to get this permit."
"The issue…" Davis, W.: "And that's the way you made it sound. If I…"
"The… the issue, and I understand…" Davis, W.: "If I mischaracterized you, please let me know."
"…what you're saying, but the issue comes down to this. The person that potentially received the certificate in error, did they knowingly get into this problem? Or did the 09800111.docx 57 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 person cut corners and pass them and the guy that got the permit didn't know that it was done in error?" Davis, W.: "Well…"
"You don't want to penalize those guys." Davis, W.: "Well, therein lies… therein lies another problem."
"Right. That's why…" Davis, W.: "If the individual who got the permit in error… I'm not saying that they shouldn't be allowed to get a permit moving forward…"
"Right." Davis, W.: "…but apparently, they didn't receive all the appropriate training. So, does that individual have to come back and get the appropriate training from someone certified in order to move forward?"
"That's what the…" Davis, W.: "Does this Bill address that?"
"No. It's addressed by the State Police. That's why we have this. So when we find this out, we penalize the instructor and we move forward and allow this person to then go in, because they didn't know that the problem existed, they can go in and get the training from a different instructor. We don't want to penalize those people. We want to go after the people that are knowingly, fraudulently, passing people out…" Davis, W.: "Then… then let me just ask it this way."
"Sure." Davis, W.: "If someone gets the permit from an individual that you're trying to get at here…"
"Right." 09800111.docx 58 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 Davis, W.: "…what happens to the individual that got the permit? What happens?"
"The permit is revoked." Davis, W.: "From the person who received it? Is that…"
"The… yeah…" Davis, W.: "Is that in the…"
"Yes." Davis, W.: "Is that in the… the Bill? Is that in the…"
"It is revoked 'cause they don't meet the requirements of the 16 hours of training. And so, the police… State Police have already indicated they will revoke that permit." Davis, W.: "They will… what if… what if someone already has that? So… so, if someone has the permit, it'll be revoked?"
"It gets taken back." Davis, W.: "It'll get revoked if they already have it?"
"Yes." Davis, W.: "Okay. So, someone who may be a victim of this obviously will not receive a permit. Correct?"
"Right. They will get revoked." Davis, W.: "But if they've already got it, it'll be revoked."
"Absolutely." Davis, W.: "Okay. Now, that's per the way…"
"Mr. Davis, can you bring your remarks to a close, Sir?" Davis, W.: "I'll do… I'll do my best. I… I still think that the idea of a misdemeanor for someone who commits this act is not high enough…"
"Certainly." 09800111.docx 59 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 Davis, W.: "…and it should be addressed differently. I would prefer we fixed it now versus sending it over to the Senate and fix it. Obviously, that's your choice."
"Sure." Davis, W.: "So, thank you very much, Representative."
"No problem."
"Mr. Harris." Harris, D.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. To the Bill. It might be worthwhile for those folks who are not familiar with the concealed carry permit procedure to understand completely what it is. Not only does an individual have to be fingerprinted, not only does an individual have to go through two or three sets of… of I.D., not only does an individual have to pay the $150 fee, but an individual has to pass 16 hours of training. That 16 hours of training has to be administered by a certified firearms instructor. One of the criticisms that the sheriff of Cook County has said is that these certified instructors are issuing the training certificates to people who have not completed the 16 hours. That's wrong. They shouldn't do it. That's what this Bill addresses. The individuals, the certified instructors who give the classes, usually charge about $300 to give these 6 hours… 16 hours of classes. So, this Bill removes forever the ability of that certified instructor to be a certified instructor. So, not only does he lose the ability to have that certificate of instruction, he also loses a heck of a lot of income because at $300 per class, per student… excuse me, $300 per student, that's a lot of income. They're not going to have that income. This Bill 09800111.docx 60 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 has teeth in it. As the Sponsor said, if you are issued a license, a concealed carry license, based on the fact that you haven't really completed 16 hours of training, you're going to have that license removed and you have to go through the 16 hours of training. So, while some people might want a stronger Bill, this really does have teeth to it. It really does have meaning. I think the Sponsor is responsible in addressing a legitimate concern. We want that concealed carry license permit to be fair, to be direct, and to ensure that… that all of the requirements for the license have been met properly. And the Sponsor has hit on a very positive Bill and should get 'yes' votes on this Bill."
"Mr. Reboletti."
"Thank you, Mr. Speaker. To the Bill. When this issue came up many months ago, we realized, as we realized last year when we drafted the concealed carry legislation, that there would have to be things to be addressed, not only this Session, but in many General Assemblies to come. And we struggle with the sentencing provision, as we have in Judiciary, talking about what the appropriate penalties are and looking at things. What should be penalty enhancements, what should the official penalty level be? So, Representative Sullivan and I and others had numerous conversations with respect to should this be a Class IV felony or a Class A misdemeanor or some other derivation from there. I think that when you have a conviction on your record, it's not something that… people are going to see that. It's a crime of dishonesty. It takes away your ability to instruct people. And as we have seen recently by reports in the Chicago media, 09800111.docx 61 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 there are people, actual people being instructed, that went to law enforcement to say, hey, look, I don’t have my 16 hours completed, this particular instructor said you're done or pay an additional fee and I'll just sign off on this. So, we thought that this was a fair place to start in the sentencing structure. I guess if you want it to be a Class IV felony, then vote 'no'. I think this accomplishes what it is we want to do. It allows the police to investigate it. It's a conviction that cannot be removed from somebody's record. And they can go to jail for up to a year with up to $25 hundred in fines, costs, and penalties. And as Representative Harris said, they're going to lose something that costs a lot to get to. They're going to lose their ability to instruct people. We may need to review this, as far as applicants who are trying to bribe their instructor, but I think we need to take the first measure which is to say that it is a criminal penalty, it is a misdemeanor, to try to give somebody a license or to not have them complete their licensing, and so they should be convicted of a Class A misdemeanor. I would urge your support."
"Mr. Sandack."
"Thank you, Mr. Speaker. A few questions of the Sponsor."
"Sponsor yields."
"Representative, as we stand here today, what penalties exist for someone who commits an act of dishonesty and permits someone… what… what's the consequence right now?"
"As of today, because the new law of Concealed Carry Act, we do not even believe that we could charge that person 09800111.docx 62 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 with deceptive practices, so there is no penalties. Are no penalties."
"So, your Bill would create a, basically, a law, a criminal law, for someone that knowingly violates the Concealed Carry Statute in the training of consequences, thereunder?"
"Yes."
"To the Bill. This came out of the Judiciary Committee on a unanimous vote. Both sides of the aisle understood that a loophole existed in the law and that this was a necessary law to stop dishonest practices. Certainly, a legitimate argument may be made that it's not enough penalty. I respect that discussion, but for purposes of today, we have a good process. Certainly, if we start seeing habitual violations, we ought to address the penalty stage. But I… I find it somewhat ironic that someone wants to get into a higher… a discussion of higher penalties when there are no penalties at all right now. I urge a 'yes' vote. Thank you."
"Mr. Andrade."
"Yes, thank you. I have a question to the…"
"The Sponsor yields."
"What did the commercial driver's license… The instructors that basically took bribes and falsified the tests for the commercial driver's license in the CDL scandal, those were instructors. Didn't they get charged with something?"
"The Federal Government came in and charged them, then they went to jail." 09800111.docx 63 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"Okay. So, the state wasn't… they… we didn't charge them with anything?"
"I believe that the feds came in, 'cause you're talking about interstate commerce."
"Okay. All right. And if the instructor… his student that… would he be char… can he be… and he goes and kills someone that was licensed with this carry concealed weapon, and he falsified the… his license, can you be charged for accessory for murder, if he indirectly?"
"I believe that there's a civil lawsuit in regard to the family that was killed on the highway…"
"All right. All right, thank you."
"…in the millions of dollar range. I… I don't have that exact data. I wouldn't really be looking at that when… regard to concealed carry."
"Okay."
"But I believe that there was a civil suit that was awarded about $8.7 million in damages."
"Oh. All right. Thank you. Thank you very much."
"Mr. Sullivan to close."
"Thank you. I think we've had a spirited debate. I'm not reinventing the wheel here. We're trying to close a loophole within the law. And I ask for a favorable vote."
"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? Mr. Schmitz. Please take the record. On this question, there are 109 voting 'yes', 2 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared 09800111.docx 64 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 passed. Mr. Clerk, returning to page 15 of the Calendar, Representative Flowers took her Bill out of the record to have a conversation with Mr. Franks. Please put House Bill 3662 on the board. Representative Flowers."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I had a conversation with Representative Jack Franks and I asked him would he… after he asked me to take the Bill out of the record, and I did. And I went over and I asked would he commit to voting for the Bill since I took it out of the record. And he said no, he's not going to vote for it, he just wanted to know how much it cost. So, as a result of that, I would appreciate an 'aye' vote on behalf of the children of the State of Illinois, the City of Chicago, in regards to House Bill 3662."
"Mr. Arroyo."
"Mr. Speaker, I thought we weren’t going to call no Bills back until Tuesday."
"We took it out of the record to accommodate a Member, Sir."
"Who… what Member was that?"
"That was… I'd hate to say his name in debate. It was a Member, Sir."
"So… so, you are here to satisfy certain Members and certain Members you don't? I thought we heard that you said Tuesday. Or at least I did. I don't know."
"I don't recall saying…"
"Could you tell me the individual's name that you were trying…" 09800111.docx 65 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"…Tuesday, but there will a Tuesday coming up, Sir. Does that complete your remarks?"
"I'm thinking about it. Can you give me a minute, please? Can you accommodate me for five minutes?"
"I'll come back to you, Sir. Mr. Hays."
"Representative, in the original discussion, the question was asked, where's the money? And I guess I ask the same question. For my downstate school districts, the transportation money was prorated at 70 percent. The last payment wasn't sent at all. I have the same question. Where's the money? The last time around, the last two years, the education fund has been prorated to 89 percent, despite the largest tax increase in the history of this state. Where's the money? Why on earth has education been traded in as a priority in this state for other things? I have the same question and I appreciate your question. Where is the money?"
"I will tell you where the money is, Sir. The money is in the coffers of the City of Chicago public school system and it belongs to the children. That's where the money is."
"And it belongs to the downstate children too, Ma'am. Would you add them in?"
"It belongs to the children. It belongs to your child…"
"Would you add them in?"
"…it belongs to my child. That's where the money is. The money doesn't belong in the administration. The money does not belong in the contractors. The children should not be forced to walk when the existing law already says that they are entitled to transportation. I am not changing that part of the law. Do you understand?" 09800111.docx 66 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"I under…"
"I am not changing…"
"I understand clearly…"
"…that part of the law."
"I understand, clearly, that the children in my district…"
"It is existing law. The children…"
"…that travel 30 miles each way to school…"
"…of the City of Chicago deserve to be respected."
"…didn't get their last payment."
"The children of the City of Chicago deserve to be protected. And that's exactly what this Bill would do. It will put them on an equal playing field. They have no reason to be put in harm's way because of greed of some of these people. I will not tolerate it. I urge an 'aye' vote. Thank you, Mr. Speaker."
"To the Bill. To the Bill. My question simply is, don't the children in every corner of the state deserve the same courtesy? The children in my district are traveling 35 miles each way to school, yet they have been prorated at 70 percent, the last payment not forthcoming at all. All school districts have been prorated to 89 percent because, frankly, despite what the Governor said yesterday, education in this state has been traded in as a priority despite the largest tax increase in the history, in the history, of Illinois. Education has been traded in as a priority because the money has been spent elsewhere. The money should be coming to all districts. I ask the same question, where's the money?"
"Mr. Ford."
"Thank you, Mr. Speaker. Would the Sponsor yield?" 09800111.docx 67 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"I'm sure the Sponsor would be happy to yield."
"Well, thank you for not waiting until Tuesday, Representative Flowers. And the question that I have is will this Bill require a new appropriation for the money?"
"Representative, every year we appropriate new moneys for something in this state. And the Transportation Act of the State of Illinois is no different."
"And the other question that I have, Representative, is does this Bill prevent any other Representative for standing up for their community and asking for funding to have their students have Safe Passage?"
"Representative, I'm glad you asked that question because current law for the State of Illinois and 105 ILCS 5/29-3, Chapters 122, paragraph 29-3 says transportation in school districts. In school district. It does not specifically says in school districts in the City of Chicago, in school districts downstate. It says in school districts. And because it's in the state statute, it's in school districts within the State of Illinois. It says that within school districts, it will be required to provide transportation. It shall provide free transportation for pupils residing at a certain distance or its pupil who have to go in harm's way. That is already existing law, Ladies and Gentlemen. The only thing that I have done was to add Safe Passage for those students who could have, who could have, taken a bus as opposed to walk. Maybe their parents don't know, but Safe Passage children who need to take a bus, they should be able to do so. This is not a mandate. It's not saying that the students have to take a bus. It's not saying that they shall take a 09800111.docx 68 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 bus. It's not saying that the department or the… the district shall. It's already the law."
"And, Representative, if the parents decide to take advantage of this, how would they receive the funding for the Safe Passage?"
"Representative, they would… the parents of the City of Chicago who… whose children have to go through the Safe Passage Act will do like the rest of the parents across the state. They would go to the principal's office. They would ask for an application. The application would be authenticated by the school district. The school district will say yay or nay. If it says yay, a check will be sent from the State Board of Education. If it says nay, there will be not checks involved. Thank you."
"Thank you, Representative. I think it's a good Bill. To the Bill, Mr. Speaker. I think that Representative answering a call for the students in Chicago who have been misplaced and have to now walk, sometimes two miles from their home or more, to get to the… their home school. So, this is a good Bill, Representative, and I thank you for bringing it. It will impact, not only your district, but it will impact the community where I represent, where seven schools were closed. Thank you for sponsoring this Bill."
"Mr. Mitchell." Mitchell, C.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." Mitchell, C.: "Representative, just a couple of… of questions on the Bill. I… I could've sworn I read in the… the Tribune, and I want to say it was a day ago, that there had been no major 09800111.docx 69 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 incidents involving students along Safe Passage routes during operational hours. I just wanted to know if you had heard or seen something different."
"Representative, I have not had the opportunity to read the papers lately." Mitchell, C.: "Okay."
"So… but I do know… I do know about the shootings that has occurred around the schools. I do know about the incidents that has occurred around the school. I do know about some of the parents who have called my office stating that their young children have to stand outside the empty school that they used to attend. The lights are on inside the school, the heat is on inside the empty school, and the padlock is on the door. They have to stand in front of the empty school until a Safe Passage worker comes by and walks them to their regular school. Sometimes they have to stand in the dark, alone, waiting on a Safe Passage. And, unfortunately, so many young kids have had to walk by themselves in the dark. And their parents wish there was a way that they could get some type of transportation." Mitchell, C.: "Sure. Sure. I understand that and I just want to make sure this does what you intend it to. So, that was question one. Question two is, just with the way the language is drafted, I think there's a concern that this could potentially be broader than just the $60 million spent that it currently is, according to the fiscal note, that it could be bigger than that. So, is there any way to tailor it in such a way to really narrowly define we're talking about safe… I want to be clear, Mary, that I share your concern, that I 09800111.docx 70 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 have many Safe Passage routes just outside my door, as well as in my district. But the question is, given the size of the structural budget deficit of CPS, could this potentially have a larger fiscal impact than we here… and this is only because we need after school programs, we need early childhood education, we need all those things, is there a way to tailor that more narrowly?"
"Well, Representative, I'm glad you asked that question because, number one, all the students that have to walk the Safe Passage way is not required, or it's not necessary, for them to take the public transportation. That's number one. And, number two, what you need to understand, that I have not changed current law, so anything that you're reading now, is current law. And that was done back in the early 80's. I had nothing to do with… well, I'm not going to say that because I did have something to do with the original Bill. But I have not touched current law. I only added Safe Passage to what is the current law. And, again, I have to ask the question, where is the savings from the closing of the 49 schools. And, again, we have a new fiscal year coming up and maybe we could review and see how much it's going to cost, because some of these children, under current law, is entitled now to public transportation." Mitchell, C.: "Okay. Thank you."
"Mr. Zalewski."
"Mr. Speaker, I move the previous question."
"Gentleman moves for the previous question. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the previous question is put. Representative Flowers to close." 09800111.docx 71 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"I would appreciate an 'aye' vote."
"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 record yourselves, Members. Andrade. Please take the record. On this question, there are 73 voting 'yes', 39 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Returning to page 16 of the Calendar, there appears House Bill 4320, Mr. Drury. Please read the Bill."
"House Bill 4320, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Mr. Drury."
"Thank you, Mr. Speaker. House Bill 4320 addresses the issue of revenge pornography. This is when a former partner posts, without consent, a sexually explicit photograph or video of their partner online. And this would make this a criminal offence. Right now, there's absolutely no criminal law that deals with this horrible, horrific crime that disproportionately affects women. Ninety percent of the victims of this are women. This passed out of the Judiciary Committee unanimously. And I ask for a strong 'aye' vote."
"Gentleman moves for the passage of the Bill. The Chair recognizes Mr. Reboletti."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, you were talking about the issue of consent and when the person could… the person who possesses the image or the video would actually send it to somebody, distribute it to somebody. You and I have had this 09800111.docx 72 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 conversation in committee and outside of committee. When does the consent end? So, if the relationship ends, the person possesses images… excuse me… or video, if the relationship ends in divorce, it ends in a break-up, whatever, does that mean that that person cannot send those images or that video at that time? Is that when consent is revoked?"
"I think that's a great question, and it goes back to when the actual image was taken. There was never consent to post the image on the internet and distribute it to the whole world. So, it's not a matter of the relationship ending and the consent being revoked. There was never consent to begin with. Someone could be in a relationship and they could post it without the consent. So, I'm glad that you brought that up 'cause I wanted to clarify that. Someone who, in an intimate relationship, agrees to do this for whatever reason, doesn't consent to that leaving the confines of the relationship. And that's what this Bill's targeting."
"So, you're saying even in a… in a marriage, if a person posts an image or a video, that it would be revenge porn that person could be charged with that offense. Is that fair to say?"
"If the person knew that he did not have consent or she did not have consent to post it, that… that could come within the Bill."
"What other states have this in statute already?"
"New Jersey was the first, California and Alaska have form… already have this is in… in law. And I believe there's 13 states right now where it's on the floor of their General Assemblies." 09800111.docx 73 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"And how… and in New Jersey, how long has that law been in effect?"
"I believe in 2004, Representative, but I may be off by a year or two."
"And how many successful prosecutions were there for revenge porn in New Jersey in these last ten years or so?"
"I know this came up in committee. I don't recall the exact numbers. It was relatively low number of prosecutions all together. I… I can't break down for the successful versus unsuccessful."
"Is… is there a concern that the state's attorneys won't have enough resources to prosecute these cases, as you're well aware, Representative, that they are already overwhelmed with cases of child pornography and that this would take away additional resources to devote towards that if they're working on these types of cases?"
"I don't believe that that's… that's a concern that any state's attorney has made me aware of. It's a crime like we have crimes all the time and this is just another form of domestic abuse that prosecutors would have to prosecute and investigate it just like any other crime against a person."
"Is there another way to go about this besides the criminalization? Could this be something that can be added in an order of protection? So, I know that people can be threatened with the… the distribution of these images. So, you have a break-up but the person does not post it and continues to threaten the ex-spouse, ex-girlfriend, with posting these images. Is that something that this Bill addresses?" 09800111.docx 74 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"This Bill addresses the issue of… of stopping the conduct to begin with. By… by criminalizing this conduct, we're seeking to detour conduct, which is one of the main purposes of the criminal law. And so, by letting people know that if you engage in this conduct, there will be a criminal penalty, whereas there's not one now, we can stop the conduct, protect our spouses, protect people that we love, protect our children who are going to be the real victims of this with proliferation of video cameras in our pockets and cell phones and everything. This is going to be a problem that is not going to go away. And as a responsible General Assembly, this is the type of thing that we should be proactive about to make sure that we don't find our loved ones on the other end of revenge porn."
"What happens if a third party receives it and then they post that image or send it out to their friends? So, does that person now possess contraband and they are now charged, also, with revenge porn? Or is only the person who actually had the initial possession in the relationship that then posts it or forwards it?"
"This… this Bill does not ban the possession. It's not a possession Bill, it's a distribution Bill. So, the person who knowingly distributes revenge porn without the person's consent, that person falls within the auspices of this Bill. The person who possesses it is not within the four corners of the legislation."
"So, there's no criminal charge for that person?"
"I'm sorry."
"There's no criminal charge for that person?" 09800111.docx 75 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"For the person who simply possesses it?"
"That's correct."
"That's not written into this legislation. It's a distribution Bill."
"But if they distribute it, are they also, then, somebody that would fall under the auspices of this legislation?"
"You know, we're… this goes down to some hypotheticals. There could be a hypothetical where the person who gets it knows that the person in consent… they knew the original person and they had actual knowledge. That person would… would come within the Bill. But someone who simply pulls it off the internet on a revenge porn sight, which are proliferating all over the internet, and they don't know that this is revenge porn, then they don't meet the knowledge requirements and couldn’t be prosecuted."
"Thank you."
"Mr. Drury to close."
"I ask for an 'aye' vote on this very important piece of legislation."
"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? Jackson. Please take the record. On this question, there are 110 voting 'yes', 2 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, what is the status of House Bill 4360, 4360?"
"House Bill 4360 is on the Order of Third Reading." 09800111.docx 76 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"Please move this Bill to the Order of Second Reading at the request of the Sponsor. House Bill 4377, Mr. Harms. Please read the Bill."
"House Bill 4377, a Bill for an Act concerning wildlife. Third Reading of this House Bill."
"Mr. Harms."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4377 amends the Wildlife Code to provide that a bow and arrow device may be possessed or carried in a vehicle without being unstrung or in a case or otherwise made inoperable. I move for its passage and I'd be happy to answer any questions."
"Representative Cassidy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"I note in our analysis that the organizations representing bow hunters are opposed to this Bill. Can you explain, perhaps, why they would not want this change made?"
"They never talked to me and it's not in our analysis. I don't know."
"It would seem to me… to the Bill. It would seem to me that in… in a matter affecting a highly specialized activity, such as bow hunting, we would, perhaps, want to defer to the judgment of the Department of Natural Resources and the organizations that represent the people that make use of this equipment for the best judgment in terms of how to regulate them. So, I strongly urge a 'no' vote."
"Mr. Riley." 09800111.docx 77 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"Thank you, Mr. Speaker. To the Bill. I have passed and attempted to pass a number of Bills dealing with crossbows, longbows and other types of devices to make their use a little bit more liberal to those who like to hunt and who… for those who are into sports with bows. One of the things I want people to understand is that there's a lot of controversy within the hunting and sports cognoscenti, if you will, regarding bows. And so often, when you see opposition, that's not necessarily because they are the best arbiters of what we should do, you know, with these… with these instruments. For example, I had a crossbow Bill that passed out of this House and the opposition felt that there would be a proliferation of crossbows just taking all of the deer and… and it was a ridiculous characterization. Some people said that crossbows had similar muzzle velocities of .22 rifles which, of course, is ridiculous. So, many times, you'll see opposition in these cases that have absolutely nothing to do with, you know, the science of… of these particular instruments. I'm going to be supporting this Bill. Thank you."
"Mr. Harms to close."
"Thank you, Mr. Speaker. The… the Bill was amended to take away the opposition of the Conservation Police, as well as the opposition of DNR. I have no contact… and the NRA supported this. I don't know why the Bowhunters Association didn't speak to me but the Amendment removed all opposition that we knew of. And I would appreciate an 'aye' vote."
"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? Mr. Martwick, Mr. Sommer. Please take the 09800111.docx 78 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 record. On this question, there are 84 voting 'yes', 28 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Mr. Bost."
"Thank you, Mr. Speaker. If… for the rest of the day, if you could put it on the record, Representative Cross and Schmitz are excused."
"The record will reflect their absence. House Bill 4410, David Harris. David Harris. Please read the Bill."
"House Bill 4410, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Mr. Harris." Harris, D.: "Thank you, Mr. Speaker. I'll see if I can get this Bill right. House Bill 4410 increases the penalty for violations of the Animal Welfare Act. The genesis of this Bill was that several young constituents of mine, actually in grade school, wanted to do something about the puppy lemon… or, excuse me, about puppy mills. And I mentioned to them that we had passed the Puppy Lemon Law last year and I'm not… I wasn't sure what else we could do. But then, I looked at the Animal Welfare Act and I noticed that the penalties in the Act were really fairly minimal and there have been many instances recently of animal cruelty. And I felt that it was appropriate to increase the… the fines under the… the Act, and that's what this Bill does. It increases the fines both of the first, second and the third offense of the Animal Welfare Act. I'd be happy to answer any questions and I ask for your support." 09800111.docx 79 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"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? Sosnowski. Please take the record. On this question, there are 104 voting 'yes', 6 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4442, Monique Davis. Please read the Bill."
"House Bill 4442, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Representative Davis." Davis, M.: "Thank you. Thank you, Mr. Speaker. House Bill 4442 removes the sunset date from the racial profiling Bill. And we have been working with the Racial Profiling Commission and they would like additional time to study… continue the study. And I'd ask for an 'aye' vote."
"Lady moves for the passage of the Bill. The Chair recognizes Mr. Reboletti."
"Thank you, Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, my understanding is that this does not sunset until July 1 of 2015. Why is there a need today to extend that out?" Davis, M.: "Well, we thought it would be a good idea to get it extended at this time, rather than have to worry about it for some future time. Dr. Weiss, who is doing the research and putting the study together, he asked us to do it at this time."
"So, we've been investigating and studying this through the commission and there's been some reports. What is 09800111.docx 80 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 additional information going to reveal that we don’t already know?" Davis, M.: "Well, we're looking for certain patterns, and whenever research is being done, in order to make that research viable, it has to be done over certain period of time. And the feeling from this expert is that that time… it is not enough time, as yet, to make the information valid."
"So, how much more time would you need, then, to make this valid, based on this expert's opinion?" Davis, M.: "Well, I would… I would think a year or two, but I'm not sure. I don't know. That's why we're just removing the sunset date."
"So, this will… this study will go on forever?" Davis, M.: "Pardon?"
"This study will go on forever in perpetuity?" Davis, M.: "Well, it doesn't say that, Representative. Any… next year or the year after, that Legislature could abolish the commission and also end the study."
"No, I… I appreciate that, but when you remove the sunset, that means it goes on forever. So, it's your intention to have this study go on forever." Davis, M.: "Well, it really doesn’t say that. The law does not say it'll go on forever. The law just says we're removing the sunset date in order that the study can continue and at any time the Legislature or we could… the commission could decide to end the study. It doesn't have to be perpetuity."
"And, I'm sure you've had a chance to review the studies and you've reviewed some of the reports. Has any of the information changed from year to year?" 09800111.docx 81 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 Davis, M.: "Well, as you know, patterns change and people move. One of the things that the study does show is when they're certain violations in certain districts, and those superintendents can deal with it. At this point, it doesn't show a steady… what you might be looking for, it doesn't show that. We find that a number of… well, just a number of things that occur but they're perhaps not frequent enough for a decision or determination to be made by the… Dr. Weiss, who is compiling the data."
"Again, I'm just… I'm concerned that we need to have a study that goes on forever, which is what you're asking this Body to do, when we still have another year left on this particular extension that you and I, I think, discussed a few years back. And so, now we've been studying this for 10 years. Do you know, Representative, how much longer a traffic stop takes based on having to record this data?" Davis, M.: "You know, Representative, we… we just issued the temporary visitors licenses and we have not been able to include them in the study yet. They will be a part of the study, but we have not included them yet. So, we'll need the results from that."
"What will the difference be, Representative? Because I'm assuming many of those people were already driving and so they would've been subject to the study. Is that fair to say?" Davis, M.: "Well, I'm not sure about that. Many of them were not driving because they didn't have driver's licenses."
"Representative, I've prosecuted hundreds of people who didn't have a driver's license that were here legally and not here legally, that drove on the state roads. So, those 09800111.docx 82 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 people are already driving. Some have… many have driven without a valid license, so I'm assuming that they would be part of the study because they have already traveled on Illinois roads. So now, you're saying that we need to amend this because of the TDDLs. Is that right?" Davis, M.: "Well, you know, I'm… I'm sorry that you feel that, perhaps, it shouldn't continue. But one of the things that the data analyzes and scrutinizes is evidence of statistically significant alterations… apparitions… aberrations, I'm sorry, provided examples of areas where statistically significant differences can be found and includes but are not limited to: the percentage of minority drivers or passengers being stopped in a given area compared to the percentage of people or minorities that are in that overall population, a substantial number of false stops including stops not resulting in the issuance of a traffic ticket or an arrest, a disparity between the proportion of citations issued to minorities and proportion of minorities in the population, a disparity among the officers of the same law enforcement agency with regard to the number of minority owners or passengers being stopped in an area. Anyway, so, it's those kind of issues that are being looked at. And I don't think that we can say today that we have conclusive evidence that it's occurring here or there, therefore it needs to continue."
"Well, what about transient driving populations versus the population in a particular area? Does this study take that into contemplation?" Davis, M.: "I'm sorry. I didn't hear you." 09800111.docx 83 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"Mr. Reboletti, can you bring your remarks to a close after this answer? Thank you. Please proceed, Representative." Davis, M.: "I didn't hear your question."
"I… I said does this study take into contemplation that you have a transient driving population as well as a population that… in a dedicated region or area of a… of a community?" Davis, M.: "Yes, Sir. It absolutely does. It takes that into account."
"Mr. Speaker, if I may, briefly, to the Bill. Mr. Speaker, Ladies and Gentlemen of the House, I'm not sure why we need to repeal the elimination date of July of 2015. There is no date… hard date we're up against right now that we need to have… they need additional time or information that can't be gleaned for another year. What we do know is that the same information is being gathered almost every year and that any recommendations that should be brought to this Body, Bills should be filed if necessary so that we can change the behavior of police officers if they are violating state or federal law. What we do know is that when officers work in a certain area, if they work in an area that has a certain minority population, they're more likely to pull that population over than they are to pull other people over. And when they work on an expressway or highways with high transient population, the numbers are going to change. So, it is unfortunate that there are some officers that are going to pull people over because of their background, but I'm not sure this study's going to be able to stop those people. I 09800111.docx 84 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 think there are a lot of rules in place and laws in place to punish those that do that. I don't think we need to remove this sunset. And I would urge a 'no' vote."
"The Chair recognizes Leader Currie."
"Thank you, Speaker. Please let the record show that Representative Zalewski is excused for the remainder of the day, which we…"
Speaker Lang: "Thank you. The record will reflect that announcement. Mr. Cabello."
"Thank you, Mr. Speaker. To the Bill. I rise to, unfortunately, speak against this Bill. As doing the job for almost 20 years, there… there's some definite problems with this. One, nobody can tell us when we first started this. We… are you supposed to fill it out, thinking, when you see somebody come by you to pull over, or are you supposed to put the race down after you have already… when you see the driver? So, there… there's problems with it 'cause, you know, if it's night time, sometimes you can't see who's in the car. There's also problems because this doesn't really do anything. There… there's… we have never received any information on this. Our department, I don't believe, has ever received any of the information on this. It… it's cumbersome. I believe that we should let it sunset in 2015. And I would requestfully ask that we… we have a 'no' vote on this. Thank you."
"Mr. Anthony.
"Thank you, Mr. Speaker. Will the speaker (sic- Sponsor) yield?"
"Sponsor yields." 09800111.docx 85 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"Sponsor, forgive me. Representative, I asked you this question in committee and I didn't get an answer. Have you ever done a police ride-along?" Davis, M.: "Have I ever done what?"
"A police ride-along." Davis, M.: "No, Sir. I have not."
"Okay. Because if… if you had done a police ride-along, you would see how hard it is for a police officer who's on patrol to see into a car, especially at 35 miles an hour, wherever you're patrolling. I've patrolled streets…" Davis, M.: "Repre…"
"…city streets and county streets." Davis, M.: "Let me just say, the Bill…"
"I… no, let me… I'm talking right now." Davis, M.: "All right. Go on. All right."
"Let me advise… let… please let me advise. Do a police ride-along and I promise you this Bill would not be here on this floor. Because those hard working men and women that are out there in that uniform, who give their life, who… who go out there as… as the Representative said earlier today, with the fire and the police, when they're out there on those streets protecting you while you sleep comfortably in your own bed. I rise as a 'no' vote on this Bill. And I commend… I ask that my fellow colleagues would do the same. Thank you."
"Mr. Davis." Davis, W.: "Thank you, Mr. Speaker. To the Bill. News flash, everyone. Whether we like it or not, here in the State of Illinois, racial profiling exists. It exists. Again, you don't want to… nobody would want to admit to it. With all due 09800111.docx 86 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 respect to the officers that are in the General Assembly, who probably uphold themselves to the highest standard of the law, don't participate in any of that foolishness, I appreciate that and welcome that. But, unfortunately, under some circumstances and in some parts of the State of Illinois, it exists. The sole purpose of this study was to try to prove that that happens. But when some police departments were told they needed to fill out the contact cards, many of them refused to do it. So, again, they decided that they weren't going to uphold the law and not fill out the cards. I can appreciate it. I wish we didn't have to do this. I wish this Bill was not necessary but unfortunately, in this state, in some areas of the state, it does exist. And that's what this is attempting to acknowledge and to recognize and see if there's a way that we can try to mitigate it moving forward. Simple as that. That's all. So, again, if… if you want to debate over whether or not it should be a sunset on it or not, fine. Let's debate that. But let's not… let's not forget what the sole purpose of this was in the first place. It does exist whether we want to admit it or not."
"Mr. Brown."
"Thank you, Mr. Speaker. I yield my time to Representative John Anthony."
"Mr. Anthony."
"Thank you, Mr. Speaker. To the Bill. The Bill itself is not a good Bill. As a police officer, I've been out on the road, and I've stopped a black person who told me that I stopped him only because he's black. How asinine. How much stupidity from that statement. If you looked at my police 09800111.docx 87 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 record, you would say to yourself, because of the… as Representative Reboletti spoke to earlier, you would look at my record and see who I've pulled over. Again, I rise to say that this Bill, this study, which is… I stood on the policy review team of my sheriff's department, and most departments around this entire state are now putting in policies in place to combat this issue. Does it happen? Yes, but not on a grand scale. That's why this study needs to go away. Thank you, Mr. Speaker."
"Representative Bellock."
"Thank you. I'd just like to yield my time to Representative Cabello."
"Mr. Cabello."
"Thank you, Mr. Speaker. One thing that we do need to realize is that officers are assigned to certain areas in certain towns. Sometimes it's due to seniority. So, if you are working a certain part of town, sometimes you are going to be dealing with a certain segment of population. So, a lot of the times, the people that you are pulling over are actually the people that live there because they've just had a violation of the law and you're pulling them over. So, sometimes this data is going to be flawed because of where a officer is assigned. And, again, it might not be where that officer wants to work, but due to seniority or some other reasons throughout the police department, they are assigned to that area. So, I don't… this does not cover that. There… there's a lot of things that are unfortunately wrong with this Bill, not to mention that everything is already recorded, whether it is on a traffic crash, the race is recorded. 09800111.docx 88 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 Whether it's on a… any type of police report, the race is already recorded. So, they can already go through and find out that data from every single officer. Thank you."
"Mr. Reboletti, you already spoke in debate."
"My name was used in debate, Speaker."
"Then please proceed."
"Thank you, Speaker, for recognizing that my name was used in debate. You know, Ladies and Gentlemen, one of the previous speakers says the reason we need to keep this is because things keep happening. I already said it does but you have a study for 10 years. Ten years. Where are the recommendations? Where are the implementations? So, now we're going to have something that will, again, will go in perpetuity because now the belief on this floor is that this study will simply stop bad behavior. The numbers haven't changed. And what we don't want is what some police officers do, which is they travel to different parts of the neighborhood so one day they lock up one population… or stop one population, then they drive to a different part of the town to then write X amount of tickets to a different population so that can blend all these things together. And then we ask police officers to make a determination of the person's background based off of what? They don't have experience and training in that. If the people self-identify, they can check that box. If a person is of mixed race, what box do they check? So, how much new information are we gathering? Ten years of information that has another year to go, but the… the problem here is that we can't do it forever, so we have a problem now. Bring the recommendations. Let's 09800111.docx 89 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 file the legislation. Let's pass that. Let's end this endless study and move on to the next piece of legislation."
"Leader Currie."
"Thank you, Mr. Speaker and Members of the House. I rise in strong support of this measure. We do know that the mere fact of having to record this information is likely to encourage officers to ask themselves the question am I using the same standard for all of the traffic stops. Second, the most recent study analysis of what happens out in the streets, and this was done by an independent consulting firm, found, first of all, that African-Americans and Latinos were twice as likely to be stopped in proportion to their share of the population as were whites. They were also much more likely to be asked to consent to a search. And, finally, 60 percent of the searches of whites yielded contraband more than the searches of the African-American and Latino automobiles. I think it's important for our police departments, the State Police, local police departments to continue to ask the question why are we treating people differently based on the race that they present when they're driving a car. I think that dialogue is healthy. I think that dialogue can help us end discrimination. I think passage of House Bill 4442 makes sure that the dialogue continues and encourages police to continue doing the best job, not a discriminatory job, when they are stopping people on the highways and the byways. I urge your 'yes' vote."
"Mr. Acevedo."
"Sponsor yield?"
"Sponsor yields." 09800111.docx 90 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"How much does this study cost?" Davis, M.: "The Federal Government provides some of the funds and there is no additional cost that I know of. No. I'm… I’m not sure. There's no… we haven't gotten an appropriation for this. There's no appropriation."
"So, who…" Davis, M.: "But… but there… but there are federal funds that assist with the study."
"But who pays for the study? You said the Federal Government. Yeah." Davis, M.: "The Federal Government pays for the study."
"Yeah. How much?" Davis, M.: "It comes from the Highway Safety Fund, Highway Safety Fund."
"I know that 'cause I read it on the Bill, the analysis. But I'm saying, how much does…" Davis, M.: "But, I don't… I don’t have the total with me, Representative Acevedo."
"Okay. To the Bill, Ladies and Gentlemen. One colleague of mine said does racial profiling occur? Absolutely. We've studied this for the past 10 years. Racial profiling happens everywhere. But I will tell you this, as a police officer, when I'm in that squad car, I don't care if you're black, Mexican, white, green, purple. My main goal is to keep our streets safe and to go home at nighttime. Yes, I've pulled over Hispanics. I've searched them and maybe they thought I was racial profiling. But you know what? Last I heard, I got a Mexican surname. I have… I'm 100 percent Latino. I don't look at a person because of the color of their skin or their 09800111.docx 91 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 religion. I look at them because if they're doing something wrong, I consider them a bad guy, a bad guy that I want to put away and keep them off the streets to keep our community safer. This is what it's all about. Yes, racial profiling, unfortunately, does understand. But I think the funding that we get for our federal highways, we could do… we could use it for better purposes. I think we've done enough studies and I've seen where we, as Chicago police officers and police officers throughout the State of Illinois, we do stop them. They're called contact cards. And I think we've done that study long enough. Thank you."
"Mr. Sims."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. You know, I've… I've sat quietly and patiently and listened to debate, but let me tell you a story. An African- American gentleman was walking in a predominantly white community. This Africa-American gentleman is pulled over and stopped and accosted by several police officers. The African- American gentleman is questioned as to why he's in that community, what he's doing there and what he's… what his… what his purpose is for being there. But let me also say to you that this nameless, faceless African-American gentleman is me. And that just happened to me several weeks ago. So, please do not, for any of us, sit here on this floor and say that racial profiling does not exist. It happens. It is very, very real. It is prevalent in our communities. I have nothing but the greatest respect for our law enforcement, but let's be very, very clear. These things happen and it is not… it is not targeted at those individuals who are doing the right 09800111.docx 92 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 things but it's targeted at those who are doing the wrong things. And let's be clear about that. One of my prev… one of the previous speakers mentioned that we could… that there are better uses for the funds used for this study. I can think of no better use for funds than to ensure that every citizen of this great state is treated equally. I can think of no better use of our time than to ensure that every citizen of this great state is treated the same and fairly. There is no reason why anyone should be afraid to provide this type of information. If you're… if you are doing the job correctly, it is very, very simple. Answer the questions appropriately. Mr. Speaker, I think this is a wonderful piece of legislation and I would urge an 'aye' vote."
"The last speaker is Representative Soto."
"Thank you, Speaker and Members of the House. I stand in… I stand in strong support of continuing and extending the sunset on this Bill. I am… I was not… over the summer of last year, I went through Crete, through the town of Crete. I was stopped. I was ra… myself and my husband, they stopped us and that was racial profiling. As soon as they spoke to us and we spoke English, then they… you know, this officer changed her tune. So, I'm in strong support of this Bill. If it takes federal funding to support this and continue doing this study, we need it. It'll never go away. 'Cause a lot… how long have we been waiting for this to go away? It hasn't gone away and it's never going to go away. We need the funding for this study and I hope that it continues as long as… as long as we need it. Thank you."
"Representative Davis to close." 09800111.docx 93 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 Davis, M.: "Thank you, Mr. Speaker. I believe I support police officers. A number of them support me in my community. We realize that all of them don't racially profile. However, because it does continue to exist in our state and because we do want to continue to record, analyze and provide data to the Illinois General Assembly and to the Governor on an annual basis, I urge an 'aye' vote. And thank you to my colleagues who spoke from their hearts. Thank you."
"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 record yourselves. Harris, Sente. Please take the record. On this question, there are 63 voting 'yes', 46 'no'… voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Leader Feigenholtz."
"Thank you, Speaker. I would like to be recorded as voting 'aye' on House Bill 4410. I inadvertently hit the red button. I want to be green."
"The record will reflect your intentions. On Supplemental Calendar #1, under the Order of House Bills- Second Reading, there appears House Bill 3820, Mr. Crespo. Please read the Bill."
"House Bill 3820, a Bill for an Act concerning State government. Second Reading of this House Bill. Amendments 1 and 2 were adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. The Chair recognizes Mr. Mautino for a point." 09800111.docx 94 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014
"Thank you. Point of personal privilege."
"Please proceed."
"Just a quick announcement to the Body that the Illinois Press Association was going to have an event this evening and they are going to reschedule that. So, there won't be an event for the Press Association. We'll see you next week."
"Mr. Phelps."
"Thank you, Mr. Speaker. I have a purpose of an announcement."
"Proceed, Sir."
"Ladies and Gentlemen, I just want to remind you on April 2, the Illinois Sportsman's Caucus is going to get together at the Statehouse Inn starting at 6:00. We're just encouraging all Members to bring an auction item. Hope you can make it."
"And now, leaving perfunctory time for the Clerk, Leader Currie moves that the House stand adjourned 'til Tuesday, April 1 at the hour of 12 noon. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the House does stand adjourned until Tuesday, April 1 at the hour of 12 noon."
"House Perfunctory Session will come to order. Introduction and First Reading of House Bills. House Bill 6020, offered by Representative Durkin, a Bill for an Act concerning appropriations. This is referred to the Rules Committee. Second Reading of House Joint Resolution Constitutional Amendments. House Joint Resolution Constitutional Amendment #1, offered by Representative Lang. 09800111.docx 95 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Section 8.1 of Article I of the Illinois Constitution as follows: ARTICLE I BILL OF RIGHTS SECTION 8.1. CRIME VICTIMS' RIGHTS. (a) Crime victims, as defined by law, shall have the following rights: (1) The right to be treated with fairness and respect for their dignity and privacy and to be free from harassment, intimidation, and abuse throughout the criminal justice process. (2) The right to notice and to a hearing before a court ruling on a request for access to any of the victim's records, information, or communications which are privileged or confidential by law. (3) The right to timely notification of all court proceedings. (4) The right to communicate with the prosecution. (5) The right to be heard at any post-arraignment court proceeding in which a right of the victim is at issue and any court proceeding involving a post-arraignment release decision, plea, or sentencing. (6) The right to be notified of the conviction, the sentence, the imprisonment, and the release of the accused. 09800111.docx 96 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 (7) The right to timely disposition of the case following the arrest of the accused. (8) The right to be reasonably protected from the accused throughout the criminal justice process. (9) The right to have the safety of the victim and the victim's family considered in denying or fixing the amount of bail, determining whether to release the defendant, and setting conditions of release after arrest and conviction. (10) The right to be present at the trial and all other court proceedings on the same basis as the accused, unless the victim is to testify and the court determines that the victim's testimony would be materially affected if the victim hears other testimony at the trial. (11) The right to have present at all court proceedings, subject to the rules of evidence, an advocate and other support person of the victim's choice. (12) The right to restitution. (b) The victim has standing to assert the rights enumerated in subsection (a) in any court exercising jurisdiction over the case. The court shall promptly rule on a victim's request. The victim does not have party status. The accused does not have standing to assert the rights of a victim. The court shall not appoint an attorney for the victim under this Section. Nothing in this Section shall be construed to alter the powers, duties, and responsibilities of the prosecuting attorney. (c) The General Assembly may provide for an assessment against convicted defendants to pay for crime victims' rights. 09800111.docx 97 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 (d) Nothing in this Section or any law enacted under this Section creates a cause of action in equity or at law for compensation, attorney's fees, or damages against the State, a political subdivision of the State, an officer, employee, or agent of the State or of any political subdivision of the State, or an officer or employee of the court. (e) Nothing in this Section or any law enacted under this Section shall be construed as creating (1) a basis for vacating a conviction or (2) a ground for any relief requested by the defendant. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act. This was Second Reading in full as amended of House Joint Resolution Constitutional Amendment #1. House Joint Resolution Constitutional Amendment #51, offered by Speaker Madigan. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to add Section 11 to Article IX of the Illinois Constitution as follows: ARTICLE IX REVENUE SECTION 11. TAX FOR EDUCATION Notwithstanding subsection (a) of Section 3 of this Article, and in addition to any other tax, a tax shall be imposed on 09800111.docx 98 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/27/2014 individuals in an amount equal to 3% of income greater than $1,000,000 for the taxable year. All revenue collected pursuant to this Section shall be distributed to school districts solely on a per pupil basis. The General Assembly by law shall provide for the implementation and enforcement of this Section. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act and applies to taxable years beginning on or after January 1, 2014. This was Second Reading in full of House Joint Resolution Constitutional Amendment #51. There being no further business, the House Perfunctory Session will stand adjourned." 09800111.docx 99